JAYACHANDRA REDDY, J.

( 1 ) THE common question that arises for consideration in the abov; writ appeal as well as the writ petition is whether the Government has power to transfer educational institutions like the elementary schools which were hitherto under the administrative control of the Panchayat samithis, to the newly constituted Municipal councils in respect of local areas. The question as such has arisen under the following circumstances.

( 2 ) TANUKU which was h itherto a panchayat and a part of Peravalli Panchayat samithi was constituted into a Municipality after following the due procedure in the year 1979. 14 primary schools were existing in Tanuku and these schools were being administered managed and run by the Panchayat Samithi. After Tanuku was constituted intoa Municipality, the Government by G O Rt. No. 1354 Education (I) dated 28-10-1983 transferred all those elementary schools which were under the panchayat Samithi to the control of the newly constituted Tanuku Municipality together with all their assets. Questioning the above G O the Peravalli Panchayat samithi represented by its President filed writ Petition No. 10263/1983 and a learned single Judge dismissed the same by an order dt. 4-11-1985. As against the said order of the learned single Judge Writ appeal No. 1161/1985 is filed.

( 3 ) SIMILARLY the Government by g O Rt. No. 1284 dt. 5-8-1985 transferred some of the schools in Tanuku area which were hitherto under the administrative control of the Zilla Parishad to the newly constituted Tanuku Municipality. Questioning the above said G O Rt. No. 1284 dt. 5-8-1985 Writ Petition No. 8976/1985 is filed,

( 4 ) AS the question raised in this writ petition is similar to that of the question raised in the Writ Appeal No. 1161/85 the same were heard together.

( 5 ) IN these two cases most of the above stated facts are not in dispute. Now the question is whether the Government has power to issue the above two G Os. viz. , G O Rt No. 1354 Education (I) dated 28-10-1983 and G O Rt No. 1284 dated 5-8-19s5 transferring the schools which were under the jurisdiction of the Panchayat samithi and the Zilla Parishad to the newly constituted Tanuku Municipality.

( 6 ) THE learned single Judge relying on Section 3 (5) of the Andhra Pradesh municipalities Act held that the Government has power to transfer the schools which were hitherto in the local areas to the newly constituted Municipalities.

( 7 ) THE learned counsel appearing for the appellant as well as the petitioner in these matters submits that Tanuku which is a loca! area i. e , Tanuku Panchayat has been within the jurisdiction of another local authority viz, Peravalli Panchayat samithi and that the educational institutions which were under the control of tanuku Panchayat only could be transfered to the newly constituted Tanuku Municipality but not the other institutions which are under the control of the Panchayat samithi or the Zilla Parishad. To appreciate this submission it becomes necessary to refer to some of the important provisions which occur in the Gram Panchayat act the Andhra Pradesh Panchayat Samithis and Zilla Parishads Act 1959 and the municipalities Act. Under Section 3 of the Andhra Pradesh Gram Panchayats Act 1964 the Commissioner may by notification and in accordance with the rules made by the Government in this behalf declare any revenue village (or hamlet thereof) or any part of a revenue taluk to be a village for the purpose of this Act and specify the name of the village. As per sub-section (31) of Section 2 village means any local area which is declared to be a village under this Act. Section 3 (2) of the above Act further lays down that the Commissioner may by notification and in accordance with such rules as may be prescribed in this behalf form a new village by separation of local area from any village or by uniting two or more villages or parts of villages or by uniting any local area to a part of any village; increase the local area o

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