Telangana High Court
WP/28184/2008 of Smt. Manemma (Hindu) Vs State of A.P. on 26 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 28184 of 2008 Between: Smt. Manemma (Hindu) W/o. B. Samaiah Maharajpet Gram
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE TWENTY SIXTH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKARWRIT PETITION NO : 28184 of 2008
Between:
Smt. Manemma (Hindu) W/o. B. Samaiah
Maharajpet Gram Panchayat, Shankerpally Mandal, Ranga Reddy District.
AND
..... PETITIONER
1 State of A.P. Rep. by its Principal Secretary Panchayat Raj Department, Secretariat, Hyderabad.
2 District Collector (Panchayat Wing) Ranga Reddy District Lakdi-ka-pul, Hyderabad.
.....RESPONDENT(S)
Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court will bepleased to issue Writ of Mandamus or any appropriate writ, order ordirection, declaring the action of the 1st respondent in not passing ordersin the petition filed along with appeal in Memo No.28283/Pts.II/A2/2008-3suspending the orders of the 2nd respondent in No.143/2008-B2(Pts.)dated 1-12-2008 as illegal, arbitrary, violative of principles of naturaljustice and for a consequential order to suspend the operation of the orderof the 2nd respondent in No.143/2008-B2(Pts.) dated 1-12-2008.
Counsel for the Petitioner:MR.CH.DHANAMJAYA
Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ &RURAL DEV.
The Court made the following :
Form-NIC-OGS/WP{KBJ}
HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR
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ORDER:
The petitioner herein claims to be an elected Sarpanch ofMaharajpet Gram Panchayat, Shankerpally Mandal, Ranga ReddyDistrict. On certain allegations against her, the 2[nd] respondent-District Collector (Panchayat Wing), Ranga Reddy District, passed anorder No.143/2008-B2 (Pts), dated 01-12-2008, where under the petitioner was removed from the post ofSarpanch and Upa Sarpanch was directed to take charge and send areport to the office. Questioning the said order, the petitioner filed anappeal under Section 249 (7) of the A.P. Panchayat Raj Act, 1994,before the 1[st] respondent on 04-12-2008 along with an application forstay.
2. The petitioner, however, has approached this Court on theallegation that neither the said appeal nor the application for stay isbeing taken up on account of pre occupation of the Hon’ble Minister.
3. Be that as it may, in view of averment of the petitioner thatthe Upa-Sarpanch has not assumed charge, I deem it appropriate todispose of the writ petition with the following directions:
The 1[st] respondent shall dispose of the appeal and/or the staypetition filed by the petitioner, dated 04-12-2008, questioning theimpugned order of the 2[nd] respondent-District Collector(Panchayat Wing), Ranga Reddy District, dated 01-12-2008,within four weeks, from the date of receipt of a copy of thisorder. Till such time, the status-quo existing as on today withregard to the office of Sarpanch shall be maintained.
4. With the aforesaid directions, the writ petition is disposedof. No costs.
______________________
Note:Furnish C.C. in three days. B/o. KVR
26[th] December 2008