D CHANDRAMOWLESWARA REDDY Vs. DISTRICT COLLECTOR CUDDAPAH

JUDGEMENT

(1.) The petitioner is Chairman of Distributory Committee No.9, Adinimmayapalli, Cuddapah district. He was elected on 15-11-1997. It is submitted that three of the members i.e., respondents 4 to 6 showed their inclination for recall of the petitioner and they moved an application before the District Collector. The Collector referred the matter to the third respondent i.e.. Deputy Executive Engineer with the following reference:

(2.) The case of the petitioner is that, in terms of Section 10 of Andhra Pradesh Farmers' Management of Irrigation Systems Act, 1997 (APFM1S Act), the procedure for recall is given. Section 10 lays down:

(3.) By reading Section 10 and Rule 8 together it becomes clear that the competent authority to issue a recall notice is District Collector or an Officer nominated by him. The case of the petitioner is that the District Collector merely referred the notice given by respondents 4 to 6 to respondent No.3 but did not nominate him as an Officer in terms of Rule 8. He relies on a judgement of this Court being B. Nageswar Reddy v. District Collector, Cuddapah, 1999 (2) ALD 205 = AIR 1999 AP 184. The case of the respondents is that, there is general order passed by the Government on 24-10-1997 in terms of Section 21 of the Act by which the 3rd respondent has been appointed as an Officer responsible for implementation and execution of ail decisions taken by the Farmers' organisation, therefore he should be considered to have been nominated for the purpose of Rule 8 of the Rules. This argument was considered by this Court earlier in the judgement referred above (supra) and the Court found :