The Gram Panchayat v. The Panchayat Secretary

[ 3302 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF DECETUBER TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE SRI JUSTICE K. SARATH wRtT PET|TION NO.1639s OF 2011 Between:

The Gram Panchayat, Poodur Village, Medchal Mandal, R.R. District. Rep. by its Sarpanch, Mr. N. Narasimha Reddy.

...PETITIONER AND

1. The Pancha Poodur, R.R.

yat Secretary, Gram Panchayat, Poodur, Medchal Mandal, District.

2. The Commissioner Panchayat Raj and Rural Employment, Government of Andhra Pradesh Secretariat, Hyderabad.

3. Mr. Talla Muralidher Reddy, S/o. T. Sanjeeva Reddy Business Rl/o. Poodur Village, Medchal Mandal, R.R. District.

...RESPONDENTS Petitlon under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 1st Respondent in stopping construction of 90 KL Over Head Storage Reservoir water tank, in the Gram Kantam land of Poodur Village, Medchal Mandal, R.R. District, as per letter dt. 19-05-2011, being illegal, arbitrary, without jurisdiction being contrary to Sec. 30 and 32 of Andhra Pradesh Panchayat Raj Act, 1994, and consequently direct the respondent to implement the Resolution of the Writ Petitioner dt. 6-04-201 1, forthwith in the interests of justice.

l.A. NO: 2 OF 2011(WPM P. NO: 19665 0F 2011) Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in suppo( of the petition, the High Court may be pleased to stay the letter dt' 19'os-2o11 of the 1st Respondent, pending disposar of the above Writ petitioner, in the interests of justice. l.A. NO: 1OF 2011 WVM P. NO: 2363 OF 20111 Between:

Talla Muralidhar Reddy, S/o.. T. Sanjeeva Reddy, Aged about 25 years, Occ: Business, Rl/o. Poodur Village, Medchal'Mandal, C.-i. drstnct. AND ....pETtTtONERy3.d RESPoNDENT

1. The Gram panchavat, poodur Village, Medchal Mandal, R.R. District. Rep. by its Sarpanch, Mr. l.i. Narasimna nejjv.' ---""' " ... RESPON DENTA,VRIT PETITIONE R Gram Panchayat, poodur, Medchal Mandal,

2. Ihe Panchayat Secretary, Poodur, R.R. District.

3. Ihq Commissioner panc.hayat faj and Rural Employment, Govemment of Andhra Pradesh Secretariat,- HyOeriOaO.

...RESPONDENTS/RESPONDENTS Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to vacate the interim order dated 16.06.2011 made in w.p.M.p.No.19665 of 2o11 in W.P.No.16395 ot 2O11.

Counsel for the Petitioner: SRI pOTTIGARI SRTDHAR REDDY Counsel for the Respondent No.1: SRI KISHORE RAO PUSKURU, S.C. FOR TS ZILLA PARISHADS Counsel for the Respondent No.2: Gp FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT Counsel for the Respondent No.3: SRI p. VENUGOPAL The Court made the following: ORDER

r THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITIONNo.l6 207t 395 of ORDER:

Today when the matter is taken up for hearing the Iearned Standing Counsel for petitoner submits that the cause in the present Writ petition does not sunive and thereby the Writ petition has become infructuous. 2.

Recording the aforementioned submission, the Writ Petition is dismissed as infructuous.

3. As sequei to it, Miscellaneous petitions pending, if any, shall stand closed. No order as to costs. II t I SD/. K. VENKAIAH //rRUE cOPYil AsslsrANr *sP*o* To, sEcTloN oFFICER

1. One CC to SRt pOTTtGARt SRIDHAR REDDY, Advocate tOpUCl 2' one cc to SRr KrsHoRE RAo pusKURU, s.c. for TS Zira parishads IoPUCI 3' T\^/o ccs to Gp for panchayat Raj-and Rurar Deveropment, High court for the State of Tetangana at HydeiabaO.'tOUt'- - -"

4. One CC to SRt p. VENUGOPAL, Advocate tOpUCl

5. Two CD Copies I MP GJP k\$'

HIGH COURT DATED:2911212023 1EI.AN s t oul o .!f (, E6 t-LJ Qc"J a UJrfdou, *

ORDER

c rt9q$ WP.No.16395 of 2011 DISMISSING THE WRIT PETITION AS INFRUCTUOUS WITHOUT COSTS >.