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1982 Supreme(AP) 23
Andhra Pradesh High Court
Judges : K.MADHAVA REDDY, RAMA RAO
Godi Balakrishnaiah - Appellant
Versus
Government Of A.P.represented by its secretary.Revenue Department, secretarial Hyderabad - Respondent
Decided On : 02-11-82
The courts will not interfere with the decision-making process of the Government in forming taluks unless it is shown that the decision was taken in bad faith or was actuated by extraneous considerations.
Headnote:
DISTRICT FORMATION ACT - SECTION 3 - NOTIFICATION - MODIFICATION - MALA FIDES - POLITICAL RIVARLY - BURDEN OF PROOF - JUDICIAL REVIEW: 1. The final notification under Section 3 of the District Formation Act, 1974, which modifies the preliminary notification by adding or deleting certain villages, is not vitiated by mala fides or abuse of power merely because it deviates from the general policy of forming taluks co-terminus with Panchayat Samithi areas. 2. The burden of proving mala fides or abuse of power lies heavily on the person who alleges it. Mere political rivalry or the desire to enhance one's political prestige or influence cannot be a ground for establishing mala fides. 3. The courts will not interfere with the decision-making process of the Government in forming taluks unless it is shown that the decision was taken in bad faith or was actuated by extraneous considerations.
Fact of the Case:
The petitioners, Sarpanches of various Gram Panchayats and a Sarpanch of Vallipadu Gram Panchayat, challenged the validity of G.O. Ms. No. 1384 Revenue (U) department dated 28-11-1979 concerning the formation of Vakadu Taluk with head quarters at Vakadu, Nellore District under the provisions of the district Formation Act. They alleged that the formation of Vakadu taluk was motivated by mala fides and political rivalry, and that it deviated from the general policy of forming taluks co-terminus with Panchayat Samithi areas.
Finding of the Court:
The court held that the final notification issued under Section 3 of the District Formation Act, 1974, which modified the preliminary notification by adding or deleting certain villages, was not vitiated by mala fides or abuse of power merely because it deviated from the general policy of forming taluks co-terminus with Panchayat Samithi areas. The court further held that the burden of proving mala fides or abuse of power lies heavily on the person who alleges it, and that mere political rivalry or the desire to enhance one's political prestige or influence cannot be a ground for establishing mala fides. The court also held that the courts will not interfere with the decision-making process of the Government in forming taluks unless it is shown that the decision was taken in bad faith or was actuated by extraneous considerations.
Issues: 1. Whether the final notification issued under Section 3 of the District Formation Act, 1974, which modified the preliminary notification by adding or deleting certain villages, was vitiated by mala fides or abuse of power? 2. Whether the burden of proving mala fides or abuse of power lies heavily on the person who alleges it? 3. Whether mere political rivalry or the desire to enhance one's political prestige or influence can be a ground for establishing mala fides? 4. Whether the courts will interfere with the decision-making process of the Government in forming taluks unless it is shown that the decision was taken in bad faith or was actuated by extraneous considerations?
Ratio Decidendi: 1. The provisions of Section 3 of the District Formation Act, 1974, and Rule 5 of the A.P. District Formation Rules, 1974, envisage the modification of the preliminary notification based on objections and suggestions received from the public. Such modification is permissible as long as it does not alter the basic structure or complexion of the original proposal. 2. The burden of proving mala fides or abuse of power lies heavily on the person who alleges it. Mere political rivalry or the desire to enhance one's political prestige or influence cannot be a ground for establishing mala fides. 3. The courts will not interfere with the decision-making process of the Government in forming taluks unless it is shown that the decision was taken in bad faith or was actuated by extraneous considerations.
Final Decision: The writ petitions were dismissed with costs.
( 1 ) THE legality and validity of G. 0. Ms. No. 1384 Revenue (U) department dated 28-11-1979 concerning the formation of Vakadu Taluk with head quarters at Vakadu, Nellore District under the provisions of the district Formation Act is impugned in these two writ petitions. Writ petitions. No. 7600/1979 is at the instance of Sarpanches of various gram Panchayats in Kota Panchayat Samlthi except petitioner No. 20, who was the former Panchayat Samithi President of Kota Panchayat samithi and former Zilla Parishad Chairman, Nellore. W P No. 7601/1979 is at the instance of the Sarpanch, Vallipadu Gram Panchayat, Nellore district and also purporting to be on behalf of the villagers questioning the validity of the inclusion of Vallipedu in Vakadu Taluk with head quarters at Vakadu. It is stated in W P No. 7600/1979 that the Government published a preliminary notification dated 26th October, 1979 with a proposal to form Vakadu taluk with head quarters at Vakadu. Vakadu taluk was proposed to be comprised of some villages in Yellasiri firka and most of the villages in Thikkavaram firka and 15 villages in Mallam firka and it is not coterminus with Panchayat Samithi area. It is also said that in the formation of new taluks viz, Indukurpeta, Buchireddipalem, podalakuru and Vinjamuru in Nellore district, there was no deviation from the policy decision of the Government to form taluks co-terminus with panohayat area. It is also alleged that the deviation from the general policy and also picking out some villages from some Firkas at random and including them in the proposed taluk regardless of the convenience of the people is done at the behest of Sri. N Janardhana Reddy, the Revenue minister in the Andhra Pradesh cabinet. It is further stated that sri. Janardhanareddy is a resident of Vakadu village and the political rivalary between Sri. N. Chandrasekhara reddy and his brother Sri. N Srinivasulu Reddy on one side and Sri. N Janardhanareddy on the other side is acute and Sri N. Chandrasekharareddy being the vice-chaiiman of the Zilla Parishad for considerable period and Sri N Srinivasulu Reddy being Kota Panchayat Samithi president for a decade wield considerable influence amongst the people and were instrumental in several developmental activities at the Gudur taluk in general and Kota Samithi in particular. The Political factionalism between these two groups was intense and every election from Cooperative society onwards to samithi was fought with utmost vigour. In all these elections the candidates supported by Sri Srinivasulu Reddy and Sri Chandrasekhara reddy were elected. It is said that taking advantage of the position as a revenue Minister Sri Janardhena reddy influenced rhe decision of the government regarding the formation of new taluk as Vakudu, his native place. It is also stated that with a view to diffuse the political influence of the brothers, Sri Janardhanareddy instructed the District Collector and other officials to submit reports and the Collector pursuant to the same proposed Vakadu taluk with head quarters at Vakadu and it is learnt that specific instructions were given To the Collector to include Vallipedu and Pallamala of Gudur taluk in the proposed taluk and this was done with an intention to prevent Sri. Y Venugopal Reddy, who is the sarpanch of Vallipedu and president of Gudur taluk Cooperative Marketing society from contesting the presidentship of Gudur Panchayat samithi. Sri Y Venugopal Reddy is an influential person and close associate of brothers and also politically opposed to Sri Janardhanareddy since long time. The main intention of Sri N Janatdhanareddy is to make Kota panchayat Samithi as a reserved Samithi for scheduled castes and in consonance with that decision, he instructed the Collector to include 15 villages from Mallam firka in which the majority population will be harijans in the proposed taluk. The area proposed for Vakudu taluk is not geographically contiguous as there are natural ba
