T V NAGENDRAM Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The three writ petitioners filed this writ petition seeking a writ, order or direction calling for the records relating to the order made by the first respondent in G.O. Rt. No.816, dated 20-6-1997 for implementation of the order in G.O. Rt. No.817, Panchayat Raj and Rural Development and Relief (Pts.IV) Department dated 31-5-1995 and quash the same as arbitrary and unjust and contrary to the A.P. Gram Panchayats (Declaration of Villages) Rules, 1994 and the G.Os. issued by the Government from time to time and contrary to the directions issued by this Court on 28-9-1995 in Writ Petition No.10957 of 1995.

(2.) Petitioners are the members of Athota Gram Panchayat, which is a major Gram Panchayat with an yearly income of about Rs.1,00,000/-. The population of the said Athota Gram Panchayat is about 5,600 with an electorate of 4,300. The Gram Panchayat consists of three villages, viz., Athota, Yadavapalem @ Gollapalem, and Harijanawada. The Gram Panchayat which is located at Athota is at equi distance from Gollapalem and Harijanawada, the distance being 1.5 Kms. The petitioners state that the 5th respondent and others made an application to the District Collector, Guntur/2nd respondent seeking deletion of Gollapalem and Harijanawada from Athota Gram Panchayat and for constitution of a separate Gram Panchayat at Gollapalem. The District Collector, refused to bifurcate Athota Gram Panchayat as requested in the said application by his order in Roc. N0.14833/94-G1 dated 24-4-1995, on the ground that the distance between the areas to be bifurcated is only 1.5 Kms. and it would be violative of Rule 6 of the A.P. Gram Panchayats (Declaration of Villages) Rules, 1994 and also the various G.Os. issued by the Government from time to time. Challenging the said order, the 5th respondent filed a revision before the respondent-Government. Considering the revision, the Government issued G.O. Rt. No.817, Panchayat Raj and Rural Development (Pts.IV) Department dated 31-5-1995, bifurcating the Athota Gram Panchayat and constituting a separate Gram Panchayat at Gollapalem. According to the petitioners, before passing the orders on the revision, no prior notice was issued to the Gram Panchayat, Athota and no reasons were given in the said G.O. with regard to the necessity for bifurcating the Gram Panchayat. Petitioners filed Writ Petition No.10957 of 1995 in this court challenging G.O.Rt. No.817, dated 31-5-1995 and this court admitted the above writ petition and suspended the operation of G.O.Rt. No.817. In the said writ petition 5th respondent filed counter enclosing a certificate issued by the Deputy Executive Engineer, Panchayat Raj, Emani, certifying that the distance between Athota village and Yadavapalem is 2 to 2.5 Kms. Petitioners submit that the certificate issued by the Dy. Executive Engineer cannot be relied upon for any purpose. Along with the said counter, the 5th respondent also filed two resolutions said to have been passed by the Members of the Gram Panchayat. Petitioners submit that the said resolutions were clandestinely passed without the knowledge of the members of the Gram Panchayat. This Court by order dated 28-9-1995 disposed of Writ Petition No.10957 of 1995 directing the petitioners to file objections within 30 days from the date of receipt of the order before the authorities concerned, with a direction to the respondents therein to pass appropriate orders within 60 days from the date of receipt of objections, in accordance with the provisions of A.P. Panchayat Raj Act, 1994, the rules made thereunder and the G.Os. issued by the Government. Petitioners submit that a copy of the order in the writ petition was made available to them on 13-3-1996 and on 19-3-1996 they filed objections before the first respondent- Government in the form of a counter in the revision filed by the 5th respondent, and the copy of the counter was received by the office of the first respondent on 19-3-1996 in inward No.124442/96.

(3.) Petitioners aver that even though objections were filed in the month of March 1996 itself, no notice of hearing was issued by the first respondent and, on 7-7-1997 the petitioners received the impugned order in G.O. Rt. No.816, Panchayat Raj and Rural Development Department dated 20-6-1997. In the said G.O. it is stated that considering the representation of 5th respondent for implementation of the orders passed in G.O. Rt. No.817 dated 31-5-1995, the Government issued orders bifurcating Athota Gram Panchayat constituting Gollapalem as a separate Gram Panchayat. It is also stated therein that no representations have been received from the petitioners as per the order dated 28-9-1995 of this court in Writ Petition No.10957 of 1995.