Telangana High Court
WP/26702/2006 of Sri P.Chandra mohan Vs The District Panchayat Officer, on 22 December 2006
SRI JUSTICE P.S.NARAYANA WRIT PETITION No.26702 of 2006 DATED: 22.12.2006 Between: Sri P.Chandra Mohan … Petitioner and The District Panchayat Officer, Krishna District and others ...Respondents THE HON’BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No.26702 of 2006 ORDER: The
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Conclusion
THE HON’BLE SRI JUSTICE P.S.NARAYANA
WRIT PETITION No.26702 of 2006
DATED: 22.12.2006
Between:
Sri P.Chandra Mohan
and
…
Petitioner
The District Panchayat Officer, Krishna District and others
...Respondents
THE HON’BLE SRI JUSTICE P.S.NARAYANA
WRIT PETITION No.26702 of 2006
ORDER:
The matter is coming up for admission. Learned AssistantGovernment Pleader for Panchayat Raj takes notice on behalf ofRespondent No.1. Sri M.Prabhakar Rao takes notice on behalf ofRespondent No.2.
The Writ Petition is filed for a Writ of Mandamus declaring theorder passed in ROC.No.106, dated 26.09.2006, issued by respondentNo.2 as illegal, arbitrary, in violation of Principles of Natural Justiceand to pass such suitable orders.
Several factual details are narrated in para Nos.3,4,5,6 and 7 ofthe affidavit filed in support of the Writ Petition. The main grievance of the Writ Petitioner is that respondent No.2 had issued proceedings,dated 26.09.2006, where under though styled as notice, the saidauthority already had arrived at conclusion that the petitioner is anencroacher and hence, the same is violative of Principles of NaturalJustice.
In the facts and circumstances of the case without expressingany further opinion, this Court is inclined to dispose of the Writ Petitionpermitting the petitioner to treat the same as show cause notice andthe petitioner is also at liberty to submit his explanation by raising allthe objections within a period of three weeks from the date of receipt ofa copy of this order, and respondent No.2 to consider such objections,which may be raised by the petitioner and take appropriate decision inthis regard, and till this exercise is made, status quo to be maintained.
Accordingly, the Writ Petition is disposed of. No order as tocosts.
Dt:22.12.2006Note: Issue wire at parties costs. B/o vv/bsb __________________
(P.S.NARAYANA, J)