Telangana High Court
WP/24470/2004 of Smt. T.Tulasi Bai Vs The Collector (Panchayati Wing) on 29 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO: 24470 of 2004 Between: Smt. T.Tulasi Bai W/o Ramaiah R/o Chinnaraspally village
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANAWRIT PETITION NO: 24470 of 2004
Between:
Smt. T.Tulasi Bai W/o Ramaiah
R/o Chinnaraspally village Dahegoon Mandal Adilabad District.
AND
... PETITIONER
1 The Collector (Panchayati Wing) Adilabad District.
2 The Divisional Panchayath Officer Asifabad, Adilabad District 3 ThePanchayath Secretary, Grampanchayath, Chinnaraspally of Dahegon Mandal, Adilabad District.
...RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toIssue an order or direction more particularly one in the nature of Writ of Mandamusor any other appropriate writ order or direction declaring the action of the respondentNo.1 suspending the petitioner from the post of Sarpanch through order inProc.No.89/K4.pts/02 dt. 16/11/2004 as arbitrary, illegal, null and void and politicallymotivated and also violative of the provision of the AP.Panchayath Raj act and alsoviolative of the Art. 14, 19 and 21 of the Constitution of India.
Counsel for the Petitioner: MR.K.VENUMADHAV
Counsel for the Respondents 1 and 2: GP FOR PANCHAYAT RAJ & RURALDEV.
The Court, at the admission stage, made the following:
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ORDER:
This writ petition is filed seeking a Mandamus declaring the action of the firstrespondent in suspending the petitioner from the post of Sarpanch through order inProc.No.89/K4.Pts/02 dated 16-11-2004 as arbitrary and illegal.
2. Heard the learned counsel for the petitioner and the learned Government Pleaderfor Panchayat Raj and Rural Development on behalf of the respondents and withtheir consent, the writ petition is being disposed of at the admission stage.
3. As against the impugned order passed by the first respondent – Collector(Panchayat Wing), Adilabad, suspending the petitioner from the post of Sarpanch,Gram Panchayat, Chinnaraspeelly of Dahegaon Mandal, it is submitted by thelearned Government Pleader for Panchayat Raj and admitted to by the learnedcounsel for the petitioner that there is an effective alternative remedy of revisionavailable to the petitioner before the Government and without approaching theGovernment, petitioner has approached this Court.
4. Inasmuch alternative remedy by way of revision is available to the petitioneragainst the impugned order; I deem it appropriate to dispose of the writ petitionwith the following direction.
5. The petitioner may avail the remedy of revision available to her against theimpugned order passed by the first respondent –Collector before theGovernment, along with an application for stay within a period of six weeksfrom today. On filing of such revision together with application for stay, theGovernment is directed to consider and pass appropriate orders thereon eitheron the revision or on the application for stay, expeditiously.
December 29, 2004MRR / SVV
// TRUE COPY //
Copy to:
1 The Collector (Panchayati Wing) Adilabad District.
2 The Divisional Panchayath Officer Asifabad, Adilabad District3 ThePanchayath Secretary, Grampanchayath, Chinnaraspally of Dahegon Mandal, Adilabad District.3 ThePanchayath Secretary, Grampanchayath, Chinnaraspally of Dahegon Mandal, Adilabad District.
4 Two C.C. s to the G.P. for Panchayat Raj & Rural Development, High Court Buildings, Hyderabad (OUT)
5 Two C.D. Copies.
________________N. V. RAMANA, J
ASSISTANT REGISTRAR
SECTION OFFICER