Andhra HC (Pre-Telangana)
C. Bhaskara Reddy And Ors. vs The District Collector on 3 August, 1995
Equivalent citations: 1995(3)ALT408, 1995 A I H C 5944, (1995) 2 APLJ 256
ORDER M.N. Rao, J.
1. In this Writ Petition the order of the Collector, Chittoor, dated 12-5-1995 in Roc. No. 2554/95/B4 (Pts), by which the Dandapalli Gram Panchayat which was constituted as far back as on 16-7-1955 was bifurcated into two Gram Panchayats - Dandapalli and Eduru, is challenged.
2. The Dandapalli Gram Panchayat, as constituted on 16-7-1955, consisted of the following eleven villages:
1. Dandapalli
2. Thallapalli
3. Vyayalamitta
4. Jegindlu
5. Varadareddy indlu
6. Kurapalli
7. Nagireddy palli
8. Vemanapalli East
9. Vemanapalli West
10. Eduru and
11. Thammireddypalli
3. The two Gram Panchayats that came into being by virtue of the impugned notification are Eduru and Dandapalli. The Eduru Gram Panchayat consists of Eduru, Thammireddypalli and a part of Thallapalli (by naming the same as Diguva Thallapalli). The rest of the areas constituted Dandapalli Gram Panchayat. Section3(1) of the A.P. Panchayat Raj Act, 1994 confers power on the Commissioner to declare any revenue village or hamlet thereof or any part of a mandal to be a village for the purpose of the Act. Sub-section (2) of Section 3 of the A.P. Panchayat Raj Act, 1994 reads thus:
"(2) The Commissioner may, by notification and in accordance with such rules as may be prescribed in this behalf -
(a) 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;
(b) Increase the local area of any village;
(c) Diminish the local area of any village;
(d) Alter the boundaries of any village;
(e) Alter the name of any village;
(f) Cancel a notification issued under sub-section (1).
4. Rule 4 of the Rules relating to Andhra Pradesh Gram Panchayats (Declaration of Villages) Rules, 1994 is in the following terms:
"Any hamlet of a revenue village declared as a village under Rule 3, lying within a distance of two kilometers irrespective of its population and income shall ordinarily be included in that village".
5. The record produced before us contains a plan which shows that the villages of Eduru, Thallapalli and Thammireddypalli are in one line by the side of the Zilla Parishad road whereas the rest of the villages are far away from them. Thallapalli is situated in between Eduru and Thammireddypalli. From the point of view of geographical contiguity, it is very clear that those three villages or any part of those villages cannot be tagged on to Dandapalli for the purpose of constituting a Gram Panchayat. Under Rule 4, in order to disturb the principle of geographical contiguity for the purpose of constituting one or more villages into a Gram Panchayat the Commissioner shall give special reasons. No special reasons are mentioned as to why Thallapalli was divided and a part of it was tagged on to Eduru and the other part to Dandapalli which is at a distance of more than five kilometres. In the counter-affidavit the stand taken by the Government is that on the request of the villagers the bifurcation was effected. The record produced before us shows that what the villagers wanted was a new Gram Panchayat consisting of Eduru, Thammireddypalli and Thallapalli; they did not want Thallapalli village to be divided into two parts, one to be tagged on to Dandapalli and the other to Eduru. Therefore, the bifurcation in question appears to have been based on a factual misconception and the same is contrary to the mandatory provisions of Rule 4.
6. This Writ Petition is, therefore, allowed. The impugned order is set aside and the matter is remitted to the Collector to take appropriate action in accordance with law, pursuant to the representation of the villagers for effecting bifurcation, as expeditiously as possible, in any event not later than three months from the date of receipt of a copy of this order. No costs.