Mohd Hussain v. Gurajada Gram Panchayat

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION NO:18323 OF 2010 ORDER:

1. This writ petition is filed seeking to declare the impugned N bearing RC No.29/2010 dated 17.7.2010 issued by the respondent Section 102 of the A.P. Panchayat Raj Act, 1994, as arbitrary and illega consequently, to set aside the same.

2. The impugned notice was issued directing the petitioner to re Palmyra trees and haystack within three days from the date of receipt notice.

3. The grievance of the petitioner is two fold, the first of which i since the respondent herein was impleaded as a party to the Civil Sui O.S.No.52 of 2008 filed by him for declaration, the notice impugned h was issued by the respondent with a mala fide intention. Secondly, it grievance of the petitioner that as the civil suit is pending with rega property, in which the trees are situated, the respondent-authority shou have issued the notice impugned herein.

4. The respondent filed a counter stating that there is no ma intention in issuing the notice impugned, and even though the civil sui pending between the parties, being the authority, the Grampanchaya issue notice invoking the provisions under Section 102 of the Panchaya Act. Further, it is stated in the counter that in case the petitioner is aggr by the notice impugned, he is at liberty to avail an alternative remedy t available under the provisions of Section 128 of the Panchayat Raj Act.

5. Heard and perused the material available on record.

6. Having regard to the facts and circumstances of the case, w expressing any opinion on the merits of the case, the writ petiti disposed of with the following directions:

a) The petitioner is at liberty to prefer an appeal, if so advised before the appropriate authority under Section 128 of the Panchayat Raj Act, within a period of 30 days from the date of receipt of a copy of this order.

b) On such appeal being filed, the authorities concerned shall dispose of the same as expeditiously as possible. c) It is made clear that the interim order passed by this Court on 28.7.2010 while issuing notice before admission of the writ petition, shall continue till the disposal of the appeal, if any filed within the stipulated time. It is further made clear that the appellate authority concerned shall decide the issue in accordance with law, without being influenced by this order. No order as to costs. Consequently, the miscellaneous petitions pend any, shall stand closed.

________________ Justice Raja El Date:19.1.2015 NN HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION NO:18323 OF 2010

DATE:19.1.2015.

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