Telangana High Court
WP/24549/2004 of T. Rama Devi W/o Rajeshwar Rao Vs The District Level Committee, rep by Chairperson, 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: 24549 of 2004 Between: T. Rama Devi W/o Rajeshwar Rao R/o 12-7-34/1, S.V. N. Road,
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. RAMANA
WRIT PETITION NO: 24549 of 2004
Between:
T. Rama Devi W/o Rajeshwar Rao
R/o 12-7-34/1, S.V. N. Road, Warangal, Warangal District
AND
... PETITIONER
1 The District Level Committee, rep by Chairperson, Warangal 2 The District Collector Warangal District, Warangal 3 The Joint Collector, Warangal District Warangal 4 The District Panchayat Officer, Warangal District, Warangal
...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 Writ one in the nature of Writ of Mandamus, declaring action of the1st respondent in not considering my appeal representation dt 24-07-2004 forrefunding the deposit amount of Rs. 10,00,000/- for participating in the auction heldon 27-12-2002 for eturunagaram Reach, Eturunagaram Village & Mandal, WaragnalDistrict as arbitrary, illegal, unjust and violative of principles of natural justice andconsequently direct the respondents to consider my representation.
Counsel for the Petitioner: SMT.N.SHOBA
Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEV.
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 not considering the petitioner’s representation dated 07-12-2004 forrefund of the deposit amount of Rs.10,00,000/- for participating in the auction held on27-12-2002 for Euturnagaram Reach, Warangal District, as arbitrary and illegal.
2. Heard the learned counsel for the petitioner and the learned Government Pleaderfor Panchayat Raj & Rural Development, appearing on behalf of the respondentsand with their consent, the writ petition is being disposed of at the admission stage.
3. It is the case of the petitioner that the District Level Committee (sand) had issuednotification dated 10-12-2002 for sealed tenders cum public auction of sand quarriesat Eturunagarm Reach and Mangapet Reach, scheduled on 27-12-2002. It is statedthat petitioner authorized her agent to participate on her behalf, but no auction wasconducted on the scheduled date. It is further stated that when petitioner enquiredthe District Panchayat Officer about the date of auction and further details, on 06-01-2003, it was informed that a case in C.C.No.1471 of 2002 is pending on the file ofthis Court and that tenders will be finalized after disposal of the said case.Thereafter, when petitioner represented the authorities to grant her temporary permit,her case was not considered. Thereafter, when the said reach was again notified on12-05-2003, petitioner filed W.P.No.10259 of 2003, which was disposed of by thisCourt to consider the representation of the petitioner.
4. While things stood thus, the District Collector passed orders in MemoNo.2521/A4/2003 dated 13-10-2003 to forfeit 25% of the upset price ofRs.10,00,000/-. Aggrieved by the same, petitioner said to have made representationdated 24-07-2004 for return of Rs.10,00,0000/-, to the first respondent, but no actionwhatsoever has been taken on the same.
5. Inasmuch as the representation of the petitioner dated 13-10-2003 is pending on the file of the first respondent, I deem it appropriate todispose of the writ petition with a direction to the first respondent to consider the saidrepresentation of the petitioner and dispose of the same, expeditiously, in
6. The writ petition is accordingly disposed of at the admission stage.
_________________N.V. RAMANA, J
December 29, 2004MRR / SVV
ASSISTANT REGISTRAR
// TRUE COPY //
SECTION OFFICER
Copy to:
1 The District Level Committee, rep by Chairperson, Warangal 2 The District Collector Warangal District, Warangal
3 The Joint Collector, Warangal District Warangal 4 The District Panchayat Officer, Warangal District, Warangal 5 Two C.C. s to the G.P. for Panchayat Raj & Rural Development, High Court Buildings, Hyderabad 6 Two C.D. Copies.