An order passed under S. 62 of the Andhra Pradesh Panchayat Samithis and Zilla Parishads Act, 1959 (Act No. XXXV of 1959) cannot be reviewed under S. 72 of the Act.

Headnote:
PANCHAYAT SAMITHIS AND ZILLA PARISHADS ACT - S. 72 - REVIEW OF ORDER - CONDITIONS PRECEDENT - MISTAKE OF FACT OR LAW OR IGNORANCE OF MATERIAL FACT - ORDER PASSED UNDER S. 62 - CANNOT BE REVIEWED UNDER S. 72 - ORDER PASSED WITHOUT NOTICE TO PARTY PREJUDICIALLY AFFECTED - INVALID.
Fact of the Case:

The Government of Andhra Pradesh passed an order under S. 72 of the Andhra Pradesh Panchayat Samithis and Zilla Parishads Act, 1959 (Act No. XXXV of 1959), reviewing its earlier order passed under S. 62 of the Act. The earlier order had cancelled a resolution of the Panchayat Samithi for shifting a Primary Health Centre from Dharmajigudem to Lingapalem. The Government's order was challenged by the appellant, who was the President of the Dharmajigudem Panchayat, on the grounds that (i) the order was made under S. 72 of the Act and not under S. 62, and therefore, the Government had no jurisdiction to review the earlier order; (ii) the order was invalid as it was made without giving an opportunity to the appellant to make a representation; and (iii) the order was based on a mistake of fact.
Finding of the Court:

The Court held that the Government's order was invalid on the following grounds: * The order was made under S. 62 of the Act and not under S. 72, and therefore, the Government had no jurisdiction to review the earlier order. * The order was invalid as it was made without giving an opportunity to the appellant to make a representation. * The order was based on a mistake of fact.
Issues: 1. Whether the Government had jurisdiction to review its earlier order under S. 72 of the Act? 2. Whether the order was invalid as it was made without giving an opportunity to the appellant to make a representation? 3. Whether the order was based on a mistake of fact?
Ratio Decidendi: 1. The Court held that the Government had no jurisdiction to review its earlier order under S. 72 of the Act because the earlier order was made under S. 62 of the Act. Section 72(3) of the Act only empowers the Government to review an order made under S. 72(1), and not an order made under S. 62. 2. The Court held that the order was invalid as it was made without giving an opportunity to the appellant to make a representation. The proviso to S. 72(1) of the Act requires the Government to give an opportunity to the party prejudicially affected by the order to make a representation before passing the order. 3. The Court held that the order was based on a mistake of fact. The Government had passed the earlier order on the mistaken belief that the Primary Health Centre was permanently located at Dharmajigudem. However, the Court found that the Primary Health Centre was not permanently located at Dharmajigudem and that the Panchayat Samithi had validly resolved to shift the Centre to Lingapalem.
Final Decision: The Court dismissed the appeal, but without costs.

Judgement

SUBBA RAO, J.: This is an appeal by special leave against the judgment of a Division Bench of the Andhra Pradesh High Court in a Letters Patent appeal confirming that of a single Judge of that Court dismissing a petition file by the appellant under Article 226 of the Constitution for issuing a writ of certiorari quashing the order of the Government of Andhra Pradesh dated April 18, 1963, under S. 72 of the Andhra Pradesh Panchayat Samithis and Zilla Parishads Act, 1959 (Act No. XXXV of 1959), hereinafter called the Act.

2. At the outset it will be convenient to survey the facts leading up to this appeal in their chronological order. For the promotion of rural welfare, the Government of Andhra Pradesh initiated Community Development Programme in the said State. Pursuant to that Programme, each district in the State was divided into Blocks, called Community Development Blocks. Chintalapudi Taluk in the West Godavari District was one of such Blocks. A Block Planning and Development Committee was appointed for each Block and a District Planning and Development Committee for each district. All this was done by the Government by issuing administrative directions; indeed, the said Committees were only advisory bodies and the ultimate power vested in the Government. One of the activities of the said Committees was to constitute Primary Health Centres in each district. On March 22, 1957, the Government of Andhra Pradesh issued a notification laying down broad principles for guidance in the selection of places for the location of Primary Health Centres. One of the said principles relevant to the present enquiry may be noticed at this stage and that is, the village selected for locating such Centre was expected to give 2 acres of site free and 50 per cent cash contribution which would not be less than Rs. 10,000. On April 8, 1958, the Block Planning and Development Committee, Chintalapudi, resolved unanimously, modifying its earlier resolution, to have the Primary Health Centre at Dharmajigudem village, as there were High Schools and education facilities there. On November 7, 1958, the Collector of the District formally inaugurated the Primary Health Centre at Dharmajigudem. On July 11, 1959, the said Committee passed two resolutions, among others. Under resolution 3 it recorded with appreciation the donation of 50 cents. of land by Achyutharamaiah, the Bock Committee Member, towards site for the Primary Health Centre to be located at Dharmajigudem and appealed to the members of the Block Committee to see to the remittance of the cash contribution of Rs. 10,000 immediately. Presumably because that something happened at the meeting immediately after the said resolution was passed indicating that there would be no response in that direction another resolution was passed by the said Committee recording that, as the villagers of Dharmajigudem had failed to pay the said contribution for the last 8 months, the Primary Health Centre located in that place be shifted to and established permanently at any other suitable village where land and cash contributions were forthcoming. On July 13, 1959, i. e., 2 days after the aforesaid resolution, the Block Development Officer wrote a letter to the appellant, who was the President of the village panchayat, informing him that he had not taken any steps for the realization of the contribution so far and that if the required contribution was not realized before the end of the month steps would be taken to shift the Primary Health Centre to some other place. It may be noticed at this stage that the Block Development Officer, who had to implement the resolution of the Committee, had outstepped his powers in writing a letter in derogation of the terms of the resolution of the Committee dated July 11, 1959. On July 16, 1959, the appellant and others of Dharmajigudem informed the Block Development Officer that it was not possible for them to collect the amount and that there was no objection to the shif

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1965 Supreme(SC) 247

An order passed under S. 62 of the Andhra Pradesh Panchayat Samithis and Zilla Parishads Act, 1959 (Act No. XXXV of 1959) cannot be reviewed under S. 72 of the Act.

Cases Referred (1)