REGENT COMPUTRONICS PVT. LTD.

Kurapati Bangaraiah Appellant

V/S

GOVERNMENT OF ANDHRA PRADESH Respondents

Referred Judgements :-

JUDGEMENT

(1.) W .P. No. 4205 of 2013 is filed by 18 individuals questioning the action of the respondents in constituting Dubbaka Nagar Panchayat, with Dubbaka, Dharmajipet, Lachapet, Chervapur, Dumpalapally, Chellapur and Mallaipally Grampanchayat of Medak District, as illegal and unconstitutional. W.P. No. 7543 of 2014 is filed by five individuals questioning the action of the respondents in seeking to conduct elections for the posts of Chairman, Mandal Parishad, Dubbaka the members of the MPTCs in Dubbaka Mandal, the ZPTC, of Dubbaka and Chairman, Zilla Parishad, Medak District, while leaving out the Dubbaka, Dharmajipet, Latchapet, Chervapur, Dumpalapally, Chellapur and Mallaipally MPTCs from the present electoral process, as arbitrary, illegal and unconstitutional.

(2.) FACTS , to the extent relevant, are that the Member of the Legislative Assembly, Dubbaka, ("M.L.A." for short) requested the Minister for Municipal Administration, vide his letter dated 31.01.2012, to propose creation of a new Municipality at Dubbaka in view of the long pending demand from the public in his constituency. He enclosed thereto, a brief note submitted by the Revenue Divisional Officer, Siddipet for creation of a new Municipality in Dubbaka town and mandal. The Government, vide letter dated 11.04.2012, informed the M.L.A. that the proposal for creation of Dubbaka Municipality would be considered in the next phase, as the pre -election process i.e., identification of B.C. voters in all the urban bodies had already started. The MLA again addressed letter dated 03.11.2012 to the District Collector, Medak informing him that a proposal, for creation of Dubaka Municipality, had been submitted to the Government under the Indiramma Bata programme which was held at Dubbaka on 29.10.2012; the Government should consider creation of Dubbaka as a Municipality so that the on going development works, weaker section houses etc., may be taken up; and the subject villages had no objection to merge themselves to constitute Dubbaka Municipality. Along with his letter dated 03.11.2012, the M.L.A. enclosed the alleged agreements of 12 Gram panchayats to merge their villages for creation of Dubbaka as a Municipality. The M.L.A. requested the District Collector to recommend, creation of Dubbaka as a Municipality, to the government at the earliest.

(3.) THE Special Secretary to the Government vide memo dated 15.01.2013, while drawing his attention to the letter of the M.L.A. dated 31.01.2012 and the memo of the Secretary dated 08.01.2013, requested the Commissioner and Director of Municipal Administration to expedite the proposal for further action to be taken in the matter. The Commissioner of Municipal Administration, vide letter dated 17.01.2013, informed the District Collector that a representation was submitted by the Dubbaka M.L.A. on 31.01.2012; the Government had agreed, in principle, to consider constitution of Dubbaka Grampanchayat as a Municipality subject to fulfillment of the parameters; proposals for constituting it as a Nagar panchayat/Municipality should be sent; and the particulars, as required under the Andhra Pradesh Transitional Area and Smaller urban Areas (Fixation of criteria) Rules, 2013; (notified in G.O.Ms. No. 16 dated 16.01.2013) (hereinafter called the "2013 Rules"), be furnished regarding Dubbaka Gram panchayat and other Gram panchayats as proposed by the M.L.A. for merger, and to constitute Dubbaka as a Nagar panchayat/Municipality; and to offer specific remarks in the matter.

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KURAPATI BANGARAIAH Vs. GOVERNMENT OF ANDHRA PRADESH

Referred Judgements :-

JUDGEMENT

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