Decided on November 18,1963



Ekbote, J. - (1.) is an appeal from a judgment of Seshachalapathi, J., given on 31st August, 1962. The fa facts which give rise to this appeal are that the Block Planning and Development Committee of the Nayudupeta Block could not arrive at a decision as to where the Primary Health Centre should be located. That Committee therefore left it to be decided by the statutory Panchayat Committee which was to be formed under the Andhra Pradesh Panchayat Samithis and Zilla Parishads Act, 35 of 1959, hereinafter called the Act. We are not concerned with the previous history of this controversy. It is sufficient to say that the Nayudupet Panchayat Samithi came into existence with effect from 1-11-1959. At its meeting held on 30-1-1960 the Panchayat Samithi by a majority of 23 votes to 9 resolved that the Primary Health Centre should be located at Doravarisathram. The resolution was thereafter forwarded to the Government. The writ petitioner who was the President of Mallam Panchayat Board represented to the Government against the resolution of the Panchayat Samithi taken on 30-1-1960, and made a demand that the Health Centre should be located at Mallam village. Upon that representation the Government through their letter dated 10-3-1960 asked the District Collector to submit his opinion in that be half. The Collector gave an elaborate reply on 21-4-1960 and recommended that the Health Centre should be located at Mallam. He referred to the report of the District Health Officer, wherein it was stated that Mallam was an interior village adjacent to the sea coast, that it was backward" in area, that no medical aid was available within a radius of five miles, that there was in the coastal villages Malaria in an endemic form and that the people residing there have to go for medical help either to Nayudupet or Salurpet. Regarding the claims of Doravarisathram the Collector again referring to the District Health Officer stated that the village is eitnated on the Grant Trunk Road between Nayudupet and Sularpet, that it was in one extremity of Navudupet Block, that there was no buildings readily useful for the Health Centre as in Mallam, and that if the Health Centre is located in Doravarisathram, it would serve the people in Doravarisathram and those in the villages surrounding it, which were within a very short distance from Sularpet on one side and Nayudupet on the other, where Medical facilities already existed. The District Medical Officer was of the same opinion. The Collector agreeing with the opinion of the local officers, as stated earlier, recommended that the Primary Health Centre should be located at Mallam.
(2.) In view of the said report of the Collector the Government through their letter dated 20-5-1960 asked the Block Development Officer, Nayudupet Samithi to ascertain the views of the Panchayat Samithi apprising them of the technical opinion regarding the location of the Primary Health Centre in Mallam in preference to Doravarisathram.
(3.) This communication of the Government was considered by the Panchayat Samithi at its meeting held on 2-6-1960. Thirty two members were present. By a majority of 25 members to 7 the Panchayat Samithi re-affirmed its previous decision taken on 30-1-1960 and reiterated their demand that the Health Centre should be located at Doravarisathram and not at Mallam. The writ petitioner along with six others who had recorded their dissenting votes approached the Government, The members of the Samithi who had already voted for the establishment of the Primary Health Centre at Doravaristhram similarly approached the Government through a petition. The President of the Nayudupeth Panchayat Samithi separately wrote to the Government advocating the claim of Doravarisathram. It is relevant to state that in these communications all the details which are required to take the decision in that regard have been elaborately stated.;

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