MAINENI PRABHAKARA RAO Vs. COLLECTOR GUNTUR PANCHAYAT WING

JUDGEMENT

(1.) Petitioners are the elected Members of Kolluru Gram Panchayat, Guntur District. They are questioning the validity of the notification issued by the District Collector (Panchayat Wing), Guntur in Roc. No.l4062/62/92-G8, dated 15-10-1994, deleting a part of area from Kolluru Gram Panchayat and forming a separate gram panchayat for Yadavapalem village (named as "Gopalapuram").

(2.) The Collector, Guntur District issued ashow-cause notice dated 9-10-1994 to show cause why the hamlet "Yadavapalem", comprising Survey Nos.389 to 393 and 613 to 668 should not be excluded from the Revenue Village of "Kolluru" and formed into a separate Gram Panchayat. According to the petitioners, as per Section 3 (2) of A.P. Panchayat Raj Act, 1994 read with Rule 4 of the Rules framed in G.O.Ms. No.364, Panchayat Raj and Rural Development Department, dated 10-7-1969 (which Rules are still in force since no rules are framed under the A.P. Panchayat Raj Act, 1994), any hamlet of a Revenue village, declared as a village under Rule 3 lying within a distance of five kilometers irrespective of its population and income, shall ordinarily be included in that village provided, the Commissioner of Panchayat Raj (Collector), for special reasons, such as geographical features, communication facilities or viability, may declare one or more such hamlets into a separate village.

(3.) Petitioners submit that,"Yadavapalem" is a hamlet of Kolluru village, which is within a distance of one and half kilometers from Kolluru village and Yadavapalem has got all the facilities such as communication facilities, electricity, drinking water etc. Petitioners' case is that unless there are special reasons as contemplated in proviso to Rule 4, the hamlet cannot be separated from the main village and formed into a separate village. They contend that the Collector without assigning any reasons, much less special reasons for forming a separate village, has mechanically issued the show-cause notice. Petitioners contend that eventhough the residents of the hamlet of Yadavapalem never requested for formation of a separate village and even though the residents of Yadavapalem submitted a representation to the District Panchayat Officer and the District Collector, Guntur on 26-11-1992 stating that Yadavapalem is having all the facilities and there is no necessity to form a separate village, the impugned notification is issued. Petitioners submit that as per Rule 9 of the A.P. Gram Panchayat Rules, the Collector shall have to give a minimum period of one month's time to the petitioners to represent their case against the proposed action, but the Collector has given only ten days' time in this case.