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High Court for State of TelanganaWP/6102/2017disposed of no costs

B. Vijaya Bhaskar Reddy, v. The State Of Andhra Pradesh,

2017-08-30S.V.Bhatt2 pages

HON'BLE SRI JUSTICE S.V. BHATT W.P. No.6102 OF 2017 ORDER:

Heard Mr.Ramachandra Reddy for petitioner, Government Pleader for Panchayat Raj for respondents 1 to 4, standing counsel for respondents 5 and 6 and Mr.Surendra Reddy for respondents 7 and 8.

The petitioner challenges public auction notice dated 13.02.2017 proposing to conduct auction of " Thumma trees" in Chadalla Pedda Cheruvu, Chadalla Village, Punganur Mandal, Chittoor District, as illegal, arbitrary and contrary to the Panchayat Raj Act.

The counsel appearing for the parties have made several submissions on the necessity of auctioning the trees, necessity to augment the revenue and not taking permission from the competent authority etc. However, Mr.Ramachandra Reddy counsel for petitioner submits that these aspects cannot be conveniently examined by this Court under Article 226 of the Constitution of India and that petitioner is satisfied, if a direction is issued to District Panchayat Officer/ respondent No.3 to consider and dispose of representation dated 17.02.2017. The alternative submission of Mr.Ramachandra Reddy is not opposed by the opposing counsel. The statement is placed on record and the writ petition is disposed of by this order:

Petitioner is given liberty to re-submit the representation by enclosing a copy of this order within three weeks from today. The DPO/ 3rd respondent is directed to examine the representation dehors the stand taken in the counter affidavit filed in the writ petition, take note of each one of the objections and dispose of the representation within a further period of three weeks therefrom. The interim order granted on 21.02.2017 is directed to be maintained for a period of six weeks from today.

No order as to costs.

Miscellaneous petitions pending, if any, shall stand closed. ___________ S.V.BHATT, J Date: 30.08.2017 Stp