T GHATIKA CHALAPATHIRAJU Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) These writ petitions arise out of the establishment of a Primary Health Centre in an area within the jurisdiction of the Pichatur Panchayat Samithi. The brief facts leading up to these writ petitions may now be stated. The Samithi by its resolution dated 9th February, 1963, resolved to establish a Primary Health Centre at Pichatur. But this resolution admittedly was subject to the condition that the people of Pichatur should within a period of two months from the date of the resolution donate a sum of Rs. 10,000 and also 2 acres of land for the purpose of establishing the Primary Health Centre at Pichatur. But only a sum of Rs. 3,400 was paid by the people of Pichatur. Consequently on 87th May, 1963, a resolution was passed by the Samithi granting a further period of two months for furnishing the balance amount of Rs. 6,600 and also donating 2 acres of land. But even within this period neither the balance amount nor the land was given. Therefore on 26th August, 1963, yet another resolution was passed by the Samithi granting a further period of 45 days for payment of the balance amount and donation of the 2 acres of land. This resolution expressly stated that the people of Pichatur and the surrounding area had requested for extension of time and that it was granted, As the balance amount was not paid even within this extended period of time, another resolution dated 25th November, 1963 was passed by the Samithi extending time till 30th November, 1963 for payment. This resolution is significant in that it clearly stated that in case the amount was not paid on or before 30th November, 1963 steps will be taken to locate the Primary Health Centre at Vijayapuram. This was the unanimous resolution of the Samithi on 25th November, 1963. As the Pichatur people did not pay the balance amount on or before 30th November, 1963, a subsequent resolution dated 30th January, 1964 was passed resolving to locate the primary health centre at Vijayapuram. It appears that even on 31st December, 1963, the villagers of Vijayapuram had donated a sum of Rs. 10,000 for the purpose of the establishment of the Primary Health Centre at Vijayapuram. The amount was paid by them to the credit of the Samithi in the Puttur Government Treasury under Chalan No. 252 dated 31st December, 1963. They had also donated 2 acres of land before the resolution of soth January, 1964 was passed. In view of these circumstances, it was unanimously resolved by the Samithi on 3Oth January, 1964 to locate the Primary Health Centre at Vijayapuam. On gth April, 1964, the Government passed G.O.Ms. No. 401 stating that it accepted the proposal of the panchayat Samithi to locate the Primary Health Centre at Vijayapuram and directing the panchayat Samithi to take immediate action to do so. It also requested the Director of Medical Services and the Director of Public Health to take necessary action in the matter. W.P. No. 512 of 1965 is directed against this G.O. The prayer in it is that a writ in the nature of mandamus or any other appropriate writ or order or direction restraining the respondents from locating or continuing the Primary Health Centre of the Pichatur Panchayat Samithi at Vijayapuram be issued and the respondents be directed to establish the Primary Health Centre at Pichatur. The respondents to this writ petition are (1) the Government of Andhra Pradesh, (2) the Pichatur Panchayat Samithi, and (3) one G. Ramachandrareddy, who got himself impleaded as a party respondent. An order of interim suspension of the operation of the said G.O. was obtained by the writ petitioner. Subsequently after hearing both sides, a final order was passed in C.M.P. Nos. 3805 and 4453 of 1965 on 17th July, 1965 as follows :-

(2.) On 10th October, 1965, W.P. No. 1561 of 1965 was filed by the Pichatur Panchayat Samithi represented by its President. The respondents to this writ petition are (1) the Government of Andhra Pradesh and (2) the Block Development Officer, Pichatur Panchayat Samithi. The 3rd respondent C. Ramachandrareddy subsequently got himself impleaded as a party respondent to this writ petition. The prayer in this writ petition is that the relevant rules concerning the establishment of Primary Health Centres made by the Government in G.O. Ms. No. 114, dated 23rd January, 1961 be declared as null and void and ultra vires of the powers of the Government and an order or direction or writ in the nature of mandamus or any other appropriate writ be issued to the respondents to forbear from interfering with the statutory authority of the Pichatur Panchayat Samithi to locate the Primary Health Centre at the place of its choice and to pass such other order or orders as this Hon'ble Court may deem fit in the circumstances of the case.

(3.) One important fact which may now be mentioned is that on 19th November, 1964 the Pichatur Panchayat Samithi, by a majority, passed a resolution requesting the Government to establish a Primary Health Centre at Pichatur. This resolution did not cancel or rescind the previous unanimous resolution passed by the Panchayat Samithi on 3oth January, 1964 to locate the Primary Health centre at Vijayapuram. The main contention urged by the learned Third Government Pleader is that as matters now stand there can be no question of locating the Primary Helath Centre at any place other than Vijayapuram. This contention is based upon the circumstances that the unanimous resolution of the Samithi passed on 3oth January, 1964 stands intact even today and has therefore to be given effect to. In other words, it is argued that there is no ground for this Court to ignore or strike down the resolution dated 30th January, 1964. This being so, the learned Third Government Pleader argues, there is no point in the writ petitioner asking for a writ, order or direction to restrain the Government or the other respondents or the Pichatur Samithi from locating the Primary Health Centre at Vijayapuram much less to direct the respondents to establish the Primary Health Centre at Pichatur.