J R RAGHUPATHY K MALLIAH M PAMPAPATHAIAH Vs. STATE OF ANDHRA PRADESH:S BAL REDDY:STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) These appeals by special leave and the connected special leave petitions directed against the various judgments and orders of the Andhra Pradesh High Court involve a question of principle, and relate to location of Mandal Headquarters in the State of Andhra Pradesh under S. 3(5) of the Andhra Pradesh Districts (Formation) Act, 1974. The main issue involved is whether location of Mandal Headquarters was a purely governmental function and therefore not amenable to the writ jurisdiction of the High Court under Art. 226 of the Constitution. In the present cases we are concerned with the location of 12 Revenue Mandal Headquarters.

(2.) The avowed object and purpose of the Andhra Pradesh Districts (Formation) Act, 1974, as amended by the Andhra Pradesh Districts (Formation) Amendment Act, 1985 as reflected in the long title, was to bring about a change in the Revenue Administration with a view to 'bring the administration nearer to the people and to make all public services easily available to them'. The change in the Revenue Administration was so achieved by the creation of Revenue Mandals in place of taluks and firkas. The purpose of the legislation is brought out in the Statement of Objects and Reasons, a relevant portion whereof is as under:

(3.) To implement the decision of the Government, on 11th January, 1984 the Governor of Andhra Pradesh accordingly, promulgated Ordinance No. 22 of 1984. This Ordinance was later replaced by Ordinance No. 5 of 1985 inasmuch as the earlier Ordinances could not be reintroduced due to dissolution of the Legislative Assembly. The Ordinance was later replaced by Act No. 14 of 1985. The change in administration was brought about by amending S. 3 of the Act by introducing the word 'mandals' in place of taluks and firkas. Pursuant to their powers under sub-s. (1) of S. 3 of the Andhra Pradesh Districts (Formation) Act, as amended by Act 14 of 1985, the State Government, by notification published in the official gazette, after following the procedure laid down in sub-s. (5) thereof divided the State for the purpose of revenue administration into 23 Revenue Districts with such limits as specified therein. Each such district consisted of Revenue Divisions and each Revenue Division, consisted of Revenue Mandals. The 23 districts now comprise of 1104 Revenue mandals.