GANAPAVARAM GRAM PANCHAYAT Vs. GOVT OF A P

JUDGEMENT

(1.) SECTION 115 of the A. P. Panchayat Raj Act (for short "the Act") and the relevant Rules empower the Gram Panchayats, to provide for public parking places and cart stands, within its limits. Power is also conferred upon the Gram Panchayats to permit any person, to collect the fee; or to otherwise assign contract, in this regard, The rules, relating to public parking places and cart stands, etc, in Gram Panchayat areas (for short "the Rules"), are issued vide G. O. Ms. No. 67 dated 7. 2. 1996.

(2.) WITH a view to augment its resources, the gram Panchayat of Gaanapavaram, framed bye-laws for levy of fee on the vehicles that enter the village for the purpose of loading or unloading. The necessary resolution, in this regard, was passed on 3. 10. 2006. Objections were invited and thereafter, final resolution was passed by the Gram Panchayat on 28. 11. 2006. It was submitted to the District Panchayat Officer, for approval. Through his proceedings dated 23. 3. 2007. the District Panchayat Officer accorded approval, to the extent of levying fee on the vehicles, which are parked in the places earmarked by the Gram Panchayat. This was followed by a resolution of the Gram Panchayat dated 8. 2. 2008, and correspondence between the Gram Panchayat and the District Panchayat Officer.

(3.) W . P. No. 24399 of 2008 is filed by some industrial establishments in the village, including M/s. Dhanalaxmi Group of Industries, challenging the very levy of the fee on the vehicles.