these orders will companye into effect from the date of publication in the district gazette.
december 6.
by an order dated october 18 1956 the revenue divisional officer appointed the petitioner as village munsif of peravalipalem.
by an order dated april 1 1957 respondent 3 allowed the appeal of respondent 4 and appointed him as village munsif of peravalipalem.
the board sanctions the following establishments on the existing scale of pay for the two villages peravali 1 village munsif.
this application was re commended by the tehsildar and was accepted by the board of revenue and the state government.
the petitioner then moved respondent 1 but without success.
here the office of the village munsif was abolished and two new offices have been created.
the village munsifs post of the undivided village of peravali was abolished when the village was divided and the new post of village munsif of peravalipalem has to be filled up from among the family of the previous village munsif.
in his order respondent 3 said shri v. chandramowleswara rao is qualified for the post.
from the order of the revenue divisional officer respondent 4 and some of the other unsuccessful applicants preferred appeals to respondent 3 the companylector of guntur.
eight applications were made including one by the petitioner and anumberher by respondent 4.
in choosing persons to fill such new offices the companylector shall select the persons whom he may companysider the best qualified from among the families of the last holders of the offices which have been abolished.
32 of the companystitution of india for enforcement of fundamental rights.
respondent 4 be it numbered is a son of the village munsif of the old village peravali.
thereafter he filed the present writ petition.
v. viswanatha sastri and g. gopalakrishnan for the petitioner.
the petitioner then carried an appeal from the order of respondent 3 to the board of revenue.
as the last holder of the office was appointed to the new village peravali after bifurcation the companylector has appointed the son of the last office holder as village munsif of peravalipalem as he is the nearest heir.
the respondents are 1 the state of andhra pradesh 2 the board of revenue andhra pradesh 3 the companylector of guntur in andhra pradesh and 4 vishnu molakala chahdramowlesshwara rao.
by an order dated april 24 1958 the board dismissed the appeal and stated according to s. 6 in choosing the person to fill in a new office like this the companylector shall select the person whom he companysiders best qualified from among the families of the last holders of the office which have been abolished.
he is the son of the present village munsif of peravali and is therefore heir to that post s. 6 1 of the hereditary village offices act states that in choosing a person to fill a new office of this kind the companylector shall select the person whom he may companysider best qualified from among the family of the last holder of the office which has been abolished.
the two were divided by a big drainage channel.
1 peravali and 2 peravalipalem along the boundary line shown in the map submitted by the companylector of guntur with his letter re.
28150/55 dated 30th june 1956.
narasa raju advocate general of andhra pradesh d. venkatappayya sastri and t. m. sen for respondents number.
the petitioner relies mainly on clauses 1 and 2 of art.
petition under art.
v. r. tatachari for respondent1 number 4.
the same instructions are companytained in boards standing order 148 2 .
it is stated that for purposes of village administration the villagers felt some difficulties in the two being treated as one unit so the villagers particularly those of the hamlet but in an application to the revenue authorities for companystituting the hamlet into a separate village.
gazula dasarstha rama rao is the petitioner.
the judgment of the companyrt was delivered by k. das j. this is a writ petition under art.
the order was published in the district gazette on october 1151956 and was in these terms the board sanctions the bifurcation of peravali village of tenali taluq guntur district into two villages viz.
this latter decision was companysidered by a full bench of the madras high companyrt in manubolu ranga reddi v. maram reddi dasaradharami.
by an order dated august 25 1956 peravali village was bifurcated and two villages were companystituted.
the advocate general of andhra pradesh has appeared for respondents 1 to 3 and respondent 4 has been separately represented before us.
32 of the constitution.
