overnment have issued showcase notice to eight (8) Gram Panchayats East Godavari District under section 246 (1) of the Andhra Pradesh Panchayat Raj Act, 1994 read with Rule 12 (2) of the Andhra Pradesh Gram Panchayat (declaration of Villages) Rules 2007 issued in G.O.Ms.No.542, PR&RD (Pts.IV) Dept., dt.3.12.2007 as to why the resolutions passed by them cannot be cancelled and included them into Kakinada Municipal Corporation. After receiving the replies from Gram Panchayats, in the GO 2nd read above, Government have cancelled the resolutions passed by the three (3) Gram Panchayats i.e. Ramanayapeta, Valasapakala and Atchutapuram, which were opposing for merging into Kakinada Municipal Corporation and Notification was also issued to that effect. In the G.O, orders have been issued including (8) Gram Panchayats into Kakinada Municipal Corporation.
- Aggrieved by the above orders, Sri K.Surya Narayana Nehru and others have filed PIL Nos.183 & 242 of 2013 and other batch cases in AP High Court at Hyderabad and the Hon’ble High Court in its orders dt.21.10.2013 held that:
“—-We are of the view that when the provision under Section 246 of the Act has been invoked, it should have been invoked in true and complete sense. The aforesaid provision requires that the Government shall pass an order of cancellation on certain grounds as mentioned therein. No such order of cancellation has expressly been passed by the respondents on the views or resolutions adopted by the concerned Gram Panchayats. We think that such decision is a sine qua non when the procedure has been adopted by the Government itself.
Accordingly, the Hon’ble High Court has directed the Government to take a decision in the light of the provisions of Section 246 of the Act for cancellation of the resolutions adopted by the concerned Gram Panchayats. Such decision shall be taken in accordance with law within a period of eight weeks from the date of receipt of a copy of the order and such decision will abide by the decision of the inclusion of these Panchayat areas with the Kakinada Municipal Corporation.”
- Government is empowered to take a decision and de-notification of Gram Panchayats in accordance with section 3 of the Andhra Pradesh Panchayat Raj Act, 1994. It is not required to invoke section 246 of the Andhra Pradesh Panchayat Raj Act,1994 as mentioned in Notification-I issued in the G.O 2nd read above.
- Now, therefore, in pursuance of the orders of the Hon’ble High Court dt.21.10.2013 in the reference 4th read above, and after careful examination of the entire issue, Government have decided to amend the G.O.Ms.No.175, PR&RD(Pts.IV) Dept., dt.26.3.2013.
- Accordingly, the following amendment will be published in an Extraordinary issue of the Andhra Pradesh Gazette, Dated: 07.11.2015.
In the said G.O. :-
- “NOTIFICATION – I” shall be omitted.
- NOTIFICATION – II shall be read as “NOTIFICATION”.
G.O.Ms.No. Dated:3.11.2015. Read the following:-
1. Memo.No.2151/Pts.IV/A1/2012-3, dt.8.3.2013.
2. G.O.Ms.No.175, PR&RD(PTS.IV) Dept., dt.26.3.2013.
3. G.O.Ms.No.122, MA&UD (Ele.II) Dept., dt.26.3.2013.
4. Orders dt.21.10.2013 of the Hon’ble High Court, in PIL.Nos.183 & 242 of 2013 & other batch cases.