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1988 Supreme(SC) 461

SUPREME COURT OF INDIA
A.P. SEN AND B.C. RAY, JJ.
J.R. Raghupathy etc. Appellants
Versus
State of A.P. and others, Respondents.
Civil Appeals Nos. 1979-85 and 1987-89 of 1986 Spl. Leave Petn. No. 12553 of 1986 Civil Appeals Nos. 3710-15 of 1986 D/- 28-7-1988.
WITH
K. Malliah, Petitioner
Versus
S. Bal Reddy and others, Respondents.
AND
M. Pampapathaiah, Appellant
Versus
State of A.P., and others, Respondents.

Advocates:
A.S.NAMBIYAR, A.SUBBA RAO, B.Kanta Rao, B.RAJESHVAR RAO, C.S.VAIDYANATHAN, G.N.Rao, JITENDRA SHARMA, P.P.SARATHI, R.N.KESHWANI, S.MUDIGONDA, S.R.Setia, SITHARAMAIAH, T.C.GUPTA, T.V.S.N.Chari, VIMAL DAVE, VRINDA GROVER

Headnote:INTERFERENCE BY HIGH COURT ON BREACH OF GUIDELINES AND ADMINISTRATIVE INSTRUCTIONS NOT WARRANTED - Executive powers of state and union are much wider than prerogative powers in england - INTERFERENCE BY HIGH COURT ON BREACH OF GUIDE LINES AND ADMINISTRATIVE INSTRUCTIONS NOT WARRANTED - ADMINISTRATIVE INSTRUCTIONS.

Judgment

SEN, J.:- These appeals by special leave and the connected special leave petitions directed against the various judgments and orders of the Andhra Pradesh High Court involve a question of principle, and relate to location of Mandal Headquarters in the State of Andhra Pradesh under S. 3(5) of the Andhra Pradesh Districts (Formation) Act, 1974. The main issue involved is whether location of Mandal Headquarters was a purely governmental function and therefore not amenable to the writ jurisdiction of the High Court under Art. 226 of the Constitution. In the present cases we are concerned with the location of 12 Revenue Mandal Headquarters.

2. The avowed object and purpose of the Andhra Pradesh Districts (Formation) Act, 1974, as amended by the Andhra Pradesh Districts (Formation) Amendment Act, 1985 as reflected in the long title, was to bring about a change in the Revenue Administration with a view to bring the administration nearer to the people and to make all public services easily available to them. The change in the Revenue Administration was so achieved by the creation of Revenue Mandals in place of taluks and firkas. The purpose of the legislation is brought out in the Statement of Objects and Reasons, a relevant portion whereof is as under :

"On a careful review of the socio-economic development of the State for the last 20 years the State Government felt it necessary to take the administration nearer to the people. It was of the opinion that the only method to he adopted by the Government for a better Revenue Administration and to serve the interests of the people in a more effective and suitable manner was by formation of the Mandals in place of taluks and firkas. It was of the view that a decentralisation of administration and reduction in its levels would be conducive to a more efficient implementation of administration which brings the involvement of the people, particularly in the implementation of several welfare measures of the Government, and especially to uplift the conditions of the weaker sections of the society. It also felt that there was urgent necessity to review its activities and services and welfare programmes and that they should be extended to the interior regions and that the creation of Mandals with a population ranging from 35,000 to 55,000 based upon density of population would be an effective method for providing better facilities to the people at lesser cost and greater convenience. The avowed object was therefore to bring the administration nearer to the people and to make all public services easily available to them. This was achieved by the creation of Revenue Mandals in place of taluks and firkas."

3. To implement the decision of the Government, on 11th January, 1984 the Governor of Andhra Pradesh accordingly, promulgated Ordinance No. 22 of 1984. This Ordinance was later replaced by Ordinance No. 5 of 1985 inasmuch as the earlier Ordinances could not be reintroduced due to dissolution of the Legislative Assembly. The Ordinance was later replaced by Act No. 14 of 1985. The change in administration was brought about by amending S. 3 of the Act by introducing the word mandals in place of taluks and firkas. Pursuant to their powers under sub-s. (1) of S. 3 of the Andhra Pradesh Districts (Formation) Act, as amended by Act 14 of 1985, the State Government, by notification published in the official gazette, after following the procedure laid down in sub-s. (5) thereof divided the State for the purpose of revenue administration into 23 Revenue Districts with such limits as specified therein. Each such district consisted of Revenue Divisions and each Revenue Division, consisted of Revenue Mandals. The 23 districts now comprise of 1104 Revenue mandals.

4. As many as 124 petitions under Art. 226 of the Constitution were filed in the High Court by individuals and gram panchayats questioning the legality and propriety of the formation of certain Revenue Mandals, and particularly location of Mandal





























































































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