SRINIVASAN Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The District Collector, Chittoor, (2nd respondent) issued a notification on 31st October, 1979, under Section 3 (2) (c) of the Andhra Pradesh Gram Panchayats Act, to the Nagari Gram Panchayat to show cause on or before 4th November, 1979, as to why survey numbers 118 to 127, 145 to 190, 196 to 203 and 223 of Nagari village (Pudupet area) should not be excluded from the jurisdiction of Nagari Gram Panchayat for administrative convenience and formed into a new village. The Nagari Gram Panchayat convened a meeting oa 3rd November, 1979. for considering that notice. The Members, other than those belonging to Pudupet area, attended the meeting, It is stated that the members from Pudupet area, who are for creation of Pudupet Grain Panchayat, could not attend the meeting, because there was a commotion and disturbance at the office and apprehending danger if they were to enter the office, they seat telegrams to the District Collector on 3rd November, 1979, intimating him of their approval for the proposal. The Panchayath passed a resolution opposing the notification and commun cating it to the District Collector. The Collector in his proceedings dated 5th November, 1979, issued a notification declaring exclusion of Pudupeat area from Nagari Gram Panchayath and constituting it as a village for the purpose of the Act with the name Pudupet with effect from 7th November, 1979. The Additional Extension Officer, Panchayats, Puttur was appointed as Special Officer for the Pudupet Gram Panchayat from 7th November, 1979, It is stated that the Special Officer has taken charge on 7th November, 1979, and is functioning as such.

(2.) While so, the Sarpanch of the Nagari Gram Panchayat filed a revision before the Government under Rule 10 of the Andhra Pradesh Gram Panchayats (Declaration of Village) Rules, 1969, questioning the notification issued by the Collector, Chittoor. The Government issued an ex parte order to stay on 11th November, 1979. Finally they passed an order on the said revision on 21st December, 1979, setting aside the notification of the Collector dated 5th November, 1979, stating that under Rule 10 the Gram Panchayar should be given a minimum statutory period of fifteen days in gap in between the date of publication of the notification, and the date of enforcement of such notification, and since in this case the date of issue of notification is 5th November, 1979, and the date of endorsement of the notification is 7th November, 1979, there was contravention of Rule 10 of the Rules. Hence the Government remanded the case to the District Collector to examine the matter de novo and take a decision according to the provisions of the Act and the Rules.

(3.) Questioning the order of the Government, the petitioners, who are members of the Gram Panchayat, hailing from Pudupet area, have filed this writ petition.