VENKATAMUNI NAIDU Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This spppeal is directed against the Judgment of Gangadhara RaoJ. dismissing the writ petition filed by the appellants herein challenging the notification made by the second respondent dated 5-11-1979 bifurcating the Nagari Gram Panchayat into two and constituting a part of it as a separate Gram Panchayat namely the Gram Panchayat of Pudupet,

(2.) In support of the claim that the notification is illegal, the appellants raised several contentions. The first contention was that the notification was issued by the Joint Collector, Chittoor, where as under the provisons of the Andhra Pradesh Gram Panchayats Act, 1964, it is only the Commissioner that is the Collector who is entitled to issue the notification The learned Judge rejected this contention as he found that the Joint Collector was placed in full additional charge of the post of Collector who bad been transferred earlier. He was therefore, entitled to exercise all the functions of the Collector We therefore, see no merit in this contention as we agree with the learned Judge that the Joint Collector who was placed in full additional charge of the post of Collector was entitled to issue the notification.

(3.) The Second contention was that the notification vas made in haste without giving any opportunity to the Nagari Gram Pancbayat to place their representations before the Collector and hence the provisions of Section 3 (2) proviso of the Andhra Pradesh Gram Panchayats Act were violated.