KATHI LOKAYYA Vs. GOVERNMENT OF ANDHRA PRADESH PANCHAYAT RAJ AND RURAL DEVELOPMENT PTS IV DEPARTMENT HYD

JUDGEMENT

(1.) The sole point urged in this writ petition, assailing the decision of the Government upholding the bifurcation of the Guruzala Gram Panchayat by carving out the village Jangamaheshwarapuram from it, to form it as a separate Gram Panchayat, is that the distance between the two villages, Guruzala and Jangamaheshwarapuram is only 400 metres. It is the submission of the learned Counsel Sri Ravindranalh Reddy, appearing for the petitioner, that under G.O.Ms.No.515, dated 17-8-1994 which was subsequently amended by G.O.Ms.Nos.272 and 273 dated 18-5-1995 the distance between the two villages must be 2 Kms. for the purpose of bifurcation. It is his argument that as the two villages are only 400 metres apart, there could not have been a bifurcation.

(2.) The facts are that originally to a proposal of the Collector for bifurcation of the Gram Panchayat, a unanimous resolution was passed by the Gram Panchayat opposing the bifurcation which was accepted by the Collector and an order was passed accordingly not to bifurcate. A revision was carried before the Government by Respondent No.3 in which the Government reversed the decision of the Collector by its order dated 31-5-1995 and passed orders for bifurcation. The matter was challenged before this Court in W.P. No.11012 of 1995 which was disposed of on 5-12-1995 directing the Government to re-consider the matter. The Government passed orders on 17-12-1996 holding that as the distance between the two villages is 2.6. Kms, there is no need for a re-consideration.

(3.) Counter affidavit has been filed by the State supporting the bifurcation and contending that the distance between the two villages measured from the Centre of Guruzala village where the Gram Panchayat building is situated to the Centre of Jangamaheshwarapuram village is 2.6 Kms. and therefore the decision to bifurcate, the Gram Panchayat cannot be interfered with. In the counter affidavit reliance is placed on G.O.Ms.No.515 dated 17-8-1994, under which, it is stated, the distance shall be taken from the Gram Panchayat if any, or from the central point in the village, for the purpose of bifurcation.