Telangana High Court
WP/27637/2021 of Balagouni Venkatesh Goud Vs The State of Telangana on 30 December 2021
THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY , THE THIRTIETH DAY OF DECEIVBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER Between: Balagouni Venkatesh Goud, S/o Late Lingamaiah, aged 50 years Occ. Social Worker
THURSDAY ,THE THIRTIETH DAY OF DECEIVBERTWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER
WRIT PETITION NO: 27637 OF 2021
Between:
Balagouni Venkatesh Goud, S/o Late Lingamaiah, aged 50 years Occ. SocialWorker H.No.5-T3,Anno.jiguda,Pocharm Municipality, Medchal MalkajigiriDistrict.Worker H.No.5-T3,Anno.jiguda,Pocharm Municipality, Medchal MalkajigiriDistrict.
PETITIONER
AND
t. The State of Telangana, Represented by its Principal Secretary,tvlunicipal and Urban Development, Secretariat Hyderabad.tvlunicipal and Urban Development, Secretariat Hyderabad.
2. Commissioner and Director of lv'lunicipal Administration, Red Hills, HyderabadDistrictDistrict
3. The Additional Collector (Local Bodies), n,4edchat Matkajigiri District.
4. Boyapally Kondal Reddy, S/o Malla Reddy, aged.40 Years, Occ.Chairman, Pocharam Municipalty, Medchal MalkajigiriChairman, Pocharam Municipalty, Medchal Malkajigiri
5. Pocharam lVlunicipalty Represented by itsCommissioner Medchal Malkajigiri District.Commissioner Medchal Malkajigiri District.
(R5 is impleaded as for C.o.dt2511112021 in lA No 212021 |
, ..RESPONDENTS
Petition under Article 226 o'f the Constitution of lndia [praying ]that in thecircumstances stated in the affidavit filed therewith, the High Court may be [pleased]to issue an appropriate writ, order or direction more [particularly ]one in the nature ofWRIT OF MANDAMUS declaring the inaction on [part ]of the Respondents 1 to 3 intaking the action as per the Section 23(1)(a) and Section 67(1)(g) for failure to carrythe mandatory [provisions ]of the act to convene the meeting of municipal councilonce in a month in spite of enquiry being conducted as [per ]notice videLT.No.ACLB lULBl484l2021 Dated. 10512021 on 0410512021 is illegal,arbitrary, violative of the provisions of the Municipalities Act 2019, andconsequentially direct the respondent No. 3 to take necessary action for removal ofthe Chairman Pocharam tr/unicipality of lvledchal N/alkajigiri District for violating theprovisions of the Telangana Municipalities Act, lA NO: 1 OF 2021
Petition under Section 151 CPC [praying ]that in the circumstances stated [in]the affidavit filed in support of the [petition, ]the [High Court may be ][pleased]
to direct the Respondent 3 to take [action on ][the ][complaint ][d1.2610212021 ][,]submitted by the [petitioner ]as [per ]the [provisions ][of ][the ][Municipalities]Act 2019
Counsel for the Petitioner: SRI PONNAM [ASHOK ][GOUD]
Counsel for the Respondents Nos. 1 to 3 : GP [FOR MCPL ][ADMN ][URBAN]DEV (rG)
Gounsel for the Respondents No. 4 : M/S UNNAM [LAW ][FIRM]
Counsel forthe Respondents No.5 : SRI PRAVEEN KUMAR
The Court made the following: ORDER
THE HON,BLE DT. JUSTICE SHAMEEM AKTHER
WRIT PETITION No.27637 OF 2O21
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ORDER
This Writ Petition, under Article 226 of the Constitution ofIndia, is filed by the petitioner, wherein the Following prayer ismade:
"... to issue an appropriate writ, order or direction moreparticularly one in the nature of WRIT OF I\4ANDAMUSdeclaring the inaction on part of the Respondents 1 to 3in taking the action as per the Section 23(1)(a) andSection 6Z(t)(9) for failure to carry the mandatoryprovisions of the act to convene the meeting of municipalcouncil once in a month in spite of enquiry beingconducted as per notice vide Lr. No.ACLB/UIB/484/2021Dated -05-2021 on 04.05.2027 is illegal, arbitrary,violative of the provislons of the Municipalities Act 2019,and consequentially direct the respondent No.3 to takenecessary action for removal of the Chairman Pocharamtv'lunicipality of Medchal Malkajigiri District for violating theprovisions of the Telangana Municipalities Act, and topass such oth er order(s) ..."
2, Heard the learned counsel for both sides and [perused ]therecord.
2, Heard the learned counsel for both sides and [perused ]therecord.
3. Learned counsel for the [petitioner ]would submit that therespondent No.4-Chairman, Pocharam Municipality, did not conveymeeting of the subject Municipal Council between 06.11.2020 [and]06.02.202t i.e., for a [period ]of three [months, which is violative ][of]Section 23(1)(a) of the Telangana [Municipalities ][Act, ][2019 ][(for]short,r.'the lAct'). Therefore, the [petitioner submitted ][a]representation, dated 26,02.2021, to [respondent ][Nos.1 ][to ][3 ][to ][take]
action on the respondent No.4. pursuant to the same, a notice wasissued to the petitioner and respondent No.4 and enquiry wasconducted. conducted. But, thereafter, the respondent Nos.1 to 3 did not takeany action against respondent No.4, as per Section 67(1)(g) of theAct.Act.
4. On the other hand, learned Government pleader for MunicipalAdministration would submit that pursuant to the representation,dated 26.02.202I, submitted by the petitioner, enquiry wasconducted and a report, dated 74.07 .202L, was submitted byrespondent No.3 to respondent No.2.
5. As seen from the material placed on record, pursuant to therepresentation, dated 26.OZ.ZO2t, submitted by the petitioner,notices were issued to all the concerned parties and the respondentNo.3 has enquired into the matter and submitted a report, dated14.07.2021, to the respondent No.2 making certainrecommendations. However, no final action has been taken yet onthe representation, dated 26.02.2021, submitted by the petitioner.
6. Since, admittedly, no final action has been taken yet on therepresentation, dated 26.02.2A21, submitted by the petitioner, therespondent No.1 is directed to examine the subject issue and passnecessary orders, in accordance with law, within a period ofthree(3) months from the date of receipt of a copy of this order,taking the prevarence of covlD- 1g pandemic arso intoconsideration.
,
Dr.SA,JW.P.No.27637 of202l
3
7With the above direction, the Writ petition is disposed of.is disposed of.
Miscellaneous petitions, iF any, pending in this Writ petition shali stand closed" There shall be no order as to costs.
SD/-P.PADMANABHA [REDDY]ASSISTANT REGISTRAR'Wtt- ,TRUE COPY//
SECTION OFFICER
To,
1. The Principal [Secretary, Municipal ][and Urban ][Development State ][of ][Telangana']Secretariat [HYderabad.]Secretariat [HYderabad.]
2. commissioner [and Director of Municipal Administration, Red ][Hills, Hyderabad]DistrictDistrict
3. TheAdditionalCollector(LocalBodies),MedchallvlalkajigiriDistrict'i onl cc to sRl. [PONNAIM ][ASHOK GOUD Advocate ][[oPUC]]i onl cc to sRl. [PONNAIM ][ASHOK GOUD Advocate ][[oPUC]]
5. iwo CCs [to ][Gp ][FOR ][IVCPL ][ADtuN URBAN ][DEV ][(TG) ][,High Court ][for the ][State]of Telangana. [OUT]of Telangana. [OUT]
[OUT]o. One Cito [vl's ][Ur!runu ][LAW ][FlRtM, ][Advocate ][[OPUC]]
i. On. CC to SRI.PRAVEEN [KUMAR Advocate ][[OPUC]]
8. Two CD CoPies
9. One SPare [coPY]
PC
HIGH COURT
DATEDi3ol1212021
ORDERWP.No.27637 ol 2Q21
DISPOSING OF THE WRIT PETITIONWITHOUT COSTS
.al [irE ][sTA]14:t)o2 7 [Jlill ][?ffi?]5rnr