Telangana High Court
WP/24805/2004 of Upparpalli Gram Panchayat Vs The Chief Executive Officer, on 30 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO.24805 of 2004 Between: Upparpalli Gram Panchayat rep by its Sarpanch Smt.Ande Parvathi
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE SRI JUSTICE N.V. RAMANAWRIT PETITION NO.24805 of 2004
Between:
Upparpalli Gram Panchayat rep by its Sarpanch Smt.Ande Parvathi Chennaraopet (M), Warangal Dist.
..... PETITIONER
AND
1 The Chief Executive Officer, Zilla Parishad,Warangal Dist.
2 The Mandal Parishad Development Officer, Chennaraopet (M), Warangal Dist.
.....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 particularly one in the nature of writ of mandamusdeclaring the impugned proceedings No.N1/3784/2004 dt 29-10-2004 unilaterallycanceling the already sanctioned works in favour of the petitioner Gram Panchayatvide office proceedings No.N.1/3311/04 dt 16-10-2004 as totally arbitrary, illegal andwithout jurisdiction and violative of the principles of natural justice and consequentlyset aside the same with all consequential benefits.
Counsel for the Petitioner: MR.S.LAKSHMA REDDY
Counsel for the Respondents: SMT. JYOTHI ESWAR GOGINENI
The Court, at the admission stage, made the following:
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ORDER:
Heard the learned counsel for petitioner and learned Standing Counsel forRespondents.
The grievance of the petitioner-Gram Panchayat in this writ petition is that the worksanctioned earlier in favour of the petitioner-Gram Panchayat by the 1[st] respondent-Chief Executive Officer, Zilla Parishad vide proceedings No.N.1/3311/04, dated16.10.2004 was cancelled and diverted to some other area by the 1[st] respondentvide proceedings No.N1/3784/2004, dated 29.10.2004 based on the letter dated28.10.2004 addressed by the 2[nd] respondent-Mandal Parishad DevelopmentOfficer. It is stated that the petitioner-Gram Panchayat made a representation dated30.10.2004 to the first respondent requesting him not to cancel the earliersanctioned work and the 1[st] respondent in turn called for the report in the matter fromthe 2[nd] respondent and the matter is seized by the 1[st] respondent for takingappropriate decision.
Having regard to the fact that on the representation made by the petitioner-GramPanchayat dated 30.10.2004, Admittedly, pursuant to the representation of the petitioner dated 30-10-2004,the 1[st] respondent-Chief Executive Officer has already called for a report from the2[nd] respondent-Mandal Parishad Development Officer to take appropriate action inthe matter, and the matter is seized up with the first respondent. Hence, withoutgoing into merits of the matter, I deem it appropriate to dispose of the writ petition, with the following direction:
The 1[st] respondent-Chief Executive Officer is directed to obtain thenecessary report from the second respondent and to consider the same and passappropriate orders, in accordance with law within a period of two weeks from thedate of receipt of a copy of this order.Accordingly, the writ petition is disposed of at the admission stage. No costs.
______________(N.V. RAMANA, J)
Date: 30.12.2004Nsr/Tvk
.... REGISTRAR
To
// TRUE COPY //SECTION OFFICER
1 The Chief Executive Officer, Zilla Parishad,Warangal Dist.2 The Mandal Parishad Development Officer, Chennaraopet (M),Warangal Dist.3 Two CD copies.