BHATTIPROLU GRAM PANCHAYAT & OTHERS Vs. THE DISTRICT COLLECTOR (PANCHAYAT WING) GUNTUR, GUNTUR DISTRICT & OTHERS

JUDGEMENT

(1.) The question referred to this Bench is whether the provisions contained in Sections 104, 105 and 106 of the A.P. Panchayat Raj Act, 1994, have an overriding effect on the provisions of A.P. (Agricultural Produce and Livestock) Markets Act, 1966, irrespective of non obstante clause contained in Section 30 thereof in view of the provisions of Article 243 -G of the Constitution of India?.

(2.) The question was referred by the Division Bench presided over by the then Chief Justice in Writ Appeal No.1323 of 2003 vide order dated 18.08.2003.

(3.) The appellants writ petition was dismissed by learned single Judge, placing reliance upon the judgments of two Division Benches of this Court in Agricultural Market Committee, Shankerpally v. Gram Panchayat, Shankerpally, R.R. District and another and unreported judgment in W.P.No.16733 of 1985, in Agricultural Market Committee, Anantapur, v. Gram Panchayat, Samarladoddi decided on 26.09.2001. Learned counsel for the appellant, in support, had, however, placed reliance upon another judgment of this Court in Velpur Gram Panchayat v. Assistant Director of Marketing, Samaladoddi. Reliance on this judgment was, however, turned down on the ground that against the said decision, appeal was carried before the Division Bench, which by its order dated 27.09.2001 passed in W.A.No.1211 of 1997 (in Assistant Director of Marketing, Guntur v. Velpur Gram Panchayat, Samaladoddi) set aside the same by placing reliance upon the decision dated 26.09.2001 in W.P.No.16733 of 1985. The submission of the learned counsel for the appellant was that without adverting to the reasons, which learned single Judge had assigned in decision rendered in Velpur Gram Panchayat (supra), the Division Bench proceeded to dispose of the appeal arising out of the said decision by placing reliance upon its decision in W.P.No.16733 of 1985. It was contended that A.P. Panchayat Raj Act, 1994, (for short P.R. Act) was enacted pursuant to the powers conferred under Article 243 -G of Constitution of India and will have an overriding effect on the provisions of the A.P. (Agricultural Produce and Livestock) Markets Act, 1966 (for short Markets Act) and since there is a specific provision contained in Section 104 read with 105 of the P.R. Act authorizing/enabling the Gram Panchayat to levy fee as mentioned in Section 104, the said provision must give way to the provisions contained in Markets Act.