K SANKARA REDDY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The Petitioners are Sarpanchas of Gram Panchayats of MuthyalareddyPalli Thimminaidupalem and Settipalli, respectively. These Gram Panchayats were in existere for a considerable period. The 3rd respondent, Viz., the Tirupati Municipality be its resolution dated 24-1-1987 requested the 1st respondent, the Government of Andhra Pradesh, to include these Gram Panchayats in the 3rd respondent-Municipality. The 2nd respondent initiated proceedings proposing to cancel the notification relating to the constitution of the Gram Panchayats and issued notice in proceedings No.Rc. 6744/86-A2, dated 3-2-1987 calling for objections to the said proposal. These Gram Panchayats convenced a meeting and passed a resolution opposing the proposal. In the meanwhile, the 1st respondent issued notification in G.O.Ms.No. 507, Housing Municipal Administration and Urban development (J2) M. A.) dated 21-4-1987 declaring its intention to include the said three Gram Panchayats into the 3rd respondent-Municipality and inviting objections against the said proposal from the residents of the local area and the tax-payers of the Municipality. It is the correctness of this notification that is assailed in this writ petition.

(2.) No counter-affidavit is filed.

(3.) The learned counsel for the petitioners submits that as no orders have been passed by the 2nd respondenton the proposal to cancel the notifications constituting the said Gram Panchayats, it is not open to the 1st respondent to issue the impugned notification under the Municipalities Act. to include them in the 3rd respondent-Municipality.