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Andhra Pradesh High Court
Judges : B.S.REDDY
Puttur Gram Panchayat Puttur, Chittoor district - Appellant
Versus
Government Of A.P. - Respondent
Decided On : 09-09-05
Constitution of India – Article 226 – Andhra pradesh Panchayat Raj Act, 1994 – Sections 2, 3, 246 – Upgradation of Grampanchayath to Municipality – Assailed – Puttur Gram Panchayat is the petitioner and it is represented by its Sarpanch. Conversion of Puttur Grampanchayath into Municipality is assailed in the writ petition – Consequently, cancellation of resolutions passed by the Grampanchayath opposing the upgradation of Grampanchayath to Municipality are also assailed in the writ petition – Held, Court is of the considered opinion that the Government rightly first declared the area covered under the erstwhile Grampanchayats as smaller urban area with immediate effect – Once such a notification is issued, the Municipalities would be deemed to have been constituted under section 3 of the Act – With regard to the next submission that the explanation submitted by the Grampanchayat has not been considered extensively, Court do not see any substance in his contention for the reason that the functions discharged by the government with regard to conversion of grampanchayat into the Municipality are administrative and are not quasi judicial and therefore authorities are not expected to give detailed reasons – A feeble argument has been advanced that grade of the Puttur municipality has not been notified and therefore, the notification impugned in the writ petition is bad. Section 2 (22) of the act defines Municipalities and it reads as follows:"municipality means Municipality of such grade as declared by the Government from time to time by notification in Andhra pradesh Gazette on the basis of its income and such other criteria as may be prescribed". – Question of grading the municipality arises after constitution of the municipality and not simultaneously – Writ Petition Dismissed
( 2 ) THE Collector and District Magistrate-3rd respondent sent proposals regarding upgradation of Putur and surrounding eight Grampanchayats namely 1) Cherlopalli 2) Chinnarajukuppam 3) Radhapalem 4) Veerappareddipalem (Bathalavari Kandriga) 5) Namdimangalam and 6) Pillaripattu 7) Thimmapuram of Puttur Mandal and 8) Kondalcheruvu of Narayanavanam mandal as Puttur municipality. He also furnished a brief gist of area, population, density, economic importance and other factors to substantiate the proposals for conversation of the Grampanchayats as municipality. Thereupon, the Government issued Memo No. 2107/pts-IV/al/2005-1, dated 28-2-2005 to the District Panchayath officer to furnish resolutions of all the grampanchayaths for taking further action. In turn District Panchayath Officer-4th respondent requested the Divisional panchayath Officer to obtain the resolutions of the said Grampanchayaths. A Gram sabha was conducted in Putur grampanchayath on 13-3-2005. The proposals for conversion of Grampanchayath to Municipality was opposed by the Grama sabha. Thereafter, Puttur Grampanchayat passed a resolution on 14-3-2005 opposing conversion of the Grampanchayat to municipality. Of the nine Grampanchayaths which are proposed to be upgraded as Putur municipality, three Grampanchayats namely puttur, Veerappareddipalem and kondalcheruvu opposed the proposals and passed resolutions to that effect. The government of Andhra Pradesh, Panchayath raj and Rural Development (Pts. IV) department-1st respondent issued show-cause notices to the three Grampanchats as to why the resolutions passed by them cannot be cancelled. Putur Grampanchayat submitted explanation to the show-cause notice. The Government after considering the explanation and the material placed on record cancelled the resolutions passed by Putur grampanchayat and Veerappareddipalem grampanchayats in exercise of power conferred under Section 246 (1) of the Andhra pradesh Panchayat Raj Act, 1994 (Act 13 of 1994) and issued G. O. Ms. No. 229 dated 23-6-2005 de-notifying Puttur Grampanchayat and the surrounding Grampanchayats in exercise of the powers conferred under Clause-1 of sub-section (2) of Section 3 of Andhra pradesh Panchayat Raj Act, 1994 (Act 13 of 1994 ). Thereafter G. O. 610 dated 24-6-2005 came to be issued notifying the areas covered under the area of Putur Grampanchayat cheriopalli Grampanchayat, Chinnarajukuppam grampanchayat, Rachapalem Grampanchayat, veerappareddipalem Grampanchayat, nadimangalam Grampanchayat, Pillaripattu grampanchayat and Thimmapuram grampanchayat of Chittoor District as smaller urban area. Thereby Putur municipality is deemed to have been constituted under sub-section (1) of Section 3 of the Act. Assailing the conversion of puttur Grampanchayat to Municipality, the instant writ petition has been filed by invoking the jurisdiction of this Court under article 226 of the Constitution of India.
( 3 ) SARPANCH of the Grampanchayat is sworn to the writ affidavit. It is stated in the writ affidavit that the proposals for conversion of Putur Grampanchayat to municipality have been submitted at the instance of MLA of Puttur. It is further stated that 40% of the population of Putur grampanchayat are weavers and their livelihood is weaving, and not textile as stated by the Collector-District Magistrate. Because of severe drought situation in and around puttur Mandal for the last four years, the agricultural activities in the Grampanchayat have come to a grinding halt and therefore, the agriculturists migrated to Puttur village and eking out there livelihood by manual labour. In nutshell, cancellation of the resolutio
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