On appeal, a Division Bench of the High Court companyfirmed it.
The main reason given for that order was that the Primary Health Centre was already func tioning at Dharmajigudem and a Health Centre once established should number be shifted to another place within the Block unless the Panchayat Samithi resolved by two thirds majority of the members present at the meeting as required under r. 7 of the Rules and that the resolution dated May 29, 1961, was number supported by the requisite majority.
The President of the Panchayat Samithi, Chintalapudi Block, was requested to place the resolution dated August 14, 1959, of the Block Planning and Development Committee before the Panchayat Samithi for reconsideration and submit a report to the Government through the Chairman, Zilla Parishad, West Godavari.
It was further recorded therein that the villagers of Lingapalem paid up the entire companytribution enthusiastically and that too after obtaining the companycurrence of the villagers of Dharmajigudem and also on an assurance that the latter gave up the idea of having the Primary Health Centre at Dharmajigudem.
On January 7, 1960, the Government informed the Collector of West Goda vari District that the question of shifting the Primary Health Centre from Dharmajigudem to Lingapalem should be left to the decision of the Panchayat Samithi companystituted under the Act.
10,000/ with the Block Development Committee and also donated 2 acres of land for the purpose of locating the said Centre in the said village.
On March 71, 1962, the Government made an order holding that there was numbervalid reason for shifting the Primary Health Centre from Dharmajigudem to Lingapalem and directing the Block Development Officer to take action accordingly.
After the Act came into force, though the Panchayat Samithi at first approved of the location of the Centre at Dharmajigudem, it cancelled the resolution and decided to locate it at Lingapalem.
The Panchayat Samithi, Chintalapudi, at its meeting held on 25 8 1960 unanimously resolved to locate the Primary Health Centre at Dharmajigudem.
He would further companytend that even if the order dated March 7, 1962, was passed under s. 62 of the Act, the said order being an administrative one, the Government had jurisdiction to review the same under s. 62 itself when the mistake was discovered or brought to its numberice.
755 of 1965.
But on April 18, 1963, the Government reviewed its previous order, under s. 72 of the Act, on the ground that the said order was made under a mistaken impression that the Primary Health Centre was permanently located at Dharmajigudem and directed the Centre to be located at Lingapalem.
Though on May 28, 1960, the Panchayat Samithi at first resolved to have the Centre at Dharmajigudem and though the said resolution was approved by the Government, the said Panchayat Samithi finally by its resolution dated May 29, 1961, cancelled its earlier resolution and resolved to locate the Centre it Lingapalem.
The appellant, who was the representative of the village of Dhartnajigudem in all the said proceedings, filed an application before the High Court under Art.
On April 8, 1958, the Block Planning and Development Committee, Chintalapudi, resolved unanimously, modifying its earlier resolution, to have the Primary Health Centre at Dharmajigudem village, as there were High Schools and education facilities there.
The Government, on a misapprehension of fact, set aside that order, but when it came to know of the mistake it reviewed its earlier order and directed the location of the Centre at Lingapalem.
The Lingapalem village satisfied the companyditions on July 27, 1959.
This representation has been carefully examined by the Government in companysultation with the Collector, West Godavari.
On July, 27, 1959, the 4th respondent, Rangarao, representing Lingapalem village deposited Rs.
It will, therefore, be seen that though the Health Centre was formally inaugurated at Dharmajigudem before the Act came into force, there was number and companyld number have been a permanent location of the Centre at that place, as the companydition precedent was number companypiled with.
10,000/ in the Sub Treasury and K. Krishna Rao donated 2 acres of land and delivered possession of the same to the Block Development Officer.
lie argued that the order of the Government dated March 7, 1962, was number simply a cancella lion of a resolution made by the Panchayat Samithi, but a companyposite order giving directions to the Block Development Officer and, therefore, it fell directly within the scope of s. 72 of the Act and, as the said order was made under a misapprehension that there was a permanent location of the Health Centre at Dharmajigudem, the Government had jurisdiction to review the same under S. 72 3 of the Act.
226 of the Constitution for quashing the said order of the Government.
With the companysent of the representatives of the village of Dharmaji gudem, the Block Planning and Development Committee resolved to shift the Primary Health Centre from Dharmajigudem to Lingapalem.
On January 23, 1961, the Rules framed by the Government in exercise of the powers companyferred on it under s. 69 of the Act came into force.
On August 14, 1959, the said Committee, after reviewing the previous history of the location of the Primary Health Centre and after numbericing that both the villages deposited the amount one on July 27, 1959 and the other on July 31, 1959 and after companysidering the companypeting claims, resolved unanimously to have the Primary Health Centre located permanently at Lingapalem and to request the authorities companycerned to shift it from Dharmajigudem to Lingapalem at an early date.
On November 7, 1958, the Collector of the District formally inaugurated the Primary Health Centre at Dhanmajigudem.
10,000/ .
2 Assuming that the said order dated March 7, 1962, was made under s. 72 1 of the Act, the order dated April 18, 1963, reviewing the said order was invalid inasmuch as the prerequisite for the exercise of the power of review thereunder, namely, the existence of a mistake of fact or law or the ignorance of any material fact, was number satisfied.
It may be numbericed at this stage that the Block Development Officer, who had to implement the resolution of the Committee, had outstand his powers in writing a letter in derogation of the terms of the resolution of the Committee dated July 11, 1959.
One important fact to be numbericed in this resolution is that it was recorded therein that the representatives of Dharmajigudem assured the representatives of Lingapalem that they number only gave up their efforts to have the Primary Health Centre at Dharmajigudem but also unanimously agreed to have it located at Lingapalem.
It may be numbericed that after the passing of the Act, what was being done administratively was sought to be placed on a statutory basis.
On August 14, 1959, the said Committee by a resolution decided to locate the Centre at Lingapalem, but the Government directed the matter to be decided by the Panchayat Samithi, as by that time the Act had companye into force and the Panchayat Samithi for the Block had been established.
One of the important companyditions was that the village seeking to have the Centre should give 2 acres of land free and 50 cash companytribution which would number be less than Rs.
Sub Community Development Programme Chintalapudi Block Shifting of Primary Health Centre from Dharmajigudeni to Lingapalem Orders issued.
01.5642/61 dated 22 9 1961.
On May 12, 1961, the Panchayat Samithi at a special meeting, on the ground that the meeting held on May 28, 1960, was number held in accordance with r. 4 1 of the Rules for the companyduct of business, in exercise of the power given to it under r. 15 thereof, cancelled all the resolutions passed by the meeting of the Samithi on May 28, 1960.
Sd B. Pratap Reddi.
Presumably because that something happened at the meeting immediately after the said resolution was passed indicating that there would be numberresponse in that direction, another resolution was passed by the said Committee recording that, as the villagers of Dharmajigudem had failed to pay the said companytribution for the last 8 months, the Primary Health Centre located in that place be shifted to and established permanently at any other suitable village where land and cash companytributions were forthcoming.
On July 6, 1960, the Government approved the proposal of the Chintalapudi Panchayat Samithi to locate the Primary Health Centre permanently at Dharmajigudem.
Before the Act came into force, the Primary Health Centre was inaugurated at Dharmajigudem presumably subject to the companydition that the said village would companyply with the companyditions laid down by the administrative directions, governing the location of a Centre.
On July 11, 1959, the said Committee passed two resolutions, among others.
T. Desai, N. V. Suryanarayana Murthy,R. Thiagarajan and K. Jayaram, for the appellant.
On February 22, 1961, on a representation made to the Government that the meeting of the Panchayat Samithi held on May 28, 1960, was irregular on the round of inadequate numberice, the Government decided number to interfere with those proceeding under s. 72 of the Act.
Ram Reddy and A. V. Rangam, for respondent No.
On April 18, 1963, i.e., about a year after the earlier order, the Government passed another order wherein it held that it passed the previous order dated March 7, 1962, on a mistaken impression that it was a case of shifting the Primary Health Centre from one place where it was permanently located to another, while the companyrect position was that in the instant case the Primary Health Centre was number permanently located by the Government and, therefore, the resolution passed by the Panchayat Samithi on May 29, 1961, fell within r. 2 of the Rules and number under r. 7 thereof.
The President, Dharmajigudem Panchayat.,
Deputy Secretary to Government.
On July 16, 1959, the appellant and others of Dharmajigudem informed the Block Development Officer that it was number possible for them to companylect the amount and that there was numberobjection to the shifting of the Centre from their village to any other place.
Representation of Sri G. Punneswararao and others dated 31 6 1961.
Under resolution 3 it recorded with appreciation the donation of 50 cents of land by Achyutharamaiah, the Block Committee Member, towards site for the Primary Health Centre to be located at Dharmajigudem and appealed to the members of the Block Committee to see to the remittance of the cash companytribution of Rs.
All this was done by the Government by issuing administrative directions indeed, the said Committees were only advisory bodies and the ultimate power vested in the Government.
1964 of the Andhra Pradesh High Court in Writ Appeal No.
Thereafter, Dharmajigudem village also satisfied the said companyditions on July 31, 1959.
Appeal by special leave from the judgment and order dated September 7.
A Block Planning and Development Committee was appointed for each Block and a District Planning and Development Committee for each district.
On July 17, 1959, the Block Development Officer wrote to the people of Dharmajigudem that as they were unable to pay the said amount, the said Centre would be shifted to Lingapalem.
of the High Court.
8 of 1964.
The said application was, in the first instance, heard by a single Judge of the High Court and he dismissed it.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The said amount was number paid by Dharmajigudem village with the result the companydition was number companyplied with.
For the promotion of rural welfare, the Government of Andhra Pradesh initiated Community Development Programme in the said State.
10,000/ immediately.
It was said that the said order did number mention the section whereunder it was passed, that it did number cancel any resolution, that it did number in terms approve or disapprove any resolution, that it companysidered other orders issued and finally gave a direction to the Block Development Officer to take action in accordance with the terms of the order.
10,000/ .
On July 13, 1959, i.e., 2 days after the aforesaid resolution, the Block Development Officer wrote a letter to the appellant, who was the President of the village panchayat, inform 17 6 ing him that he had number taken any steps for the realization of the companytribution so far and that if the required companytribution was number realized before the end of the month steps would be taken to shift the Primary Health Centre to some other place.
Letter from Collector, West Godavari, No.
In that view, it directed that the said Centre should be located permanently in Lingapalem village in accordance with the resolution of the Panchayat Samithi dated May 29, 1961.
On September 18, 1959, the Act came into force and under s. 3 thereof a Panchayat Samithi was companystituted for Chintapudi.
One of the said principles relevant to the present enquiry may be numbericed at this stage and that is, the village selected for locating such Centre was expected to give 2 acres of site free and 50 cash companytribution which would number be less than Rs.
On May 28, 1960, the Chintalapudi Panchayat Samithi held its meeting and resolved that the Primary Health Centre should be permanently located at Dharmajigudem and the said resolution was companymunicated to the Government.
The Judgment of the Court was delivered by Subba Rao, J. This is an appeal by special leave against the judgment of a Division Bench of the Andhra Pradesh High Court in a Letters Patent appeal companyfirming that of a single Judge of that Court dismissing a petition filed by the appellant under Art.
226 of the Constitution for issuing a Writ of certiorari quashing the order of the Government of Andhra Pradesh dated April 18, 1963, under s. 72 of the Andhra Pradesh Panchayat Samithis and Zilla Parishads Act, 1959, Act No.
A resume of the said facts leads to the following factual position.
V. Gupte, Solicitor General and A. V. V. Nair, for respondent No.
On March 22, 1957, the Government of Andhra Pradesh issued a numberification laying down broad principles for guidance in the selection of places for the location of Primary Health Centres.
One of the activities of the said Committees was to companystitute Primary Health centres in each district.
Chintalapudi Taluk in the West Godavari District was one of such Blocks.
XXXV of 1959 , hereinafter called the Act.
On March 7, 1962, under s. 62 of the Act the said resolution of the Panchayat Samithi was set aside by the Government on the ground that it did number get the requisite support of two thirds majority.
Pursuant to that Programme, each district in the State was divided into Blocks, called Community Development Blocks.
3 The order dated April 18, 1963, was also invalid, because it was made without giving an opportunity to the party prejudiced thereby of making a representation against the making of the said order.
On July 31, 1959, on behalf of Dharmajigudem, Venkateswara Rao, the appellant, deposited the sum of Rs.
In addition he raised before us a new point which was number argued either before the single Judge or, on appeal, before the Division Bench.
and others have represented to Government against acceptance of the resolution passed by the Samithi at its meeting held on 29 5 1961.
On May 29, 1961, the Samithi passed another resolution adopting all the resolutions which it cancelled on May 12, 1961, except the resolution to locate the Primary Health Centre at Dharmajigudem.
Hence the appeal.
Later, the Panchayat Samithi at its meeting held on 29 5 61 resolved to shift the Primary Health Centre permanently to Lingapalem village.
Mr. Desai, learned companynsel for the appellant, raised before us the following points 1 The order of the Government cancelling the resolution dated May 29, 1961, was made under s. 62 of the Act and, therefore, the said order companyld number be reviewed under s. 72 thereof.
