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2021 DIGILAW 584 (AP)

Nagisetty Chinna Sanjeeva Rayudu, S/o. Baludu v. State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj & Rural Development Department, A. P. Secretariat

2021-08-27

ARUP KUMAR GOSWAMI, NINALA JAYASURYA

body2021
JUDGMENT : Arup Kumar Goswami, J. 1. Two writ petitioners, namely, Nagisetty Chinna Sanjeeva Rayudu and Panditi Venkataiah, had jointly filed a writ petition being WP No. 25178 of 2020, questioning the action of the respondent authorities in changing the location of construction of Devagudi-II Village Secretariat from Devagudi Village to P. Sugamanchipalle Village and seeking a writ of mandamus directing the respondents to construct Devagudi-E Village Secretariat in Devagudi Village itself. By the judgment and order dated 19.01.2021, the learned Single Judge dismissed the writ petition. 2. Assailing the said judgment and order, Nagisetty Chinna Sanjeeva Rayudu and Panditi Venkataiah individually preferred WA No.55 of 2021 and WA No.99 of 2021, respectively. 3. We have heard Mr. P. Veera Reddy, learned Senior Counsel assisted by Ms. Sodum Anvesha, learned Counsel appearing for the appellant in WA No. 55 of 2021, and Mr. Vedula Venkata Ramana, learned Senior Counsel representing M/s. Bharadwaj Associates for the appellant in WA No. 99 of 2021. We have also heard Mr. V. Kiran Kumar, learned Government Pleader for Panchayat Raj and Rural Development appearing for respondent Nos. 1 to 4 in WA No. 55 of 2021 and respondent Nos. 2 to 5 in WA No. 99 of 2021 and Mr. G.R. Sudhakar, learned Counsel representing Mr. V. Vinod K. Reddy, learned Standing Counsel for respondent Nos. 5 to 8 in WA No. 55 of 2021 and respondent Nos. 6 to 9 in WA No. 99 of 2021. 4. At the outset, it will be appropriate to take note of the case of the appellants/writ petitioners, in a nutshell, as presented in the writ petition, for the purpose of disposal of these two writ appeals. (i) As per census of 2011, Devagudi Gram Panchayat has a population of 4,041 and P. Sugamanchipalle Gram Panchayat has a population of 563. The Principal Secretary, Panchayat Raj and Rural Development Department, Government of Andhra Pradesh, had issued G.O. Ms. No. 110, Panchayat Raj and Rural Development (MDL-I) Department, dated 19.07.2019, introducing a scheme of establishment of village secretariats in Gram Panchayats in the State. In terms of the said G.O., two village Secretariats, viz., Devagudi-I Village Secretariat and Devagudi-II Village Secretariat, were sanctioned for Devagudi Gram Panchayat based on its population. No. 110, Panchayat Raj and Rural Development (MDL-I) Department, dated 19.07.2019, introducing a scheme of establishment of village secretariats in Gram Panchayats in the State. In terms of the said G.O., two village Secretariats, viz., Devagudi-I Village Secretariat and Devagudi-II Village Secretariat, were sanctioned for Devagudi Gram Panchayat based on its population. The two village secretariats so sanctioned were decided to be set up in Devagudi Village and after allotment of land, foundation stones were laid in respect of the two village secretariats in December, 2019. A sum of Rs.79,30,000/- was sanctioned for Devagudi-II Village Secretariat. (ii) The Member of Legislative Assembly for Jammalamadugu Constituency addressed a letter dated 31.05.2020 to the Joint Collector, YSR Kadapa District, requesting for construction of a village Secretariat in P. Sugamanchipalle Village instead of in Devagudi Village and on the next day itself, i.e., on 01.06.2020, the Joint Collector, YSR Kadapa District, had diverted the construction] of village Secretariat to P. Sugamanchipalle Gram Panchayat. A consequential order dated 02.06.2020 was issued by the Chief Executive Officer, Zilla Praja Parishlad, YSR Kadapa District, to the Mandal Parishad Development Officer, Jammalamadugu, who, in turn, by his letter dated 02.06.2020, informed the Chief Executive Officer that as the population of Devagudi Gram Panchayat is more than 4,000 and since P. Sugamanchipalle Gram Panchayat has population of less than 2,000, it would be contrary to G.O. Ms. No. 110 dated 19.07.2019. (iii) The population of P. Sugamanchipalle Gram Panchayat being less, for administrative convenience, the said Gram Panchayat was attached to Devagudi-II Village Secretariat in terms of Clause 11(ii)(b) and (c) of G.O. Ms. No. 110 dated 19.07.2019. While there are 11 functional assistants/village volunteers for Devagudi-II Village Secretariat, P. Sugamanchipalle Gram Panchayat has only 04 functional assistants/village volunteers. Total pensioners under Devagudi-II Village Secretariat are 231, out of which only 78 belong to P. Sugamanchipalle Gram Panchayat. Similarly, out of 464 beneficiaries of rice cards under Devagudi-II Village Secretariat, 322 beneficiaries belong to Devagudi Gram Panchayat and only 142 beneficiaries belong to P. Sugamanchipalle Gram Panchayat. That apart, while there are more than 407 houses in Devagudi Village under Devagudi-II Village Secretariat, only 120 houses are there in P. Sugamanchipalle Gram Panchayat. Similarly, out of 464 beneficiaries of rice cards under Devagudi-II Village Secretariat, 322 beneficiaries belong to Devagudi Gram Panchayat and only 142 beneficiaries belong to P. Sugamanchipalle Gram Panchayat. That apart, while there are more than 407 houses in Devagudi Village under Devagudi-II Village Secretariat, only 120 houses are there in P. Sugamanchipalle Gram Panchayat. (iv) Only because of the fact that a political personality belonging to the ruling party had desired to change the location of Devagudi-II Village Secretariat, the action for relocation of the said village Secretariat to P. Sugamanchipalle Gram Panchayat had been proposed and being aggrieved by such proposal to shift Devagudi-II Village Secretariat, representations were submitted by the villagers of Devagudi Village and there being no response, the writ petition was filed. 5. It appears that no counter-affidavit was filed before the learned Single Judge and the learned Standing Counsel for respondent Nos. 5 to 8 in the writ petition had made submissions on the basis of the written instructions. 6. Based on the written instructions, the learned Single Judge had observed that Devagudi-I Village Secretariat is earmarked for 2,500 villagers of Devagudi Gram Panchayat, whereas Devagudi-II Village Secretariat is earmarked for the remaining 1,541 villagers of Devagudi Village and 563 villagers of P. Sugamanchipalle Village, totalling 2,104 villagers. It was noted that both the Gram Panchayats are contiguous and distance between them is only 600 meters. 7. On an analysis of Clauses 10 and 11 of G.O. Ms. No. 110 dated 19.07.2019, which deal with 'structure and composition of village secretariats' and 'area of operation of functional assistants', respectively, the learned Single Judge had observed that there being no indication as to where from the functional assistants have to operate in the course of providing their services to a larger Gram Panchayat and its neighbouring smaller Gram Panchayats, discretion vests with the Government to take a policy decision as to location of a village Secretariat basing on the convenience of the public. Learned Single Judge had noted that the reason for relocation of the subject village Secretariat, as can be found in the letter of the District Collector to the Commissioner, VS/WS and WB/WS Department, is that the distance between two Gram Panchayats is only 600 metres and such relocation will infuse confidence of the people of P. Sugamanchipalle Gram Panchayat as the said Gram Panchayat will get infrastructure like village Secretariat, Rythu Bharosa Kendram, YSR Village Clinic etc. Learned Single Judge had also observed that as the distance between two Panchayats is only 600 metres, going to the secretariat in P. Sugamanchipalle Gram Panchayat cannot be considered to be a constraint for the villagers of Devagudi Gram Panchayat, and accordingly, the learned Single Judge had negated the contentions of the appellants/writ petitioners. 8. Mr. P. Veera Reddy as well as Mr. Vedula Venkata Ramana have submitted that the learned Single Judge was wholly wrong in construing that a policy decision was taken to change the location of Devagudi-II Village Secretariat to P. Sugamanchipalle Gram Panchayat. If at all there was a policy decision, the same is to be found in G.O. Ms. No. 110 dated 19.07.2019 and, therefore, change of location of Devagudi-II Village Secretariat to P. Sugamanchipalle Gram Panchayat is, ex facie, arbitrary and such action warrants interference at the hands of this Court. A contention was advanced, as noted in the order dated 20.07.2021, that relocation of the village Secretariat was made without there being any provision for such relocation and even without approval from the departmental Minister. When the G.O. Ms. No. 110 dated 19.07.2019 has not contained any provision for relocation, it is submitted that the impugned decision to change the location of Devagudi-II Village Secretariat cannot be sustained in law and, therefore, such decision is liable to be set aside and a direction may be issued to set up Devagudi-II Village Secretariat in Devagudi Village only. 9. Learned Counsel for the respondents, relying on the reasoning assigned by the learned Single Judge, pray for dismissal of the writ appeals. They have further submitted that the construction of building of Devagudi-II Village Secretariat in P. Sugamanchipalle Gram Panchayat had already been completed and, therefore, even otherwise, at this juncture, in the attending facts and circumstances, no interference is called for. 10. They have further submitted that the construction of building of Devagudi-II Village Secretariat in P. Sugamanchipalle Gram Panchayat had already been completed and, therefore, even otherwise, at this juncture, in the attending facts and circumstances, no interference is called for. 10. Learned Senior Counsel for the appellants does not dispute the above submission that construction of building of Devagudi-II Village Secretariat in P. Sugamanchipalle Gram Panchayat had been completed. 11. We have considered the submissions of the learned Counsel for the parties and have perused the materials on record. 12. In the writ appeals, a counter-affidavit is filed by the District Collector, YSR Kadapa District, stating that the Principal Secretary to the Government, Gram Volunteers/Ward Volunteers & Village Secretariats/Ward Secretariats Department (for short, GVWV & VSWS Department) by an order dated 11.01.2021, had accorded permission to the Commissioner, GVWV & VSWS Department, for relocation of 36 village Secretariats, including Devagudi-II Village Secretariat from Devagudi Village to P. Sugamanchipalle Village. 13. In view of the submission of the learned Senior Counsel for the appellants that the order dated 11.01.2021 was issued without there] being any provision for relocation and without approval of the Departmental Minister, as recorded in the order dated 20.07.2021, we had required the Principal Secretary to Government, GVWV & VSWS Department to file an affidavit indicating source of power for relocation of the village Secretariats. 14. In the affidavit filed pursuant to the said order dated 20.07.2021, it is stated that based on the proposals submitted by the Mandal Parishad Development Officer, Jammalamadugu Mandal, (7th respondent in WA No. 99 of 2021) to the District Collector, YSR Kadapa (4th respondent in WA No. 99 of 2021), file was processed and after obtaining approval of Minister for Panchayat Raj & Rural Development, the Memo dated 11.01.2021 for change of location of 36 village Secretariats, including that of Devagudi-II Village Secretariat, was issued. It is also stated that such an order is not running contrary to the G.O. Ms. No. 110 dated 19.07.2019. 15. Perusal of the Note File produced by Mr. V. Kiran Kumar would go to show that approval of the Departmental Minister was obtained before issuance of Memo dated 11.01.2021. 16. G.O. Ms. It is also stated that such an order is not running contrary to the G.O. Ms. No. 110 dated 19.07.2019. 15. Perusal of the Note File produced by Mr. V. Kiran Kumar would go to show that approval of the Departmental Minister was obtained before issuance of Memo dated 11.01.2021. 16. G.O. Ms. No. 110 dated 19.07.2019 was issued with a view to revamp delivery systems in the State with an aim to improve living standards of the people and to achieve that objective, establishment of village Secretariats consisting of required functional assistants to strengthen Gram Panchayats and provide services to every 2,000 population in the State was conceptualised and the Government had laid down modalities to establish village Secretariats accordingly in the State of A.P. 17. From a perusal of Clause 10 of the G.O. Ms. No. 110 dated 19.07.2019, it is manifest that the office of the Gram Panchayat will be termed as village Secretariat and that each village Secretariat will be provided with a Panchayat Secretary who will function as Secretary and Convenor of the village Secretariat. Functional assistants working under village secretariats may cater to the needs of two or more contiguous village Secretariats. Clause 11 provides that population unit of about 2,000 persons will be taken as the base for provision of services by one team of functional assistants. If a Gram Panchayat's population is more than 2,000 and less than 4,000, the entire Gram Panchayat is considered as one unit and one team of functional assistants would be provided. In the case of smaller Gram Panchayats having less than 2,000 population, one team of functional assistants will provide services for one or more Gram Panchayats to cater to the needs of population of about 2,000, for administrative convenience. 18. Learned Single Judge, while discussing Clauses 10 and 11 of G.O. Ms. No. 110 dated 19.07.2019, had recorded at Paragraph 7(e) of the order under challenge as follows : "7..... (e) Now, a conjunctive study of Clauses 10 and 11 gives us an understading that existing Gramapanchayat offices are redesignated as village secretariats, which will be managed through Panchayat Secretary who will be the convener of the village secretariat. Then, the functional assistants are concerned, they work as a team. One team of functional assistants is provided for a Gramapanchayat, whose population is between 2,000 and 4,000. Then, the functional assistants are concerned, they work as a team. One team of functional assistants is provided for a Gramapanchayat, whose population is between 2,000 and 4,000. For this purpose, the entire Gramapanchayat is considered as one unit. In case of Gramapanchayats having population of more than 4,000 additional teams of functional assistants will be provided in proportion to the population. In case of smaller Gramapanchayats having less than 2,000 population, one team of functional assistants working under a Village Secretariat will cater to the needs of two or more contiguous Village Secretariats. So, the teams of functional assistants are distributed on the basis of population of a Gramapanchayat. From this, we will understand that not all the Gramapanchayats can have the facility of independent teams of functional assistants. Those Gramapanchayats having less than 2,000 population shall depend upon the team of functional assistants working in the neighbouring larger Gramapanchayat. This is the scheme of distribution of the teams of functional assistants on pro-rata basis. Generally, the team of functional assistants will work from the concerned village secretariat. Then, a close scrutiny of G.O. Ms. No. 110 would show that except mentioning that for a population unit of every 2,000, there shall be a team of functional assistants, the G.O. is silent as to wherefrom the functional assistants have to operate in the course of providing their services to a larger Gramapanchayat as well as its neighbouring smaller Gramapanchayat as in the present case. When the G.O. is silent in this regard, and when there is no any statute governing on the field, the Government have to take a policy decision which should be a pragmatic one, basing on the convenience of the public." 19. On a perusal of Clauses 10 and 11 of the G.O. Ms. No. 110 dated 19.07.2019, we find ourselves in agreement with the findings' and observations of the learned Single Judge except that such a decision cannot be elevated to the status of policy decision, as held by the learned Single Judge. The issue regarding location of a village secretariat is essentially an administrative matter and a decision in that regard has to be taken by the executive. The issue regarding location of a village secretariat is essentially an administrative matter and a decision in that regard has to be taken by the executive. There is no express stipulation that if a Gram Panchayat has more than 4,000 population and the second village secretariat has to provide services to one or more Gram Panchayats, necessarily such second village secretariat would have to be located in the same Gram Panchayat having more than 4,000 population. Though initially a decision was taken to set up Devagudi-II Village Secretariat in Devagudi Gram Panchayat, such decision can be altered for good and sufficient reasons to relocate the said village secretariat in another Gram Panchayat. As noted earlier, the two Gram Panchayats are separated by a distance of only 600 metres and the construction of Devagudi-II Village Secretariat building in P. Sugamanchipalle Gram Panchayat had also been completed and the said village secretariat is functioning therefrom. 20. In view of the above discussion, we find no good ground to interfere with the judgment under assailment and, accordingly, the writ appeals are dismissed. No costs. Pending miscellaneous applications, if any, shall stand closed.