WP/23730/2004 of The Coasta Teera Jateeya Rahadari Sadhana Samithi, Vs The State of A.P., on 27 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

MONDAY, THE TWENTY SEVENTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE SRI DEVINDER GUPTA,THE CHIEF JUSTICE

and

THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY

WRIT PETITION NO : 23730 of 2004

Between:

1 The Coasta Teera Jateeya Rahadari Sadhana Samithi, Regn. No.

84/2002, Javvarpet, Machilipatnam, Krishna District, rep. by its Convener, and Secretary, T. Niranjan Rao.

2 The Machilipatnam Bullion Jewellery & Diamond- Merchants Association, Regn. No. 156/1946, Robet Sonpet, machilipatnam, Krishna District, rep. by its President Jangala Haranatha Babu.

3 The Machilipatnam Lorry Owners Association, Regn. No. 15/93, Robertsonpet, Machilipatnam, Krishna District, rep. by its President, Ch. Subrahmanyam.

4 Yakkala Panduranga Rao, S/o. Venkatratnam R/o. Robertsonpet, Machilipatnam, Krishna District.

5 Yakkala Subba Rao, S/o. Yakkala Panduranga Rao, R/o. Robertsonpet, Machiplipatnam, Krishna District.

6 Dr. B. Dhanvantari-Acharya, S/o. Narayanacharyulu, R/o. Jagannadhapuram, Machilipatnam, Krishna District.

7 Annes Ahmed Riza, S/o. Md. Basha,

R/o. Inakuduru, Machilipatnam, Krishna District.

8 The Machilipatnam Chemists & Druggists Association, Regn. No.

11/62, Fort road, Machilipatnam, Krishna District, rep. by its Secretary,

T. Rama Mohana Rao.

9 Maddula Pandu Ranga Rao, S/o. Veeraraghava Swamy, Kojjillipet, Machilipatnam, Krishna District.

AND

1 The State of A.P., rep. by its Chief Secretary to Govt., Secretariat Buildings, Hyderabad.

2 The Principal Secretary to Government of A.P., Revenue Department, Secretariat, Hyderabad.

3 The District Collector, Krishna, Chilakalapudi, Machilipatnam.

.....RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toIssue a writ of mandamus or any other appropriate writ, order or direction; i)Declaring that the action of the Respondents 1 and 2 in locating newly some districtlevel offices of the Krishna District at Vijayawada instead of in the District HeadQuarters is highly arbitrary, capricious, illegal and hit by Article 14 of the Constitutionof India apart from being violative of the provisions of Sub-Section 5 of Section 3 ofthe A.P. Districts (Formation) Act, 1974. 2) declaring that the 3rd respondent just likehis predecessors is guilty of converting the Collectorate at Machilipatnam as hisCamp Office and the camp office at Vijayawada as the Collectorate and also guiltyof grave dereliction of his duties and large scale misuse of power. 3) directing therespondents to shift all the district level offices to Machilipatnam from Vijayawadawithin such time limit as this Hon'ble court my specify. 4) directing the respondentsto locate and set up hereafter any district level offices only in the district HeadQuarters at Machilipatnam. 5) directing the respondents not to shift any district leveloffices existing at present in the district head quarters at Machilipatnam toVijayawada or any other town or place in the district. 6) directing the 3rd respondentto hold hereafter all district level official seminars, conferences review meetingsincluding DDRC in the Collectorate at Machilipatnam only. 7) Directing the 3rdrespondent to reside only in his official residence at Machilipatnam and must bemade available in the Collectorate at Machilipatnam for six full days in a week. 8)directing the respondents 1 and 2 to prescribe suitable guidelines and instructionsconfining and restricting the protocol formality by the 3rd respondent to specifiedpersons, specified places and specified occassions and . 9) Allowing the WritPetition with costs.

Counsel for the Petitioners: MR.T.DURGA PRASAD RAO

Counsel for the Respondents: GP FOR REVENUE

The Court made the following :

ORAL ORDER: (per the Hon’ble the Chief Justice)

Grievance of the petitioners is that the District Head Quarters of KrishnaDistrict is located at Machilipatnam but respondents 1 and 2 are locating someDistrict Level Offices at Vijayawada instead of Machilipatnam thereby causing muchinconvenience to the general public. Petitioners are also saying that the thirdrespondent, just like his predecessors, is guilty of converting the Collectorate atMachiliatnam as his camp office and having a parallel camp office at Vijayawda.

We do not find anything in the averments made in the petition any violation ofany statute, rules or regulations. The only provision of which reference was made bythe learned counsel for the petitioners is Section 3 of the Andhra Pradesh Districts(Formation) Act, 1974. Neither the said Act nor any part thereof, enjoins upon therespondents that all District Level Offices must be located at the District HeadQuarter. Where and at what place a District Level Office is to be located is theadministrative convenience of the respondents 1 to 3 and where respondent No.3should have his camp office is also according to the exigencies of the situation andadministrative convenience. The subject matter of the writ petition cannot be madesubject matter of judicial review. It is purely a matter of administrative conveniencefor which the petitioners must approach the concerned authorities.

With leave and liberty granted to the petitioners to approach the concernedauthorities, the petition is dismissed.

___________________

DEVINDER GUPTA, CJ

27-12-2004

________________________

B.SESHASAYANA REDDY, J

Tvr

To

1 The Chief Secretary to Govt., Government of Andhra Pradesh, Secretariat Buildings, Hyderabad. Secretariat Buildings, Hyderabad.

2 The Principal Secretary to Government of A.P., Revenue Department, Secretariat, Hyderabad.

3 The District Collector, Krishna, Chilakalapudi, Machilipatnam.

4. 2 CCs to the Govt. Pleader for Revenue, High Court buildings, Hyderabad (OUT).

5 2 CD copies.