Telangana High Court
WP/23447/2004 of Sri M.M.Ananda Sagar, Vs The District Collector, on 31 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 23447 of 2004 Between: Sri M.M.Ananda Sagar, s/o M.S.V.Prasada Rao, Katrenikona Village
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANA
WRIT PETITION NO : 23447 of 2004
Between:
Sri M.M.Ananda Sagar, s/o M.S.V.Prasada Rao, Katrenikona Village & Mandal, East Godavari District.
AND
..... PETITIONER
1 The District Collector, East Godavari District, Kakinada.
2 The District Panchayat Officer, East Godavari District, Kakinada.
3 Sri K.Sudhakar,
o/o The District Panchayat Officer, East Godavari District, Kakinada.
4 Sri P.Vishwaroop, s/o Reddy Panthulu,
Assembly, Mummidivaram Legislative constituency, r/o Nadavapally, Katrenikona Mandal, East Godavari District.
5 Sri P.Venkata Rao, s/o Pattabhi,
Katrenikona Gram Panchayat, East Godavari District.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue an appropriate writ, order or direction, one in the nature of mandamusdeclaring the order of the 1st respondent in Roc.No.5009/2003/A11 dated 1-12-2004, placing the petitioner under suspension from the post of Sarpanch,Katrenikona Gram Panchayat, as arbitrary, illegal, malafide, without application ofmind, colourable exercise of power and consequently set aside the same.
Counsel for the Petitioner:MR.C.V.MOHAN REDDY
Counsel for the Respondents 1 and 2: GP FOR PANCHAYAT RAJ & RURALDEV.
Counsel for the Respondent Nos.3 and 4: None.
Counsel for the Respondent No.5: Sri Ghanta Ramarao.
The Court at the admission stage, made the following:
HONOURABLE SRI JUSTICE N.V.RAMANA
WRIT PETITION NO. 23447 of 2004
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ORAL ORDER:
The petitioner is the Sarpanch of Katrenikona Gram Panchayat, EastGodavari District. Assailing the order dated 1-12-2004, passed byrespondent No.2-District Panchayat Officer, purporting to be oneunder Section 249(6) of the A.P. Panchayat Raj Act, 1994, placinghim under suspension for a period of three months, he filed the writpetition. It is his grievance that the impugned order has been passedat the instance of respondent Nos. 3 to 5, who are inimical to him.
On 16-12-2004, this Court while ordering notices to theunofficial respondents, namely respondent Nos. 3 to 5, suspendedthe impugned order for a limited period upto 20-12-2004 and laterextended it.
Heard the learned counsel for the petitioner, the learnedGovernment Pleader for Panchayat Raj for respondent Nos. 1 and 2and the learned counsel for respondent No. 5, who also filed counter.During the course of arguments, the learned counsel for the petitionersubmitted that since the enquiry into the allegations made against thepetitioner proposed to be conducted on 30-12-2004, could not beconducted in view of the interim orders passed by this Court, theenquiry may be completed and the petitioner is ready and willing toparticipate and co-operate in the enquiry, but submits that the enquirybe conducted by an officer of the Panchayat Raj Department, notfrom East Godavari District, but from any other neighbouring District.The learned Government Pleader for Panchayat Raj appearing onbehalf of respondent Nos. 1 and 2, and the learned counsel forrespondent No.5, also agreed to the stand taken by the learnedcounsel for the petitioner, and consented for disposal of the writ petition with the following directions:
petition with the following directions:
Respondent No. 1-District Collector, shall conduct an enquiryinto the allegations made against the petitioner by an officer of thePanchayat Raj Department, working in Krishna District. The EnquiryOfficer, so appointed shall intimate the date of enquiry to thepetitioner, and after conducting the enquiry, he shall submit his reportto the District Collector. Thereupon, the District Collector shall issuenotice to the petitioner calling for his explanation, and thereafter, is atliberty to pass appropriate orders in the matter. In view of the agreedstand taken by all the counsel, the impugned order of suspension,passed against the petitioner, is set aside.
The writ petition is accordingly disposed of. No costs.
____________________
December 31, 2004 (N.V.RAMANA, J)KSR/KVR
To
2. The District Panchayat Officer, East Godavari District, Kakinada.
3. Two CCs to G.P. for Panchayatraj and Rural Development, High Court of A.P., Hyderabad (OUT)
4. Two C.D. copies.
THE HON'BLE MR JUSTICE N.V. RAMANA
WRIT PETITION NO : 23447 of 2004
31-12-2004