GANGANEPPALLI GRAM PANCHAYAT Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) As these writ petitions raise common questions they can be disposed of together. The petitioner in W.P. No. 6602/79 seeks to issue a Writ of certiorarized-Mandamus for queshing the proceedings, dt. 26-9-1979 of the District Collector the 2nd respondent herein and to restrain the respondents from proceeding further in pursuance of the said notification.

(2.) The format of the case is that the petitioner-Nowluru Gram Panchayat, Mangalagiri Taluk, Guntur District was constituted more than four decades ago under the Madras Gram Panchayats Act, consisting of five villages. About 25 years ago Errabalem one of the five was ceded from the petitioner's Gram Panchayat. So also, about eleven years ago, Beethapudi was separated and was constituted as a separate Gram Pan-chayat. The petitioner's panchayat is separated from Mangalagiri Municipality by a Railway line which forms the border for this Gram Panchayat.

(3.) A proposal was made to include the entire area of the petitioner's Gram Panchayat within the municipal limits of Mangalagiri. A notification in G.O.Ms.No. 827; M.A., dt 13-8-1979 was issued to extend the Municipal limits of Mangalagiri by including the area comprising the petitioner's Gram Panchayat. Pursuantly a notice, dt. 22-9-1979 was issued by the 2nd respondent proposing to include the petitioner) Gram Panchayat area in Mangalagiri Municipality, exercising the powers under sub-section 2 (f) of Section 3 of the Gram Panchayat Act (hereinafter referred to as the 'Act'). The petitioner's Gram Panchayat passed an unanimous resolution, dt. 25-9-1979 objecting to the said proposal. The 2nd respondent, however, without properly considering the matter rejected the resolution and by the impugned proceedings, df. 26-9-1979 issued the notification. Hence the writ petition.