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1997 Supreme(AP) 293

D.H.NASIR
Gram Panchayat, Kota – Appellant
Versus
A. P. S. R. T. C. , Nellore – Respondent


D. H. NASIR, J.

( 1 ) THE writ petitioner is a Gram panchayat of Kota, Nellore District represented by its Executive Officer. The writ petition is filed against the Andhra Pradesh state Road Transport Corporation (for short the Corporation) seeking to restrain them from constructing a market complex within the Bus Stand compound at Kota. Three grounds are urged by the learned Counsel for the Gram Panchayat. Firstly that section 46 of the Andhra Pradesh Panchayat raj Act, 1994, provides that the Gram panchayat may make such provision as it thinks fit for carrying out the requirements of the village in respect of the matters enumerated in Clause (i) to (xxvii ). Under clause (iii), the Gram Panchayat can undertake the work of promotion and development of preprimary education, elementary education, social and health education, cottage industries and trade. The learned Counsel was trying to impress upon the Court that in view of the above provision, the Corporation would be rendered incapable of undertaking similar work in village Kota and that it was one of the functions of the gram Panchayat to carry out such work under section 46 of the Panchayat Raj Act. I am, however, at a loss to










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