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High Court for State of TelanganaWP/19411/2013disposed of no costs

Karri Rama Krishna Reddy v. The District Panchayat Officer,

2016-09-17A Ramalingeswara Rao2 pages

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.19411 of 2013 ORDER:

Petitioner states that he has been running Weigh Bridge under the name and style of Sri Maruthi Electronic Weigh Bridge in Eethakota Village, abutting National Highway No. 5(16), Ravulapalem Mandal, East Godavari District. He has obtained license from the Office of the Controller, Legal Metrology, Hyderabad. While so, on 03.04.2013, the second respondent issued a notice to him stating that his Weigh Bridge business is causing inconvenience to the villagers and he is running the same without obtaining any permission from the authorities concerned and thereby, asked him to submit his explanation, failing which, action would be taken in accordance with law. He submitted his explanation on 10.04.2013. He filed the present Writ Petition with the allegation that without taking any action pursuant to the issuance of notice, dated 03.04.2013, the second respondent Gram Panchayat came to his Weigh Bridge Office on 28.06.2013 and demanded to remove the same.

A counter-affidavit is filed by the second respondent stating that the local villagers lodged a complaint on 01.02.2013 before the second respondent stating that they are facing inconvenience

ARLR, J W.P.No.19411 of 2013 to cross the road due to irregular parking of vehicles on the road and there is obstruction to free flow of traffic causing accidents. The impugned notice was issued to the petitioner on 03.04.2013 and the petitioner submitted his explanation on 10.04.2013 but without waiting for further orders, he filed the present Writ Petition.

This Court by order, dated 08.07.2013 restrained the second respondent from interfering with the petitioner's running of Weigh Bridge in R.S.No.54/6 of Eethakota Village, Ravulapalem Mandal, East Godavari District.

In view of the above facts and circumstances of the case, liberty is given to the second respondent to hold an enquiry by calling the petitioner personally and pass appropriate orders in accordance with law within a period of three months from the date of receipt of a copy of the order.

The Writ Petition is accordingly disposed of. Consequently, Miscellaneous Petitions, if any pending in this Writ Petition shall stand closed. No order as to costs. _____________________________ A.RAMALINGESWARA RAO, J 17th SEPTEMBER, 2016.

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