Telangana High Court
WP/27366/2005 of Nalagarla Tirupathi Swamy, Vs The Sarpanch, Gram panchayat, Vallur, Tanguturu Mandal, on 28 December 2005
SRI JUSTICE V.V.S.RAO WRIT PETITION No.27366 of 2005 28.12.2005 Between: Nallagorla Tirupathi Swamy, S/o.Subbarao … Petitioner AND The Sarpanch, Gram Panchayat, Vallur, Tangutur Mandal, Prakasam District And others … Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT
THE HON’BLE SRI JUSTICE V.V.S.RAO
WRIT PETITION No.27366 of 2005
28.12.2005
Between:
Nallagorla Tirupathi Swamy, S/o.Subbarao
AND
The Sarpanch, Gram Panchayat, Vallur,
Tangutur Mandal, Prakasam District
And others
… Petitioner
… Respondents
THE HON’BLE SRI JUSTICE V.V.S.RAO
WRIT PETITION No.27366 of 2005
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ORDER:
The petitioner is resident of Vallur village of Tangutur Mandal in Prakasam District.He obtained necessary permission from Bharath Sanchar Nigam Limited (BSNL) forinstalling STD booth at Vallur and set up the same in government land admeasuringan extent of 15 Sq.yards. According to the petitioner, the telephone booth is situatedat the extreme end of road margin on National Highway (NH)-5. It is further allegedthat though the land does not belong to Vallur Gram Panchayat, on 19.12.2005, thesarpanch of the Gram Panchayat and the officials of the third respondent attemptedto dismantle the structure without due process of law. Therefore, he seeks a writ of Mandamus declaring the action of the third respondents in attempting to demolishthe petitioner’s telephone booth as illegal and arbitrary.
The matter was listed before this Court on 23.12.2005 and the same was adjournedto enable the learned Assistant Government Pleader for Panchayat Raj and learnedStanding Counsel for Gram Panchayats to get instructions in the matter. After gettinginstructions in the matter, they submit that the Special Deputy Collector (LandAcquisition), NH-5, instructed the third respondent to take immediate necessarysteps for removal of the telephone booth, which is causing obstruction to publicmovement and creating unhygienic conditions, as the petitioner is running a tea stalland tiffin center encroaching upon NH-5. It is also stated that the Gram Panchayathas passed a resolution to take immediate steps for removal of encroachments. It isfurther submitted that the telephone booth is not removed. Therefore, instead ofkeeping the matter pending, the writ petition is disposed of giving liberty to the firstrespondent to issue notice under Section 98 of A.P. Panchayat Raj Act, 1994 beforetaking necessary steps for removal of the telephone booth set up by the petitioner.
The writ petition, with the above observations and directions, is accordinglydisposed of. No costs.
December 28, 2005. (V.V.S. RAO,J)
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