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1986 Supreme(AP) 57
Andhra Pradesh High Court
The Cram Panchayat, Chinna Madur - Appellant
Versus
Government Of A.P. represented by its Secretary, Revenue (U) department - Respondent
Decided On : 01-28-86
Guidelines issued by the State Government for the formation of mandals are binding on the authorities.
Headnote:
ANDHRA PRADESH DISTRICT (FORMATION) ACT, 1974 - SEC. 2, 3, 4 - RULES 2, 3, 4, 5, 6 - FORMATION OF MANDALS - SELECTION OF HEADQUARTERS - GUIDELINES ISSUED BY STATE GOVERNMENT - BINDING NATURE - VARIATION BETWEEN PRELIMINARY AND FINAL NOTIFICATION - CHANDUR PRINCIPLE.
Fact of the Case:
A writ petition was filed challenging the formation of Devaruppula Mandal under the Andhra Pradesh District (Formation) Act of 1974. The petitioners contended that the selection of Devaruppula as the headquarters of the mandal was arbitrary and mala fide, and that the authorities failed to follow the prescribed procedure and guidelines.
Finding of the Court:
The court held that the guidelines issued by the State Government for the formation of mandals were binding on the authorities. However, the court also held that the publication of a second preliminary notification was not mandatory, and that the authorities were justified in selecting Devaruppula as the headquarters of the mandal based on its comparative merits and facilities.
Issues: 1. Whether the guidelines issued by the State Government for the formation of mandals were binding on the authorities. 2. Whether the publication of a second preliminary notification was mandatory. 3. Whether the authorities were justified in selecting Devaruppula as the headquarters of the mandal based on its comparative merits and facilities.
Ratio Decidendi: 1. The court held that the guidelines issued by the State Government for the formation of mandals were binding on the authorities, as they were issued for obtaining statistics and not merely for administrative convenience. 2. The court held that the publication of a second preliminary notification was not mandatory, as the rules only contemplated suggestions and objections to the preliminary notification. 3. The court held that the authorities were justified in selecting Devaruppula as the headquarters of the mandal based on its comparative merits and facilities, as they had considered the accessibility of the village in all seasons and other relevant factors.
Final Decision: The writ petition was dismissed.
( 1 ) IN this writ petition ten gram Panchayats and an individual are petitioners and they seek to quash formation of Devaruppula Mandal under the Andhra pradesh District (Formation) Act of 1974 ( the Act ). The. preliminary notification for Devaruppula Mandal was first published consisting of sixteen Gram Panchayats. The population of Mandal was shown 30,000/ -. Chinna Madur village with a population of 4,835/- was shown headquarters of mandal. The village was having a high school, a bank, sub-post office, B. C. hostel, family Planning Centre and accessible by roads to other villages. The preliminary notification invited objections and suggestions. More than 3/4 population and 2/3 gram Panchayats, it is averred, supported the selection of headquarters. as shown in the preliminary notification.
( 2 ) THE Revenue Authorities, however, in final notification declared Devaruppula village as headquarters of the Mandal. Aggrieved by the final notification, the eleven petitioners filed the above writ petition to quash the same.
( 3 ) THE Assistant secretary to Government in the counter stated after the preliminary notification suggestions and objections were received till November 15, 1984 and objections were inquired. The record shows Devaruppula has 5,371 population and has facilities alike with reference to communication, transport, veterninary hospital, banks and schools. Devaruppala and Chinna Madur secured 15 marks each. The former was preferred as the latter village is inaccessible in some seasons for that village is divided by two rivers from rest of the villages. Devaruppala besides is located on Hyderabad-Suryapet highway, which was considered a factor in its favour.
( 4 ) BEFORE the issues arising in the case are stated, a brief survey of the statute, statutory rules and guidelines is necessary, as they would indicate how mandals are formed and headquarters are selected. Sec. 2 of Act 7 of 1974 define certain words and expressions. Sec. 3 empowers the Government to divide the State in districts, sub-division and Mandals. By act 14 of 1985 Firkas and Taluks were abolished. The Government can increase, diminish or alter boundaries of districts or mandal in the interests of better administration. Sec. 4 enables the Government to frame rules. In April 16, 1984 rules were promulgated. Rule 2 again defines certain words. Rule 3 ennumerates of heads when districts and mandals are formed: the views of the Collectors of districts are to be obtained. The population, the demand under land revenue, historical association, geographical contiguity, physical features, common interests, cultural and educational requirements, infrastructural facilities, economic progress of the area, welfare measures undertaken, administrative conveniences are to be considered. After objections or suggestions are received, an enquiry is to be held. Thus preliminary notification is published. (Rule 4 ). After inquiry, under Rule 5 final notification is published. This is the brief survey of act 7 of 1974 and rules published on April 16, 1984.
( 5 ) THE State Government for formation of mandals issued guidelines on July 25, 1985 in G. O. Rt. No. 1018 in that population of a mandal is prescribed 35,000 to 55,000. Generally headquarters of Municipalities, corporations and taluks may be chosen as headquarters. In urban areas the population of the mandal, is to be fixed keeping the population density in view. In the rural mandals the population criteria is precribed: density of population approximate population for the mandal 301 and above per Sq. K. M. 55,000 201 -- 300 45,000 below 200 35,000
( 6 ) TEN items are enumerated and marks are to be coded in guideline 6: (1) Bank facility, (2) Gommunication facility, either railway Station or Bus Stand, (3) Primary health Center or sub-center or any dispensary or Indian Medicine, (4) Veterninary dispensary, (5) Police Station, (6) Post-Office or Telegraph Office, (7) High School, (8) Market yard, agricul
