Nallamilli Shankara Narayanareddy, v. The State Of Andhra Pradesh Rep By Its Prl Secretary,

THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO.35715 OF 2015 DATED:19-01-2016 Between:

Nallamilli Shankara Narayanareddy and others ... Petitioners And The State of Andhra Pradesh Rep. by its Principal Secretary Panchayat Raj & Rural Development Secretariat Hyderabad and others ... Respondents ... Respondents COUNSEL FOR THE PETITIONERS: Mr. T.V. Jaggi Reddy COUNSEL FOR RESPONDENT NOs.1 to 4: A.G.P. for Panchayat Raj (AP) COUNSEL FOR RESPONDENT NO.5 : Mr. Ravi Cheemalapati THE COURT MADE THE FOLLOWING:

ORDER:

This writ petition is filed for a mandamus to declare the action of the respondents in constructing new panchayat building in Merlapalem Village, Attreyapuram Mandal, East Godavari District, at old panchayat building site, by cancelling Resolution No.58, dt.24.4.2015, as illegal and arbitrary.

From the prayer in the writ petition itself it is evident that Resolution No.58, dt.24.4.2015, was cancelled by respondent No.5, which necessarily means that a fresh resolution was passed cancelling the earlier resolution. However, for the reasons best known to the petitioners, the fresh resolution, which cancelled the earlier resolution, has not been specifically questioned, nor the same has been filed. In my opinion, unless the legality or otherwise of the later resolution is called in question, no mandamus, as sought by the petitioners, can be issued. On this short ground alone, the writ petition is dismissed. As a sequel to dismissal of the writ petition, W.P.M.P. No.45900 of 2015 shall stand disposed of as infructuous.

_______________________ C.V. NAGARJUNA REDDY, J 19-01-2016 bnr