1. T.Mahender v. 1. The State of Telangana
Case Details
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.....RESPONDENTS Petition Under Article 226 ot lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of lVlandamus declaring the action of the Respondent Nos. 2 to 4 in non-considering the representation of the petitioners dated 2311012024 and non-initiating to bifurcate the Narsimhapuram Village from che achennaram Grampanchayath and non-initiating to merge Narsimhapuram Village into the Thoragal Grampanchyath to,get the welfare and development activities to the Villagers 9f Narsimhapuram Village which is very near within the distance of 50 meters only to the Thoragal Grampanchayath is iltegal, arbitrary, u nconstitutio na I and violation of Articles 14, 15,21 of constitution of lndia and also violation of Principles of Natural Justice and consequen y direct the Respondent Nos. 2 to 4 to consider the representation of the petitioners dated 2311012024 and delete Narsimhapuram Village from cheflachennaram Grampanchayath which is far away about 6 kilometers distance and merge Narsimhapuram Village into the Thoragal Grampanchayath which is within the s00 meters distance from Narsimhapuram Village to get the welfare and developmental activities. |.A.NO:1 OF 2025 Petition Under Section '1 51 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondent Nos. 2 to 4 to consider the representation of the petitioners dated 23.10.2024 and delete Narsimhapuram Village from cheflachennaram Grampanchayath which is far away about 6 kilometers distance and merge Narsimhapuram Village into the Thoragal Grampanchayath which is within the 500 meters distance from Narsimhapuram Village to get the welfare and developmental activitres pending disposal of the writ petition. Counsel for the Petitioners : SRI RAPOLU BHASKAR Counsel for the Respondent Nos.1 to 5 : GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT Counsel forthe Respondent Nos.6 to 8: SRI K.PRADEEP REDDy The Court made the following ORDER THE HONOURABLE SMT JUSTICE T'MADHAVI DEVI w.P.NO. 6667 0F 2025 ORDER: Lo lhe rcsPond<:nts No 2 Inthisu,ritpeti[iotl,thcpetitioDersareseekingadirectron to ,1 t.o con sider their reprcsentatlon to initiate action to bifurcate the datcd 23 lO -2024 ancl Narsimhapuram Villagc rnerge it with Thoragal Grampanchayath and (i ri.r mpatlr: h:lr at ' tc gct thc u'cliirrc and dcvelopmental aclivities o[ thc villages and to pass such othcr order or orders in the interest of justice Chetlachennaram
2. i.criin'---rl counsci fcr thc petitioners surbmitted that pursuant to the representation of the petitioners' the Grampanchayath of Chetlacl-rennaram has also passed a resolutionforexcludingthesaidNarsimhapuramVillagefrom Chctlachenn:lram(irampanchayathandtomergeitwith Thoragal Grampanchayath and thereafter the District Panchayal Officer vide letter dated 23'01 2025 has required thc Mandal Parishad I)evelopmenl Officer (MPDO) to examine the represenlation ol t[re villag<:rs ol Narsimhapuram Viliage and to submit thc proposals in the prescribed formats along with the Map i.e., Annexurc-I, tt, ITI & IV, within three days for further 2 course o[ action. It is submitled that no further action has bccn taken by the MPDO thereafter
3. Learned Government Pleader, hor.l,ever, submittcd that when a representation is made by the petitioners, it is ior the Governmcnt to take a decision and lhal before issuing a notification, it shall give a notice to the Grampanchayaths, which would be affected by such bifurcation and therefore, it is not at the behest of the petitioners that the Grampanchavat would be bifurcated. He relied upon the G.O.Ms.No.542, datcd
03.12.2OO7 for the procedure to be followed for cstablishme nt or bifurcation of the Gram Panchayath. He also placed reliance upon the judgrnent of the Division Bench of this Court in Writ Petition (PIL).No.l4l of 2O18, dated 12.06.2018 to the eflcct that it is only the Government which can take a decision on thc bifurcation, as it is a policy decision.
4. Having regard to the rival contentions and the material on record, this Court finds that lhe represcntation o[ the petitioners has been pending from September, 2024 and the respondent authorities have also called for proposals in the prescribed formats along with a Sketch Map. The MPDO i.e ., responden[ No.5 seems to have not sent Lhc proposals as 3 required and therelorc, the matter is nol placcd before the Governmcnt tor consideration. Thercfore, this Court deems it fit and proper to direct the respondent No.5 lo send the proposals, if fezrsible, ancl thereaftcr, the Government shall Lakc a decision in accordance u,ith lau' expe ditiously.
5. Accordinglv, the writ petition is disposed of. There shall be no order as lo costs.
6. Misccllaneous petirions, iI any, pending in this writ petiLion, shall starnd closcd //TRUE COPY// sD/-A.v.s.PRAsAD / PUry ReCtSrRln / To ,| Nalgon Nalg onda District da, Nalgond a District SECTION OFFICER The PrinciPa I Secretary, PanchaY ath Rai and Rural DeveloPment DePartment' Secretariat B uilding, Sec retariat, State of Telang ana atHvderabad. 2 The Commis sioner, PanchaY ath Raj DeP artment , Telanga na, HYderabad' 3.7 he District Collector, 4. The District PanchaYa th Rai Off icer, Nalgo nda, Nalg onda District. 5. The Mandal Parishad DeveloPm ent Officer , Kanagal , Kanagal Ma ndal, 6. The tr,landal PanchaY ath Officer, Kanag al, Kangal Mandal, Nalgonda District i. The PanchaY ath Secretary, Gram Panc hayathi, Thoragal Thoragal Village' Kanagal Man dal, Nalgonda District 8. The PanchaY ath Secretary, Gram PanchaYathi, Chetlachennaram, Chetlachenna ram Village, Ka nagal M andal, Nalgonda District o Two CCs to G P FOR PANCH AYAT RAJ AND RU RAL DEVEL OPMENT, High Court for the State of Telanga na at HYd erabad. [OUT] 0.One CC to SR I RAPOLU BHASKAR, Advocate IoPUCI i.One CC to SRir.pnnoerP nEDDY, Advocate (oPUC) 12.Two CD CoPies 1 1 SA GJP I 1 [.] E S.r4 14- f^o ( 3 0 JUt 2r[5 f \ \\ ,1 / HIGH COURT DATED:2310712025 ORDER WP.No.6667 ot 2025 DISPOSING OF THE W.P WITHOUT COSTS. I