K NAGABHUSHANAM Vs. COLLECTOR KRISHNA DISTIRCT

JUDGEMENT

(1.) Bhavanipuram, Patamata and Gunadala are three Gram Panchayats constituted under the Gram Panchayats Act in the vicinity of Vijayawada Municipality. These three Panchayats come within the definition of local area as defined in Sec. 2, sub-section (20) of the A. P. Municipalities Act, 1965 (hereinafter called the Municipalities Act) The Government, by G. O. Ms. No. 819 (Municipal Administration) dated 13-8-1979 issued under Sec. 3 (1) (b) of the Municipalities Act, declared its intention to include the aforesaid local areas within the limits of Vijayawada Municipality and invited objections thereto from the residents of the local area or tax-payers of the Municipality in accordance with S. 3 (2) of the Municipalities Act. The Collector, Krishna, by his proceedings, R.O.C. No. 9083/79-55 dated 14-8-1979 informed the Gram Panchayats that in view of the proposal to merge the local areas comprised in the Gram Panchayats in the Vijayawada Municipality, the notification constituting the three Gram Panchayats is proposed to be cancelled. He invited objections from the Gram Panchayats as contemplated by R. 12 (1) (2) of the A. P. Gram Panchayats (Declaration of Village) Rules, 1969. The three Gram Panchayats filed their objections before the Collector who, by his order R.O.C. No. 9083/79-S1, dated 27-9-1979, cancelled the notification constituting the above Gram Panchayats with effect from the afternoon of 30-9-1979. The Government of Andhra Pradesh, in its Memorandum No. 3471/Panchayats IV/A1/79 dated 5-10-1979, suspended the aforesaid notification of the Collector in exercise of its powers under Sec. 232 of the Gram Panchayats Act. Later the government by its G.O.Ms No. 125 (Municipal Administration) dated 10-2-1981 after rejecting the objections received to its notification dated 13-8-1979, confirmed the inclusion of the areas of the three Gram Panchayats aforesaid in the limits of Vijayawada Municipality. The Collector, by his proceedings R.O.C. No. 9073/79-S1 dated 20-2-1981 directed the Special Officer, Vijayawada Municipality, to take charge of all the records of the Gram Panchayats from their respective Executive Officers. The Sarpanches of Patamata and Gunadala have filed W. P. No. 933/81, seeking a writ of certiorari to quash the proceedings of the Collector, Krishna, made in R.O.C. No. 7083/79-S1, dated 14-8-1979 and the consequential orders of the Collector, Krishna made in R.O.C.No. 9083/79-S1 dated 27-9-1979 and R.O.C. No. 9083/-S1 dated 20-2-1981. The Bhavanipuram Rate-payers Association by its President filed W. P. No. 1334/81, seeking an appropriate writ for setting aside the notification in G.O.Ms. No. 125 (Municipal Administration) dated 10-2-1981.

(2.) There does not appear to be much dispute as to the facts, but as a great deal rests on the proper inference to be drawn from these facts, they may be stated chronologically as follows. During 1976, a proposal was under consideration of the Government that the Vijayawada Municipality should exercise some control over the Patamata Gram Panchayat so far as building regulations are concerned. The proposal was rejected on the ground that it affects the autonomy of Gram Panchayats Bhavanipuram, Patamata and Gunadala Gram Panchayats have become practically and integral part of Vijayawada for which, master plan was prepared to regulate the building activity within the municipal limits. As these Gram Panchayats were outside the municipal area, the master plan could not be enforced in those areas. The Government, in its G.O.Ms. No. 819 (Municipal Administration) dated 13-8-1979, declared its intention to include within the limits of Vijayawada Municipality the areas comprised in Bhavanipuram, Patamata and Gunadala villages. The G. O. was issued after getting approval of both the Ministers for Municipal Administration and Panchayat Raj. In terms of the G.O., the Collector, Krishna was also requested to take necessary action to issue proceedings for de-notification of the affected Panchayats and also for excluding the areas in question from the respective Gram panchayats after following the procedure prescribed so as to enable the Government to issue the final notification including the local areas of the said Gram Panchayats within the limits of Vijayawada Municipality and report the fact to Government immediately. On 13-8-1979 the following telegram was issued by the Municipal Administration Department to the Collector. Krishna.

(3.) Section 3 of the A. P. Municipalities Act reads as follows: (only relevant portions extracted).