Telangana High Court
WP/18016/2009 of GUDUR GRAM PANCHAYAT Vs The Government Of A.P on 30 December 2010
MR JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.18016 of 2009 DT.30.12.2010 Between: Gudur Gram Panchayat … Petitioner And Government of Andhra Pradesh, rep.by the District Collector, Nalgonda, Nalgonda District and another … Respondents Counsel for the Petitioner: Sri Ghanta
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Conclusion
THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY
Writ Petition No.18016 of 2009
DT.30.12.2010
Between:
Gudur Gram Panchayat
And
… Petitioner
Government of Andhra Pradesh, rep.by the District Collector, Nalgonda,Nalgonda District and another … Respondents Counsel for the Petitioner:Sri Ghanta Rama Rao Counsel for respondents: AGP for Panchayat Raj The Court made the following ORDER:
ORDER:
At the interlocutory stage, the writ petition is taken up for hearingand disposal with the consent of the learned counsel for the parties.
This writ petition is filed for a mandamus to declare the action ofthe respondents in interfering with the use of road laid by the petitionerfrom Gudur to Shameerpet Vagu, Bibinagar Mandal, Nalgonda District,as illegal and arbitrary.
The petitioner is Gram Panchayat of Gudur, Bibinagar Mandal,Nalgonda District. It is claimed to have formed a road to facilitate thevillagers in reaching their destinations by reducing the distances. Oncoming to know that part of the land, over which the road is laid, was aceiling surplus allotted to seven persons belonging to SC/BC and other castes, respondent No.2 issued notices, dated 30.01.2009 and27.01.2009, to the petitioner and the Engineering College Managementsto explain why the road shall not be removed as the same was laidwithout the permission of the revenue department.
In the counter affidavit filed by the Tahsildar, Bibinagar Mandal, iti s inter alia stated that the road was laid at the instance of the existingEngineering Colleges and that the same is illegal. That the President ofMandal Parishad, Bibinagar Mandal, its Territorial Constituency Member,Gudur and the students of Engineering Colleges represented respondentNo.2 not to disturb the road with a request to permit them to use thesame. That having regard to the above representations, the matter wasreported to the District Collector, Nalgonda, respondent No.1, on07.02.2009 and that suitable instructions are awaited.
Inasmuch as the issue pertaining to the alleged unauthorizedlaying of road is stated to be engaging the attention of respondent No.1, Ideem it appropriate that the said respondent takes a decision keeping inview the public convenience.
Accordingly, respondent No.1 is directed to consider the report ofrespondent No.2 and take a decision after giving notice to the petitionerand other persons, such as, President of Mandal Parishad, Member ofMandal Parishad Territorial Constituency, Gudur. Till an appropriatedecision is taken, the existing road shall not be disturbed.
Subject to the above direction, the writ petition is disposed of.
As a sequel to disposal of the writ petition, the interim order, dated02.09.2009, granted by this Court in W.P.M.P.No.23601 of 2009, shallstand vacated and W.P.M.P.No.23601 of 2009 filed by the petitioner forinterim relief is disposed of as infructuous.
(C.V.NAGARJUNA REDDY, J)