Telangana High Court

WP/33830/2010 of S.Penchalaiah Vs The District Collector on 31 December 2010

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MR JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.33830 of 2010 DT.31.12.2010 Between: S.Penchalaiah … Petitioner And The District Collector, Nellore, SPSR Nellore District and others … Respondents Counsel for the Petitioner: Sri P.Sridhar Reddy Counsel for respondent Nos.1 to 3:

THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY

Writ Petition No.33830 of 2010

DT.31.12.2010

Between:

S.Penchalaiah

And

… Petitioner

The District Collector, Nellore, SPSR Nellore District and others… Respondents Counsel for the Petitioner:Sri P.Sridhar Reddy Counsel for respondent Nos.1 to 3: AGP for Civil SuppliesThe Court made the following ORDER:

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ORDER:

The grievance of the petitioner in this writ petition is that the stayapplication filed by him in the revision petition filed against order, dated25.09.2010, passed by respondent No.2, is not being disposed of.

At the hearing, Sri P.Sridhar Reddy, learned counsel for the petitioner,submitted that the observations made by respondent Nos.2 and 3 in theirorders on the petitioner’s right to question the notification are contrary to theFull Bench Judgment of this Court in M.Vanaja v. B.Balaseshanna andothers[[1]].

In my opinion, this aspect need not be gone into by this Court at thisstage, as the petitioner has already availed the remedy of revision. ThisCourt has no manner of doubt that respondent No.1 will deal with this aspect when raised by the petitioner and decide the same in accordance with law.

Accordingly, the writ petition is disposed of with a direction torespondent No.1 to dispose of the revision petition, within a period of onemonth from the date of receipt of a copy of this order, after giving notice andopportunity of being heard to the petitioner.

As a sequel to disposal of the writ petition, W.P.M.P.No.42850 of2010 filed by the petitioner for interim relief is disposed of as infructuous.

Date:31.12.2010Note: Issue CC in one week.

(b/o)VGB

(C.V.NAGARJUNA REDDY, J)

[1]2008(1) ALT 520

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