2020 Supreme(AP) 331
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
M. SATYANARAYANA MURTHY, J.
Neelapala Siva Rama Krishna and Ors. - Appellants
Versus
State of Andhra Pradesh and Ors. - Respondents
W.P. No. 2738 of 2020
Decided On : 14-02-2020
For the Appellant : S.V.R. Subrahmanyam.
For the Respondents: Kasi Jagan Mohan Reddy, Spl. Government Pleader, Government Pleader, Manohar Reddy and I. Koti Reddy, SC.
Headnote:
Greater Hyderabad Municipal Corporation Act - sub-sections (3) and (4) of Section 3 - A.P. General Clauses Act, 1891 - Section 7 - U.P. Town Areas Act, 1914 - Section 3 - Constitution of India,1950 - Article 226 - Nature of writ of mandamus - Reserve forest land is acquired - Seeking relief - Nature of writ of mandamus directing the respondents to retain the status of Velugubanda and Villages as Gram Panchayats by conducting Panchayat Elections other in the State of Andhra Pradesh as per schedule, without merging them in Rajahmundry Municipal Corporation, by declaring G.O. Ms. No. 85, MH & UD Department issued by the 1st respondent, by declaring - Department, issued by 2nd respondent as a legal arbitrary, highhanded, unilateral without following A.P. Gram Panchayats Rules, 2007 and in violation of provisions under Constitution of India – Held, Government having worked as Election Commissioner of State during previous elections for Assembly and Parliament, is not expected to pass such G.O. in ignorance of the previous orders of the Government and law contained in statute - Nonchalant action of respondent No. 2 and Commissioner of respondent No. 7 created any amount of confusion among public of 21 villages proposed to be merged into the Municipal Corporation - Writ petitioners need no further consideration referred above and apart from stage of election process is also not brought to the notice of this Court during arguments to find out whether - Court can interfere with such notification - Writ petition is allowed
ORDER :
M. Satyanarayana Murthy, J.
1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
"to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring in issuing G.O. Ms. No. 85 Municipal Administration and Urban Development Department (G) dated 28.1.2020 issued by the 1st respondent consequence of issuance of G.O. Ms. No. 261 by the 2nd respondent herein merging Velugubanda and Chakradwarabandam Villages into the Rajamahendravaram Municipal Corporation as illegal, arbitrary, high handed without following the prescribed procedure and in violation of the provisions of Constitution of India, consequently, direct the respondents to retain the status of Velugubanda and Chakradwarabandam as Gram Panchayats."
2. The prayer was amended as per orders in IA No. 2 of 2020, which is as follows:
"to issue a writ, order or direction more particularly one in the nature of writ of mandamus directing the respondents to retain the status of Velugubanda and Chakradwarabandam Villages as Gram Panchayats by conducting Panchayat Elections alongwith other Panchayats in the State of Andhra Pradesh as per schedule, without merging them in Rajahmundry Municipal Corporation, by declaring G.O. Ms. No. 85, MH & UD Department, dated 28.1.2020 issued by the 1st respondent, by declaring G.O. Ms. No. 261, PR & RD (E&R) Department, dated 28.1.2020 issued by the 2nd respondent as a legal arbitrary, highhanded, unilateral without following A.P. Gram Panchayats (Declaration of Villages) Rules, 2007 and in violation of provisions under Constitution of India".
3. Virtually, the original relief claimed in the petition and amended relief is almost identical, as such, IA No. 2 of 2020 was allowed by this Court as it was not opposed by the respondents.
4. The petitioners are the residents of Chakradwarabandam and Velugubanda Villages. The G.O. Ms. No. 85, Municipal Administration and Urban Development (G) Department dated 28.1.2020 and G.O. Ms. No. 261 Panchayat Raj and Rural Development (E&R) Department dated 28.1.2020 were issued to expand the limits of respondent No. 7-the Rajamahendravaram Municipal Corporation. To expand the limits of respondent No. 7-Municipal Corporal ion, the Government took steps by merging some villages into respondent No. 7-Municipal Corporation. But to alter the limits of larger Urban area either by inclusion of any area or exclusion therefrom, the procedure prescribed under sub-sections (3) and (4) of Section 3 of the Greater Hyderabad Municipal Corporation Act has to be followed strictly.
5. Earlier, challenging the G.O. Ms. No. 44, dated 4.3.2014, a writ petition by way of PIL No. 79/2014 was filed. When the respondents proposed to takeover the records of 21 Gram Panchayats, a Writ Petition No. 3489 of 2015 was filed. Upon hearing both the petitions, this Court noted that a special procedure is prescribed under Rules 8, 9, 10 and 12 of the Andhra Pradesh Gram Panchayat (Declaration of Villages) Rules and found that the respondents did not follow the procedure prescribed under the Rules referred above. This Court allowed both the petitions vide common order dated 1.10.2019. However, liberty is given to the Government to take action for merger of Gram Panchayat into Municipal Corporation, afresh, strictly adhering to the provisions of A.P. Gram Panchayat (declaration of Villages) Rules.
6. Respondent No. 5 herein instructed respondent Nos. 6 and 7 to take action for merger of 21 Villages into Rajamahendravaram Municipal Corporation vide his REV-HSEC/661/2019-JA (H6)-CLO-EG. Respondent No. 8 conducted Grama Sabha on 6.12.2019 at 02.00 p.m., wherein all the villagers unanimously rejected the proposal of merger of Gram Panchayat into Rajamahendravaram Municipal Corporation. Thereupon, respondent No. 4 issued Memo No. 1040636/CPR & RD/D1/2019-2, dated 9.1.2020 directing the District Panchayat Officer, East Godavari to serve show-cause notice to the concerne