SUPREME COURT OF INDIA
J. R. RAGHUPATHY
VERSUS
State of Andhara Pradesh
DECIDED ON: July 28, 1988
Andhra Pradesh Districts (Formation) Act, 1974 - Special Leave Petitions - Change in Revenue Administration - Whether location of Mandal Headquarters was a purely governmental function and therefore not amenable to writ jurisdiction of High Court In present cases we are concerned with location of 12 Revenue Mandal Headquarters - Administration nearer to people and to make all public services easily available to them - Change in Revenue Administration was so achieved by creation of Revenue Mandals in place of taluks and firkas - Purpose of legislation is brought out in the Statement of Objects and Reasons, a relevant portion whereof is as under :"on a careful review of socio-economic development of State for the last 20 years the State Government felt it necessary to take the administration nearer to people – Held, Judgment of High Court in some of cases where it has interfered with location of Mandal Headquarters and quashed impugned notifications on ground that Government acted in breach of guidelines in that one place or the other was more centrally located or that location at other place would promote general public convenience, or that headquarters should be fixed at a particular place with a view to develop area surrounded by it - Location of headquarters by Government by issue of final notification under sub-s. (5) of S. 3 of Act was on a consideration by Cabinet Sub-Committee of proposals submitted by Collectors concerned and objections and suggestions received from local authorities like the gram panchayats and the general public. Even assuming that Government while accepting recommendations of Cabinet Sub-Committee directed that Mandal Headquarters should be at place x rather than place y as recommended by Collector concerned in a particular case, High Court would not have issued a writ in nature of mandamus to enforce guidelines which were nothing more than administrative instructions not having any statutory force, which did not give rise to any legal right in favour of writ petitioners - Petition dismissed
JUDGMENT
A. P. SEN, J.
( 1 ) 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 11/01/1984 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 locat
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