S SUBBARAYUDU Vs. DISTRICT COLLECTOR NELLORE

JUDGEMENT

(1.) This writ appeal is filed against the order of our learned brother Gangadhara Rao, J. rendered in W.P.M.P. No. 3798 of 1976 granting the request of the petitioner therein to be added as the 6th respondent in the writ petition 2101 of 1976. The appellant therein is the petitioner in the said writ petition.

(2.) In order to give an effective disposal to this appeal, it is necessary to notice briefly how and why the writ petition has been filed and the 6th respondent in the writ petition has applied to be added as a party to it. We will refer to the parties in this judgment of ours according to their array in the writ petition was, for a writ of mandamus directing the respondents not to construct the maternity sub centre of the Primary Health Centre of Narrawada, Udayagiri Taluk Nellore District in any place other than Survey No. 194/1 of Ramapuram Revenue Village. Originally there were five respondents viz. the District Collector, Nellore; The District Medical and Health Officer; The State of Andhra Pradesh; Shri G. Kondapa Naidu, M. L. A. and the Executive Engineer, Roads & Buildings, Nellore. It is also averred in the writ petition and Vinjamur Panchayat Samithi decided to locate the Maternity sub-centre in Survey No. 194/1 of Ramapuram village in Udayagiri taluk of Nellore District from the year 1968 onwards. This is a sub-centre with a primary health centre at Narrawada and is being maintained from out of the funds of Vinjamuru Panchayat Samithi. The Government of Andhra Pradesh sanctioned the construction of a building for the sub-centre. A request was made by the District Medical and Health Officer for assignment of 3,500 sq. ft. of Government land in Survey No. 194/1 of Ramapuram village for this purpose. The District Collector addressed a communication to the Revenue Divisional Officer, Kavali to send transfer proposals for this required area. When these proceedings are taking place, the 4th respondent, who was the sitting member of the State Legislature and who was the Ex-president of Vinjamuru Panchayat actuated by extraneous circumstances, made a representation to the District Collector and to the District Medical and Health Officer, that the maternity sub-centre be shifted out of Survey No. 194/1. After inspecting the site a report was made by the Additional District Medical and Health Officer recommending that the whole extent of Survey No. 194/1 may be assigned for the purpose. However the District Collector later directed construction of the sub-centre on a private site. The said survey No. 194/1 is situated in Kokolluvaripalli hamlet, whereas the new site is located in Ramapuram the main village. The District Collector directed construction of the maternity sub-centre in this new place in the main village of Ramapuram. He gave a contract to one G. Lakshmaiah on 28-4-1976 but later cancelled it and entrusted the word to one Chennakesavulu. The construction of the Maternity sub-centre in any place other than in Survey No. 194/1 is not only illegal and contrary to the provisions of Andhra Pradesh Panchayat Samithi and Zilla Parishads Act, but it is also against the Government directions and earlier reports and is direct result of the interference of the member of the legislature. The question of locating the maternity sub-centre at a particular place is within the exclusive power of the Panchayat Samithi and the Collector has no concern. Further when once it has been decided to locate the sub-centre at Survey No. 194/1 there is no reason, excepting the ground of mala fides, to shift it from that survey number. It is on the basis of those averments a writ of mandamus as stated at the threshold of this judgment, is sought for. This wit petition has been admitted and is pending disposal.

(3.) In July, 1976 the 6th respondent filed W. P. M. P. No. 3798 of 1976 for adding him as a party. Incidentally he has also sought for vacating the stay granted earlier at the instance of the Writ Petitioner. In the affidavit, which the 6th respondent has filed in support of his application, he alleged that he is the President of Ramapuram Ryot Sangham which is a registered society. He presented a petition before the District Collector on behalf of himself and the ryots of Ramapuram village requesting the construction of the sub-centre building in Ramapuram village, as it would serve the interests of the public better than if it is located in the hamlet of Kakolluvaripalli. Kakolluvaripalli itself is a hamlet situated in Ramapuram village Panchayat. The Government granted sanction for construction of a building for sub-centre at Ramapuram. He disputes the allegation that the Vinjamuru Panchayat Samithi has decided to locate the Maternity centre is Survey No. 194/1. A lady in the main village Ramapuram has donated a site of 12 cents in Survey No. 154, which is on the main-road of Badwal to Kanigiri accessible to all the villages nearby. The site was registered in favour of the District Medical Officer. He further challenges the allegation that there was an earlier decision to locate the sub-centre at Kakolluvaripalli and it was later altered to be shifted to Ramapuram, the main village itself. The Government took the decision to locate it in the main village Ramapuram on 10-10-1975.