Telangana High Court
WP/24604/2004 of Tirumalasetti Koteswaramma, Vs The District Collector, 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: 24604 of 2004 Between: 1 Tirumalasetti Koteswaramma, W/o Venkateswarlu, Kolakaluru
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. RAMANAWRIT PETITION NO: 24604 of 2004
Between:
1 Tirumalasetti Koteswaramma, W/o Venkateswarlu, Kolakaluru Gram Panchayat, R/o Kazipet, Kolakalauru Village, Tenali Mandal, Guntur District. 2 Gadde Dhanalakshmi, W/o Hanumamtha Rao, Kolakaluru Gram Panchayat, R/o Kazipet, Kolakalauru Village, Tenali Mandal, Guntur District.
AND
... PETITIONERS
1 The District Collector, Panchayat Raj Wing, Guntur.
2 The District Panchayat Officer, Guntur.
3 Government of Andhra Pradesh, Rep. by Principle Secretary of Panchayat Raj, Secretariat, Hyderabad.
...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 action of the 1st respondent in shifting the KolakaluruGram Panchayat building from the present place i.e., heart of the village to a remotearea of the village proceedings of Collector (Panchayat Raj Wing), Guntur inL.Dis.NO. 8458/2003-G3, dt. 28-2-2004 is illegal and void and without power or authority and consequently todirect the respondents not to shift the Kolakaluru Gram Panchayat Building to anyother new place.
Counsel for the Petitioner: MR.MUMMANENI.SRINIVASA RAOCounsel 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 Writ of Mandamus declaring the action of the firstrespondent in shifting the Kolakaluru Gram Panchayat building from the presentplace, i.e. heart of the village to a remote area of the village vide proceedings ofCollector (Panchayat Raj Wing), Guntur in L.Dis.No.8458/2003-G3 dated 28-02-2004 as illegal and void and to direct the respondents not to shift the saidbuilding.
2. Heard the learned counsel for the petitioners and the learned GovernmentPleader for Panchayat Raj and Rural Development appearing on behalf of therespondents and with their consent, the writ petition is being disposed of finally atthe admission stage.
3. As against the impugned order dated 28-02-2004 vide L.Dis.No.8458/2003-G3passed by the first respondent – District Collector, according sanction to theKokalkalur Panchayat to construct a new office building in S.No.935 and 929-4 ABin Ac.0.03 cents with an estimated cost of Rs.5,70,000/-, petitioners said to havefiled revision petition under Section 264 of the Panchayat Raj Act, 1994 (for short‘the Act’) before the third respondent - Principal Secretary of Panchayat Raj, and thesame is pending on his file.
4. In the circumstances, the writ petition is disposed of directing the third respondent– Principal Secretary, to consider the revision and the stay application said to havebeen filed by the petitioners and pass appropriate orders either on the stayapplication or the revision petition, expeditiously, in accordance with law. Tillpassing of such orders, status quo obtaining as on today shall be maintained.
The writ petition is accordingly disposed of.
____________________N.V. RAMANA, JDecember 29, 2004NOTE: Furnish copy in three days(B/o)MRR / SVVASSISTANT REGISTRAR// TRUE COPY //SECTION OFFICERCopy to:1 The District Collector, Panchayat Raj Wing, Guntur.2 The District Panchayat Officer, Guntur.3 Government of Andhra Pradesh, Rep. by Principle Secretary ofPanchayat Raj, Secretariat, Hyderabad.4 Two C.C. s to the G.P. for Panchayat Raj and Rural Development, High CourtBuildings, Hyderabad (OUT)5 Two C.D. Copies.