AMBATI SITARAMAYYA NAIDU Vs. GOVERMENT OF A P

JUDGEMENT

(1.) The two petitioners are residents of Narayanapuram Village in Dachepalli Mandal of Guntur District. They filed the instant writ petition praying this Court to issue a writ of mandamus declaring the action of the Commissioner, Panchayat Raj, the second respondent herein, in not declaring Narayanapuram Village, hamlet of Nadikudi as a separate Gram Panchayat under Section 3 of A.P. Panchayat Raj Act, 1994 (the Act, for brevity) as illegal and unlawful. They also seek a direction to the second respondent forthwith to constitute Narayanapuram Gram Panchayat as a separate Gram Panchayat.

(2.) The case of the petitioners in brief is as follows. Narayanapuram is local area of Nadikudi, whose population is 12,674 as per 1991 census. Out of the same, the population of Narayanapuram is 7,276. The distance between the two places is 3.48 kilometers and Nallavagu separates the two villages. When there are floods, Nadikudi becomes inaccessible. As Narayanapuram is at a distance of 3.48 kilometers, the efficiency of local body has been reduced and the spirit of Part DC of the Constitution of India has been defeated. In these circumstances, the people of Narayanapuram including the petitioners, submitted representation dated 23.12.1999 to concerned authorities seeking bifurcation of Narayanapuram a separate Gram Panchayat. The Government called for report from the Divisional Panchayat Officer, Narasaraopet, who submitted report on 10.3.2000. In spite of the same, the second respondent did not take any action. Therefore, the petitioners filed the writ petition being W.P. No.7528 of 2000 seeking a direction to respondents to bifurcate the village. In the said writ petition, Government of Andhra Pradesh filed counter-affidavit stating that the report of the Divisional Panchayat Officer was not received and that fresh census operations were in progress. It was also brought to the notice of the Court that by virtue of Government orders in G.O. Ms. No.62 dated 2.2.2000, the boundaries of villages could not be changed during census operations. This Court disposed of the writ petition on 13.10.2000 recording the submission of the Government that the necessary action will be taken after following due procedure. The petitioners allege that the census operations were concluded on 31.3.2001 and, in spite of the same, the second respondent; did not take any action to bifurcate the village. The petitioners, therefore, filed Contempt Case being C.C. No.716 of 2001 In view of the averment in the counter- affidavit of the Government that if all the conditions are satisfied, the Government would take necessary action, the Contempt Case was closed on 21. 6.2001. The petitioners contend that in view of the same, if all the conditions stipulated in A.P. Gram Panchayats (Declaration of Villages) Rules, 1994 (hereafter called the Rules) are satisfied by Narayanapuram, it is incumbent on the part of the second respondent to constitute the Gram Panchayat. Hence, they filed the present writ petition.

(3.) The writ petition was filed on the eve of elections to Gram Panchayats in August, 2001. The petitioners therefore filed miscellaneous application being W.P.M.P. No.20715 of 2001 praying for stay of elections of Nadikudi Gram Panchayat scheduled in August, 2001. This Court however dismissed the miscellaneous petition and directed the matter to be listed for final hearing. The learned Government Pleader for Respondents 1 to 3 and the learned Standing Counsel for fourth respondent took time for filing counter-affidavits but no counter-affidavit is filed.