Andhra Pradesh High Court
Judges : S.B.SINHA, S.R.NAYAK
Nakka Siddaiah - Appellant
Versus
State OF A.P., rep.by Dist.Collector and Special Officer.Zilla Parishad.Chitoor - Respondent
Decided On : 02-14-01
Andhra Pradesh Panchayat Raj act 1994 – Sections 186 and 187 – Allotment of Land - Impugned order reads thus Superintending Engineer panchayat his reference No - 1 has requested to allot cents of land out of land allotted for construction of Junior college Buildings from out of land of Z - P - High School for construction of Mandal parishad Office - - As per this Office proceedings cited above orders were issued allotting ac cents of land out cents of land under use of gurramkonda - High School for construction of Junior college Buildings - Therefore as per above considering request of Supreintending engineer Panchayat Raj as orders are hereby issued allotting cents for construction of Mandal parishad Building from out cents allotted for construction of Junior college Buildings - Orders issued as per note prders of District collector and Special Officer - purpose of such grants is besides education community utility and development activities - It is not in dispute that a school building has been constructed on said land and now a Junior College is also deing run - By reason of impugned order as noticed hereinbefore Chief Executive officer purports to have allotted of land for construction of Buildings -Held Chief Executive Officer was appointed for purpose of carrying out provisions of Act - He is bound to act within four corners of statute being a statutory authority - In terms of sub-section of Act he is merely responsible for implementing resolutions and of Standing Committee - He cannot usurp power of Standing Committee and take a decision himself - Such a power is not countenanced under Act - Any action taken by a statutory authority de hors statute would be ultra vires - Furthermore it is now a well-settled principle of law that a statutory authority cannot pass any order on dictation of a higher authority who has no role to play under statute - Reference in this connection may be made to Commissioner - Petition is Allowed.
( 1 ) IN this writ application an order dated 12-5-2000 passed by the Chief Executive officer, Chittoor Zilla Parishad, is in question. The impugned order reads thus:"the Superintending Engineer, panchayat Raj, Cuddapah in his reference No. 1 has requested to allot ac. 0. 50 cents of land out of the land allotted for construction of Junior college Buildings from out of the land of Gurramkonda Z. P. High School for construction of Gurramkonda Mandal parishad Office. . As per this Office proceedings cited above, orders were issued allotting ac. 1. 44 cents of land out of Ac. 4. 44 cents of land under the use of gurramkonda Z. P. High School, for construction of Gurramkonda Junior college Buildings. Therefore, as per above, considering the request of the Supreintending engineer, Panchayat Raj as per reference No. 1 orders are hereby issued allotting Ac. 0. 44 cents for construction of Gurramkonda Mandal parishad Building, from out of the site of Ac. 1. 44 cents allotted for construction of Gurramkonda Junior college Buildings. Orders issued as per the note prders dated 24-4-2000 of the District collector and Special Officer, Zilla parishad, Chittoor. "
( 2 ) THE sole question raised in this application is as to whether the said order could be passed by the Chief Executive officer of the Zilla Parishad.
( 3 ) IT is not in dispute that a Deed of Gift was executed by the father of the petitioners in respect of Ac. 4. 44 cents in S. Nos. 118,120 and 121 of Gurramkonda Village for construction of High School Building. The purpose of such grants is besides education, community utility and development activities. It is not in dispute that a school building has been constructed on the said land and now a Junior College is also deing run. By reason of the impugned order, as noticed hereinbefore, the Chief Executive officer purports to have allotted Ac. 0,44 cents of land for construction of gurramkonda Mandal Parishad Buildings.
( 4 ) IN this writ petition, it is not necessary for this Court t to consider the larger question viz. , whether construction of a building for the aforementioned purpose would be in consonance with the objective of grant or not, as the writ petition can be disposed of on another ground.
( 5 ) THE Andhra Pradesh Panchayat Raj act, 1994, (hereinafter referred to as the act for the sake of brevity) was enacted to provide for the constitution of Gram panchayats, Mandal Parishads and Zilla parishads and for matters connected therewith or incidental thereto. Section 186 of the Act provides for appointment of chief Executive Officer and his powers and functions. Clause (d) of sub-section (4) of section 186 of the Act states that subject to the provisions of the Act, and the rules made thereunder, the Chief Executive officer shall be responsible for implementing the resolutions of the Zilla parishad and of the Standing Committees thereof. Clause (iv) of sub-section (1) of section 187 of the Act provides for constitution of a Standing Committee for education and Medical Services. In terms of section 188 of the Act, the District Collector is only one of the permanent invitees to zilla Parishad. No provision has been pointed out to us for showing that the Chief executive Officer or for that matter the district Collector can allot the land belonging to the Zilla Parishad for any purpose whatsoever.
( 6 ) THE Chief Executive Officer was appointed for the purpose of carrying out the provisions of the Act. He is bound to act within the four corners of the statute, being a statutory authority. In terms of Clause (d) of sub-section (4) of Section 186 of the Act he is merely responsible for implementing the resolutions of the Zilla Parishad and of the Standing Committee; He cannot usurp the power of the Standing Committee and take a decision himself. Such a power is not countenanced under the Act. Any action taken by a statutory authority de hors the statute would be ultra vires. Furthermore, it is now a well-set
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