Telangana High Court
WP/24428/2004 of Smt. K. Sharada,a Vs The Commissioner, Panchayat Raj, on 28 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO.24428 of 2004 Between: Smt. K. Sharada, w/o Kishan, Occupation Sarpanch, Resident of
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE SRI JUSTICE N.V. RAMANA
WRIT PETITION NO.24428 of 2004
Between:
Smt. K. Sharada, w/o Kishan, Occupation Sarpanch, Resident of Chebarthi village, Jagadevpur Mandal, Medak District.
..... PETITIONER
AND
1. The Commissioner, Panchayat Raj, Panchayatraj Bhavan, Himayathnagar,Hyderabad.Hyderabad.
2. The District Collector, Panchayat Raj Wing, Medak at Sangareddy.
....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 a Writ, order or direction more particularly one in the nature of Writ ofMandamus declaring the order in Proceedings No.1141/2004/A2 PAN, dated29.11.2004 passed by the 2[nd] respondent as illegal, arbitrary.
Counsel for the Petitioner: MR.B.VIJAYSEN REDDY
Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEV.
The Court, at the admission stage, made the following:
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ORDER:
The petitioner challenges the impugned order dated 29.11.2004 of the 2[nd]respondent-District Collector (Panchayat Raj Wing) in ProceedingsNo.1141/2004/A2 PAN, whereby the petitioner was suspended from the post ofSarpanch, Chebarthy village, Jagadevpur Mandal, Medak District, for certainfinancial irregularities alleged to have been committed by her. It is stated that againstthe said impugned order the petitioner has preferred an appeal along with staypetition before the 1[st] respondent-Commissioner, Panchayat Raj on 18.12.2004,but, the 1[st] respondent has not passed any orders so far. Hence, the writ petition.
Heard the learned counsel for petitioner and learned Government Pleader forPanchayat Raj. Both counsel agreed to dispose of the writ petition at the admissionstage itself with a direction to the 1[st] respondent-Commissioner to dispose of theappeal filed by the petitioner.
Having regard to the facts and circumstances of the case, without going into themerits of the matter, I deem it appropriate to dispose of the writ petition with adirection to the 1[st] respondent-Commissioner to consider the appeal and stayapplication, said to have been filed by the petitioner, and pass appropriate orders in accordance with law. Till then status quo obtaining as on today shall be maintained.
With the above direction, the writ petition is disposed of at the admission stage. Nocosts.
Date: 28.12.2004Nsr/Tvk
________________
(N.V. RAMANA, J)
..... REGISTRAR
// TRUE COPY //
SECTION OFFICER
To
1. The Commissioner, Panchayat Raj, Panchayatraj Bhavan, Himayathnagar, Hyderabad.
2. The District Collector, Panchayat Raj Wing, Medak at Sangareddy.
3. Two CCs to GP for Panchayat Raj and Rural Development, High Courtof AP, Hyderabad (OUT)of AP, Hyderabad (OUT)
4 Two CD copies.