GRAM PANCHAYAT KOLANAPALLE Vs. COLLECTOR WEST GODAVARI

JUDGEMENT

(1.) This writ appeal is filed against a judgment of our learned brother Raghuvir, J., dismissing the writ petition filed by the Gram Panchayat of Kolanapalli, West Godavari District. The Kolanapalli Gram Panchayat comprises certain areas of which Komatigunta, Suryaraopet are some. The District Collector, is the Panchayat Raj Commissioner for his area. By his notification dated 13-4-78, he had carved out certain areas from Kolanapalli Gram Panchayat and constituted those areas into a separate gram panchayat. The Kolanapalli Gram Panchayat is not agreeable to this bifurcation of these areas from its jurisdiction. It has therefore filed the aforesaid writ petition assailing the correctness of the Collector's action. The learned single Judge has dismissed that writ petition against which the present writ appeal has been filed.

(2.) The District Collector, West Godavari exercised the powers of the Commissioner of the Panchayat Raj under S. 3 of the A.P. Gram Panchayat Act. Exercising his powers under S.3. Cl.(2) of the A.P. Gram Panchayat Act (hereinafter referred to as 'the Act') he first called upon the Gram Panchayat of Kolanapalli in his show-cause notice dated 27-3-78 to show-cause why R.S. Nos. 1 to 31, 34 to 40, 45 to 161, 167 to 178, 387 to 389 and 402 to 407 of Komatigunta hamlet of Kolanapalli revenue village should not be excluded from the existing limits of Kolanapalli Gram Panchayat and constituted into a separate gram panchayat with the name of Komatigunta. On receipt of this show-cause notice the Kolanapalli gram panchayat met and passed the following resolution :-

(3.) In the writ petition filed by the Kolanapalli Gram Panchayat, the validity of the Collector's notification dated 13-4-78 was assailed. The petitioner gram panchayat argues that although the Collector has powers under S.3 of the Act to exclude certain areas from the boundaries of the existing gram panchayat and to constitute the same into a new gram panchayat, he cannot exercise that power where the existing Gram Panchayat unanimously opposed such an exercise of power by the Collector except for special reasons recorded by him in writing. The argument of Kolanapalli Gram Panchayat is that the power of the Collector in constituting Komatigunta as a gram panchayat without giving special reasons in writing for overruling the unanimous opposition of Kolanapalli Gram Panchayat regarding the boundaries of the new gram panchayat, is ultra vires of his powers under S.3 of the Act. This argument of the Kolanapalli Gram Panchayat was rejected by the learned single Judge leading to the filing of this writ appeal.