Badavath Rambabu v. The State Of Telangana

HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 4174 of 2018 ORDER:

The Writ Petition is filed challenging the inaction on the part of respondent Nos.4 and 5 in considering the petitioner's representations dated 27.01.2018 and 29.01.2018.

It is the case of the petitioner that respondent No.2 had directed all the District Collectors in the State to furnish information with respect to various Gram Panchayats for taking necessary action to bifurcate/create Gram Panchayats.

Petitioner contends that the respondents, without following the procedure prescribed under the Telangana Panchayat Raj Act, 1994 (the Act), are undertaking bifurcation of the villages and, in the process, failed to consider his representations dated 27.01.2018 and 29.01.2018.

Heard the learned counsel for the petitioner and Sri G.Narender Reddy, learned Standing Counsel for respondent No.5.

It is a case where the petitioner filed writ petition only on apprehension. A careful reading of the communication addressed by respondent No.2 to respondent No.3 discloses that the government, in order to examine the possibility of creating new Gram Panchayat, had sought information

from the District Collectors. In other words, as on date, respondents have not initiated any proceedings nor taken any action, and mere calling for information cannot be a ground for filing writ petition. In that view of the matter, the writ petition is closed.

Since the writ petition is premature, and bifurcation of Gram Panchayats involves prescribed procedure to be followed under the Act and, since, at each stage, every citizen has certain rights, as and when any action is taken, the petitioner is at liberty to file his objections which shall be considered in accordance with law.

Consequently, miscellaneous petitions pending, if any, shall stand dismissed. No order as to costs. ____________________________ CHALLA KODANDA RAM,J Date: 12.02.2018 usd