Kondapalliu Putra Rao v. The Government Of Andhra Pradesh

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.6093 OF 2012 ORDER:

Heard learned counsel for the petitioner, learned Government Pleader for Panchayat Raj appearing for respondents 1 to 3, Sri Ch. Ravi, learned Standing Counsel appearing for respondent No.4 and Sri S. Subba Reddy, learned counsel appearing for respondent No.5.

This Writ Petition is filed challenging the proceedings in Roc.No.1/2012, dated 21.02.2012, wherein the Timmapuram Gram Panchayat, the 4th respondent, revoked the permission granted to the petitioner.

Learned counsel for the petitioner submits that the impugned proceedings are issued without any notice to the petitioner and the same is in violation of principles of natural justice.

A perusal of the impugned proceedings would go to show that no notice was issued to the petitioner. There is a categorical assertion in the affidavit filed in support of the Writ Petition in paragraph No.8 regarding the same and no counter is filed by the respondents disputing the same. The impugned proceedings are liable to be set aside only on the ground of violation of principles of natural justice.

Hence, without going into the merits of the case, the Writ Petition is allowed and the impugned proceedings, dated 21.02.2012, passed by the 4th respondent are set aside. The 4th respondent is directed to give notice to the petitioner as well as to

the 5th respondent and thereafter take action in accordance with law, as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. This Court has already granted status quo on 06.03.2012 and the same shall be continued till a decision is taken by the 4th respondent. There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.

____________________________ A.RAJASHEKER REDDY, J 08.09.2015 KH