CALINGAPATNAM GRAM PANCHAYAT GARA MANDAL, SRIKAKULAM DISTRICT REP. BY ITS SARPANCH POTNURU KRISHNA MURTHY Vs. THE STATE OF ANDHRA PRADESH REPRESENTED BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ & RURAL DEVELOPMENT DEPARTMENT SECRETARIAT BUILDING, HYDERABAD AND OTHERS

JUDGEMENT

(1.) - The Sarpanch of Calingapatnam Gram Panchayat, Gara Mandal, Srikakulam District, filed this writ petition in the name of the Gram Panchayat, apprehending that the respondents are taking steps for inclusion of Survey No.146 and Uppugadda area of Survey No.201 of Calingapatnam Revenue Village, in the area of respondent No.8 by deleting the same from Calingapatnam Village.

(2.) Before proceeding to discuss the merits of the case, the issue relating to maintainability of the writ petition needs to be addressed. Mr. Ravi Cheemalapati, learned Standing Counsel for Panchayat Raj Institutions (AP), appearing for respondent No.8, has submitted that as a Secretary has been appointed to the petitioner Gram Panchayat, who is the Executive Authority under Sec. 30 of the Andhra Pradesh Panchayat Raj Act, 1994 (for short, ‘the Panchayat Raj Act’), the Sarpanch cannot represent the petitioner.

(3.) Mr. P. Veera Reddy, learned Senior Counsel, appearing for the petitioner, submitted that though the Executive Authority shall be responsible for implementing the resolutions of the Gram Panchayat, the Panchayat Raj Act has not specifically conferred power on him to exclusively represent the Gram Panchayat before the Courts.