GODI BALAKRISHNAIAH Vs. GOVT OF A P

JUDGEMENT

(1.) The legality and validity of G. 0. Ms. No. 1384 Revenue (U) Department dated 28-11-1979 concerning the formation of Vakadu Taluk with head quarters at Vakadu, Nellore District under the provisions of the District Formation Act is impugned in these two writ petitions. Writ Petitions. No. 7600/1979 is at the instance of Sarpanches of various Gram Panchayats in Kota Panchayat Samlthi except petitioner No. 20, who was the former Panchayat Samithi President of Kota Panchayat Samithi and former Zilla Parishad Chairman, Nellore. W P No. 7601/1979 is at the instance of the Sarpanch, Vallipadu Gram Panchayat, Nellore District and also purporting to be on behalf of the villagers questioning the validity of the inclusion of Vallipedu in Vakadu Taluk with head quarters at Vakadu. It is stated in W P No. 7600/1979 that the Government published a preliminary notification dated 26th October, 1979 with a proposal to form Vakadu taluk with head quarters at Vakadu. Vakadu taluk was proposed to be comprised of some villages in Yellasiri firka and most of the villages in Thikkavaram firka and 15 villages in Mallam firka and it is not coterminus with Panchayat Samithi area. It is also said that in the formation of new taluks viz, Indukurpeta, Buchireddipalem, Podalakuru and Vinjamuru in Nellore district, there was no deviation from the policy decision of the Government to form taluks co-terminus with panohayat area. It is also alleged that the deviation from the general policy and also picking out some villages from some Firkas at random and including them in the proposed taluk regardless of the convenience of the people is done at the behest of Sri. N Janardhana Reddy, the Revenue Minister in the Andhra Pradesh cabinet. It is further stated that Sri. Janardhanareddy is a resident of Vakadu village and the political rivalary between Sri. N.Chandrasekhara reddy and his brother Sri. N Srinivasulu Reddy on one side and Sri. N Janardhanareddy on the other side is acute and Sri N. Chandrasekharareddy being the vice-chaiiman of the Zilla Parishad for considerable period and Sri N Srinivasulu Reddy being Kota Panchayat Samithi president for a decade wield considerable influence amongst the people and were instrumental in several developmental activities at the Gudur taluk in general and Kota Samithi in particular. The Political factionalism between these two groups was intense and every election from Cooperative society onwards to samithi was fought with utmost vigour. In all these elections the candidates supported by Sri Srinivasulu Reddy and Sri Chandrasekhara Reddy were elected. It is said that taking advantage of the position as a Revenue Minister Sri Janardhena reddy influenced rhe decision of the Government regarding the formation of new taluk as Vakudu, his native place. It is also stated that with a view to diffuse the political influence of the brothers, Sri Janardhanareddy instructed the District Collector and other officials to submit reports and the Collector pursuant to the same proposed Vakadu taluk with head quarters at Vakadu and it is learnt that specific instructions were given To the Collector to include Vallipedu and Pallamala of Gudur taluk in the proposed taluk and this was done with an intention to prevent Sri. Y Venugopal Reddy, who is the Sarpanch of Vallipedu and president of Gudur taluk Cooperative Marketing Society from contesting the presidentship of Gudur Panchayat Samithi. Sri Y Venugopal Reddy is an influential person and close associate of brothers and also politically opposed to Sri Janardhanareddy since long time. The main intention of Sri N Janatdhanareddy is to make Kota Panchayat Samithi as a reserved Samithi for scheduled castes and in consonance with that decision, he instructed the Collector to include 15 villages from Mallam firka in which the majority population will be Harijans in the proposed taluk. The area proposed for Vakudu taluk is not geographically contiguous as there are natural barriers viz., Swarnamukhi river and Challakalva. Subsequent to the issue of preliminary notification 45 sarpanches filed objections before the Collector and finally requested the Government to form Kota taluk with Kota head quarters co-terminus with Kota Panchayat Samithi area. It is alleged that but for the interference of the Revenue Minister the Government would have in usual course formed Kota taluk at Kota as head quarters in co-terminus with Panchayat samithi area. The Government brushing aside the legitimate objections and suggestions issued the notification dated 28-11-1979 effecting several charges to the original proposal.

(2.) The averments in W.P.No. 7601/1979 are almost similar to that of the averments in W.P. 7600/1979 regarding the feasibility of the location of the taluk at Kota and the inconvenience of the villagers and mala fides behind the formation of taluk. It is stated that the petitioner is sarpanch of Vallipedu village and two villages Vallipedu and Pallamala were severed from Tikkaveram Firka, Gudur taluk and included in Vakadu taluk to eliminate the petitioner from evincing political interest in Gudur taluk and contesting for several prestigious posts.

(3.) The learned counsel for the petitioners in both the petitions contended that the final notification is substentially at variance with the preliminary notification and the final notification adding some more villages and deleting some villages made in the preliminary notification is done and the absence of publication again with new proposals is violative of principles of natural justice. The formation of Vakadu taluk at head quarters at Vakadu is in deviation of the policy decision taken by the Government to have taluk co-terminus with Panchayat Samithi area and if this policy decision is adhered to the taluk should have been formed as Kota taluk at Head quarters at Kota. Further, the notification is vitiated by male fides due to interference of Sri. N.Janardhanareddy, the Revenue Minister, who instructed the Collector and other officials to send proposals for formation of Vakadu taluk in the manner it took shape now. The learned Advocate General for the respondents contended that the finale decision under Section 3 of the District Formation Act is administrative in nature The inclusion or deletion of certain villages and departure from initial notification does not infringe upon the legal right of the residents in the area. Tha provisions and the rules of the Act do not contemplate any enquiry and does not have any adverse impact on individuel rights end the mere location of taluk does not create any political advantage and the propriety of the decision taken for the formation of the taluk is not justiciable. There is no rigid policy that the area of the Samithi would be coterminus with taluk and the decision to that effect should be followed as far as possible and need not be adhered to strictly. In any event, the policy decision can be considered as administrative instructions which cannot be conferred a status of a statute or right. It is contended that there is no semblance of mala fides or political motivation and there is absolutely no evidence in support of the allegation of mala fides,