ETURU GRAM PANCHAYAT Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Learned Assistant Government Pleader for Panchayat Raj had taken notice on behalf of respondents 1 to 3 and Sri M.Prabhakar Rao, had taken notice on behalf of 4th respondent on 29.11.2006 and requested time to get instructions.

(2.) The matter is coming up for admission today. Eturu Gram Panchayat, the writ petitioner, filed the present writ petition praying for a writ of Mandamus declaring action of the respondents herein in conducting public auction of sand on 01.12.2006 in the lands situated in R.S.Nos.291, 292, 293 and 294 of Eturu Gram Panchayat in the name and on behalf of the Vibharithalapadu Gram Panchayat, as arbitrary, illegal, contrary to revenue records and depriving the entitlement of petitioner's share in seignorage fee as contemplated under G.O.Ms.No.255, PR & RD (Pts III) Department dated 02.8.2001, and consequently direct the respondents to conduct the public auction in the name and on behalf of the Eturu Gram Panchayat and pass such other suitable orders.

(3.) It is stated that the petitioner Gram Panchayat is a minor panchayat and R.S.Nos.291, 292, 293 and 294 are within the revenue boundaries of Eturu Gram Panchayat and they are the lands in Krishna River meant for sand quarries and belonging to Eturu Gram Panchayat. It is further stated that the total extent of said lands are Ac.330-04 in R.S.No.291, Ac.437.69 in R.S.No.292, Ac.351-55 in R.S.No.293 and an extent of land of Ac.388.82 cents in R.S.No.294. The village revenue record i.e., 10(1) adangal discloses the facts that the said lands are situated in Eturu village limits. Some extent of land, out of total land, was leased out to Harijan Field Labour Cooperative Societies for cultivation. Remaining land approximately Ac.1100 are filled with sand and the second respondent is proposed to conduct public auction on 01.12.2006 at 11-00 a.m. in the office of the first respondent by the third respondent. It is also stated that the second respondent herein is conducting public auction of sand quarry in the name and on behalf of the 4th respondent ignoring the fact that the lands in which sand is proposed to put public auction are situated within the revenue boundaries of petitioner panchayat. Having come to know of the said action, even prior to issuance of such advertisement, the petitioner vide resolution bearing No.13 dated 03.11.2006 resolved unanimously that request would be placed before the second respondent to see that the seignorage fee should be remitted to the petitioner panchayat since the lands are situated in revenue boundaries of the petitioner panchayat and a copy of the said resolution was forwarded to the second respondent and similar representation dated 18.11.2006 also had been made to respondents 1 to 3 with a request to look into the matter and do justice to the petitioner panchayat. It is also further stated that the petitioner is not aggrieved of the proposed public auction by the respondents 2 and 3, but the grievance is to conducting of public auction in the name and on behalf of the 4th respondent. Once the auction is conducted in the name of the 4th respondent, the petitioner Gram Panchayat would loose its seignorage as contemplated under G.O.Ms.No.255, PR & RD (Pts III) Department, dated 02.8.2001. In view of the said Government Order, the petitioner panchayat is entitled to 25 percent share in seignorage collected from the highest bidder. Further, it is stated that the first respondent being the District head and the second respondent being Chairman and District Level Panchayat Officer ought to have verified before conducting public auction in the name of the 4th respondent. Several factual details and several representations in this regard also had been referred to.