GODDE VENKATESWARA RAO versus GOVERNMENT OF ANDHRA PRADESH AND OTHERS

GODDE VENKATESWARA RAO versus GOVERNMENT OF ANDHRA PRADESH AND OTHERS

The Supreme Court held that the appellant had the right to maintain the application under Article 226 as a prejudiced party. It was held that the power to establish and maintain health centres was statutorily vested in the Panchayat Samithi, and rules making the Samithi merely recommendatory were ultra vires. The Government order dated 7 March 1962 was made under s. 62 and not reviewable under s. 72; since the subsequent 18 April 1963 order purported to review an order under s. 62, it was invalid. Furthermore, both orders were made without affording necessary opportunity to affected parties, contrary to statutory requirements.

Parties
Appellant: Godde Venkateswara Rao; Respondents: Government of Andhra Pradesh and Others
Jurisdiction
India
Judgment Date
11 October 1965
Procedural Posture
Civil Appeal / Supreme Court (on Appeal From Andhra Pradesh High Court Judgment in Writ Appeal No. 8 of 1964, Decided September 7, 1964)
Outcome
Appeal dismissed
Legal Topics
Standing in Writ Petitions, Statutory Construction, Discretionary Power in Writ Jurisdiction, Powers and Review Under Andhra Pradesh Panchayat Samithis and Zilla Parishads Act, Administrative Action
Administrative Law Local Government Law Constitutional Law Standing in Writ Petitions Statutory Construction Discretionary Power in Writ Jurisdiction Powers and Review Under Andhra Pradesh Panchayat Samithis and Zilla Parishads Act Administrative Action

Case Brief

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Parties

Godde Venkateswara Rao

Appellant

Government of Andhra Pradesh and Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court (on Appeal From Andhra Pradesh High Court Judgment in Writ Appeal No. 8 of 1964, Decided September 7, 1964)

Legal Issues

  1. 1 Whether the appellant had locus standi to file the petition under Article 226 of the Constitution
  2. 2 Whether the 18 April 1963 Government order reviewing the earlier order was valid under s. 62 or s. 72 of the Andhra Pradesh Panchayat Samithis and Zilla Parishads Act, 1959
  3. 3 Whether the order was made without proper opportunity to affected parties

Ratio Decidendi

The Supreme Court held that the appellant had the right to maintain the application under Article 226 as a prejudiced party. It was held that the power to establish and maintain health centres was statutorily vested in the Panchayat Samithi, and rules making the Samithi merely recommendatory were ultra vires. The Government order dated 7 March 1962 was made under s. 62 and not reviewable under s. 72; since the subsequent 18 April 1963 order purported to review an order under s. 62, it was invalid. Furthermore, both orders were made without affording necessary opportunity to affected parties, contrary to statutory requirements.

Court Disposition

Appeal dismissed

Orders

  • No writ issued; the High Court’s discretion not to quash the order was upheld; both impugned government orders were not legally passed, but discretionary relief was denied.