The Mahabubabad Gram Panchayat, represented by its Upa-Sarpanch, filed the present writ petition praying for a Writ of Mandamus declaring the inaction of the respondents in upgrading the Mahabubabad Major Gram Panchayat as Grade-I Municipality, on the basis of the income as well as population, under Section 2(42-a) and Section 3 of the A.P. Municipalities Act, 1965, and Rule 3 of A.P. Transitional Area and Smaller Urban Areas (Fixation of Criteria) Rules 1955, as well as the resolutions passed by the Mahabubabad Gram Panchayat Committee and also the recommendation of the Divisional Panchayat Officer, Mahabubabad as illegal, arbitrary, null and void, and consequently direct the respondents to upgrade the Mahabubabad Major Gram Panchayatas Grade-I Municipality, and pass such other suitable orders.

2. Sri Mittakola Venkata Rama Rao, learned counsel representing the petitioner, had taken this Court through the criteria, which are to be satisfied for the purpose of upgrading, and would submit that the petitioner Gram Panchayat satisfies all the requirements.

Despite the resolutions made, for the reasons best known, the Gram Panchayat in question is not being upgraded. Learned counsel also would submit in a way the Mahabubabad Gram Panchayat is not being upgraded though certain other Gram Panchayats like Pulivendula, Armoor and Manuguru, etc., such cases were considered and upgraded, and though Mahabubabad Gram Panchayat satisfies all the criteria in a better way when compared to the said Gram Panchayats, the same is being discriminated. Hence, the learned counsel would maintain that suitable direction be issued in this regard.

3. The learned Assistant Government Pleader for Panchayat Raj, on the contrary, would contend that it is for the Government to take a decision in this regard and no writ, as prayed for, can be issued in the facts and circumstances of the case.

4. Mahabubabad Gram Panchayat, represented by its Upa-sarpanch, filed, the present writ petition aggrieved of the inaction on the part of the respondents in upgrading it as Grade-I Municipality, on the basis of the income as well as population, under Section 2(42-a) and Section 3 9f the A.P. Municipalities Act, 1965 (hereinafter referred to as "the Act", forthe purpose of convenience) and Rule 3 of the A.P. Transitional Area and Smaller Urban Areas (Fixation of Criteria) Rules, 1995 (hereinafter referred to as "the Rules"), as well as the resolutions passed by the Mahabubabad Gram Panchayat Committee and the recommendation of Divisional Panchayat Officer, Mahabubabad. Several ·factual details had been narrated in paras 3, 4, 5 and 6 of the affidavit filed in support of the writ petition. The resolutions also had been referred to. It was also stated that on the basis of the resolutions submitted by the Panchayat Secretary, the Divisional Panchayat Officer, vide his R.C.No.73/2005/A 1 dated 7-2-2005, had addressed a letter to the District Collector, Warangal, fourth respondent, requesting to recommend to the Government to convert Mahabubabad Gram Panchayat into Grade-I Municipality. Again on 03-03-2006, the Gram Panchayat committee passed unanimous Resolution. It is also stated that the Sarpanch of the petitioner-Gram Panchayat submitted a representation, vide R.C.No.1105/GM/A1 dated 10-5-2006, to the Chief Minister of the Government of Andhra Pradesh, requesting him for conversion of Mahabubabad Gram Panchayat as Grade-I Municipality after completion of the term of the present Committee. It is also stated that on 09-05-2006 the M.L.A., Sri Vem Narendar Reddy and the Sarpanch Smt. M. Sudha, had submitted a memorandum to the Honble Chief Minister in person in the pubic meeting at Mudupugal of Mahabubabad Division. Several other factual details also had been narrated.

Certain news items in relation thereto had also been referred to.

5. Section 2 of the Act deals with the definitions, and Section 2(42-a) of the Act defines transitional area or a smaller urban area as

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