MAHABUBABAD GRAM PANCHAYATWARANGAL DIST Vs. GOVERNMENT OFA P

JUDGEMENT

(1.) The Mahabubabad Gram Panchayat, represented by its Upa-Sarpanch, filed the present writ petition praying for a writ of mandamus declaring the inaction of the respondents in upgrading the Mahabubabad Major Gram Panchayat as Grade-I Municipality, on the basis of the income as well as population, under Section 2(42-a) and Section 3 of the A.P. Municipalities Act, 1965, and Rule 3 of A.P. Transitional Area and Smaller Urban Areas (Fixation of Criteria) Rules 1955, as well as the resolutions passed by the Mahabubabad Gram Panchayat Committee and also the recommendation of the Divisional Panchayat Officer, Mahabubabad as illegal, arbitrary, null and void, and consequently direct the respondents to upgrade the Mahabubabad Major Gram Panchayat as Grade-I Municipality, and pass such other suitable orders.

(2.) Sri Mittakola Venkata Rama Rao, learned Counsel representing the petitioner, had taken this Court through the criteria, which are to be satisfied for the purpose of upgrading, and would submit that the petitioner Gram Panchayat satisfies all the requirements. Despite the resolutions made, for the reasons best known, the Gram Panchayat in question is not being upgraded. Learned Counsel also would submit in a way the Mahabubabad Gram Panchayat is not being upgraded though certain other Gram Panchayats like Pulivendula, Armoor and Manuguru, etc., such cases were considered and upgraded, and though Mahabubabad Gram Panchayat satisfies all the criteria in a better way when compared to the said Gram Panchayats, the same is being discriminated. Hence, the learned Counsel would maintain that suitable direction be issued in this regard.

(3.) The learned Assistant Government Pleader for Panchayat Raj, on the contrary, would contend that it is for the Government to take a decision in this regard and no writ, as prayed for, can be issued in the facts and circumstances of the case.