The Court dismissed a PIL challenging the constitution of a Gram Panchayat Committee for the Deepam Scheme, holding that the matter was identical to prior dismissed writ petitions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE
AND
HON’BLE SRI JUSTICE S.V. BHATT
PIL No.137 OF 2015
PC: (Per Hon’ble Sri Justice S.V.Bhatt)
Heard Sri V.R. Avula, learned counsel for the petitioner and the learned Government Pleader for Civil Supplies (AP).
The petitioner through the instant PIL prays for the following reliefs:
A) To declare the action of the 1st respondent in constituting the grampanchayat committee through G.O.Ms.No.6, dated 6th April,2015 basing on the procedure laid down under G.O.Ms.No.135, Panchayat Raj & Rural Development Department, dated 17.9.2014 for selection of beneficiaries under Deepam Scheme, as illegal, arbitrary, capricious and colourable exercise of power.
B) Consequently, to set-aside the grampanchayat committee through G.O.Ms.No.6, dated 6th April,2015 for selection of beneficiaries under Deepam Scheme …”
At the time of hearing, learned counsel appearing for the parties state that the Government Order under challenge grants power to the Minister In-charge of a District to nominate four persons to a Committee constituted to identify the beneficiaries of Deepam Scheme for distribution of LPG cylinders, as illegal and unconstitutional.
It is not disputed that this Court considered a similar challenge of inclusion of social workers in Selection Committee for selecting eligible beneficiaries under Scheduled Castes Action Plan 2014-15 in writ petition No.36930 of 2014 and PIL No.94 of 2015. The writ petitions were dismissed. By following the view taken in these two writ petitions, the instant writ petition is liable to be dismissed and accordingly dismissed.
Consequently, miscellaneous petitions, if any pending, also stand disposed of.
_____________________ DILIP B. BHOSALE, ACJ
S.V.BHATT, J ___________________
Date: 03.08.2015 Stp
2 issues framed by the court
Whether the action of the 1st respondent in constituting the Gram Panchayat Committee for selecting beneficiaries under Deepam Scheme is illegal and unconstitutional.
Whether Government Orders regarding the procedure for selection of beneficiaries under Deepam Scheme are arbitrary and colourable.
Public Interest Litigation
District Minister In-charge of a District
Government Pleader for Civil Supplies (AP)
Dilip B. Bhosale
S.V. Bhatt
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
