Deepla Naik v. The State Of Telangana , Rep. By The Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE TWENTY NINETH DAY OF JUNE TWO THOUSAND AND FIFTEEN

Present

Between:

Deepla Naik, S/o. Laxman Naik, Aged about 44 years, Occ: Surpanch, Gram Panchayat Kalher, Village and Mandal, Kalher, Medak District.

.. Petitioner AND The State of Telangana, Rep. by the Principal Secretary, Panchayat Raj Department, Secretariat, Hyderabad & 4 others .. Respondents The Court made the following:

ORDER:

By order, dated 07.03.2015, the District Collector, Medak at Sangareddy (2nd respondent) removed the petitioner from the post of Sarpanch, Kalher Gram Panchayat in Medak District. Aggrieved thereby, the petitioner filed appeal before the Government i.e., the 1st respondent on 19.03.2015 under Section 249(7) of the Andhra Pradesh Panchayat Raj Act, 1994, and it was assigned Appeal No.C/2994/PT/S1/A2/2015. The petitioner also sought for grant of interim suspension on the order of removal.

The petitioner's grievance is that even after three months, so far no orders are passed on the appeal and hence, this writ petition.

2. Learned counsel for the petitioner submits that it is illegal on the part of the appellate authority not to consider the appeal immediately after the same was filed. Learned counsel for the petitioner further submits that the petitioner was heard on two to three occasions at his instance, but no formal dates are fixed for hearing and no orders are passed though he promised to pass orders, as early as possible. Such action of the first respondent is wholly illegal and contrary to the mandate of the Andhra Pradesh Panchayat Raj Act, 1994.

3. Having regard to the fact that the appeal filed by the petitioner on 19.03.2015 is stated to be pending before the first respondent, it is desirable to direct the first respondent to consider the said appeal and pass orders and within a fixed time frame.

4. Therefore, the Writ Petition is disposed of directing the first respondent to consider the appeal of the petitioner, dated 19.03.2015, against the order of removal of Sarpanch, passed by the District Collector, Medak at Sangareddy (2nd respondent), on 07.03.2015, as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. _________________ P.NAVEEN RAO, J Date: 29th June, 2015 KL

Date: 29th June, 2015

KL