Mude Nagendra Naik, v. The State Of Andhra Pradesh,
THE HONOURABLE SRI JUSTI CE A.V.SESHA SAI W RI T PETI TI ON No.1 9 5 6 4 of 2 0 1 8 ORDER:
When the matter is taken up, the instructions furnished by District Collector, Anantapur, to Office of Government Pleader, Municipal Administration Urban Development, Government of A.P., vide Rc.No.DTLC/ 8877/ 2018, dated 19.06.2018, are placed on record by the learned Government Pleader. The said instructions read as under: - "In the ref.1st cited, one Sri M.Nagendra Naim, Thanda other villagers have represented for inclusion of voters of Sunnapugutta Thanda into Kadiri Municipality. The Tahsildar, Kadiri has pursued the issue with 1.Municipal Commissioner, Kadiir, 2.Mandal Parishad Development Officer, Kadiri obtained their reports which revealed as detailed below: - In the ref.2nd cited, the Gram Panchayat, Kummaravandlapalli was resolved for inclusion of Polling Station No.138 (new P.S.No.
127), Kummaravandlapalli village into Kadiri Municipality vide resolution No.545/ 2014, dated 06.08.2014. The then Panchayath Secretary, Kummaravandlapalli (Kadiri Rural) was also submitted report with Gram Panchayat Resolution to Mandal Parishad Development Officer, Kadiri and Revenue Divisional Officer, Kadiri.
In reference 3rd cited, Municipality, was resolved for inclusion of geographical area of Thanda, Sreerampuram Thanda into Kadiri Municipality limits vide Resolution No.173/ 31-7-2015. This village Sunapugutta Thanda already included in the Master
Plan 2001 of Kadiri Municipality as per Director of Town and Country Planning, Hyderabad as per L.P.no.157/ 1979. But voters of Sunnapugutta Thanda were included P.S.No.138 (new 127) covering under Kummaravandlapalli Grampanchayat since last several years for the reasons not known.
In reference 4th cited, Municipal Commissioner, Kadiri has submitted detailed report to the Revenue Divisional Officer, Kadiri stating that Sunnapugutta Thanda geographical area is located in Kadiri Municipality and reported that the P.S.No.127 Sunnapugutta Thanda may be included in Kadiri Municipality.
In reference 5th cited, Municipal Commissioner, Kadiri has submitted report to the District Collector, Anantapur, with regard to inclusion of Sunnapugutta Thanda Polling Station No.127 into Kadiri Municipality.
In the reference 6th cited, the Sub-Registrar, Kadiri has furnished information to the applicant Sri M.Nagendra Naik, Thanda, under R.T.I.Act, 2005, the Sy.Nos.464, 465, 467, 191, 192, 193, 179, 180, 176, 171, 195, 196, 360, 361, 362, 478, 470, 188, 199, 178, 453, 368, 452, 469, 181A and 182 are related to Kadiri Municipality (Kadiri Revenue fields) S.R.O., has further informed that the Transfer Duty pertaining to above lands is being adjusted to Kadiri Municipality. These lands are pertaining to Sunnapugutta Thanda.
In the reference 7th cited the Tahasildar, Kadiri ws submitted reported that the geographical area of Thanda, was included in Municipality. But the voters of Sunnapugutta Thanda are included in Kummaravandla Gram Panchayhat long back designated with Polling Station 138 (new P.S.No.127) for the reasons now known. The Gram
Panchayhat, Kummaravandlapalli Municipality were resolted for inclusion of Thanda P.S.No.127 into Municipality. The villagers of Sunnapugutta Thanda P.S.No.127 into Kadiri Municipality. The villagers of Sunnapugutta Thanda are frequently approaching Municipal Commissioner, Kadiri, Tahsildar, Kadiri and Revenue Divisional Officer, Kadiri for inclusion of P.S.No.127 Thanda into Municipality.
The Tahsildar, has finally recommended that the P.S.No.127 Sunnapugutta Thanda may be included in Kadiri Municipality. In the reference 8th cited the Revenue Divisional Officer, Kadiri has submitted report to the District Collector, Ananthapuramu that the Sunnapugutta Thanda may be included in Kadiri Municipality by withdrawing from Kummaravandlapalli Gram Panchayhat as the geographical area was already included in Kadiri Municipality.
In view of the above, it is submitted that the Election Commission of India has issued instructions to conduct Rationalisation of Polling Stations Programme w.e.f.01.07.2018. Hence, the request of transfer of voters from Kummaravandlapalli Gram Panchayhat to Kadiri Municipality will be considered during Rationalisation Programme as geographical area was already included in Kadiri Municipality.
This is for favour of information."
Having noticed the above instructions, keeping in view the contents of the same, this Court deems it appropriate to dispose of the Writ Petition, by placing on record the above said
instructions, with a direction to the respondents to consider the claim of the petitioner herein, in accordance with law. Miscellaneous Petitions pending consideration, if any, in this Writ Petition shall stand closed. There shall be no order as to costs.
_____________________ JUSTI CE A.V.SESHA SAI Date: 20.06.2018 smr