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High Court for State of TelanganaWP/23997/2019disposed of no costs

Dulganti Chandrasekhar Reddy And 7 Others v. The State Of Telangana And 4 Others

2019-11-11A.Rajasheker Reddy2 pages

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY W.P.NO.23997 OF 2019

O R D E R

4th respondent - Gram Panchayat, Ramakrishna Colony village, Timmapur Mandal, Karimnagar District, represented by Panchayat Secretary, vide proceedings No.GP/ RKC/ 78/ 2019 dated 11.10.2019, granted permission to the 5th respondent, to install cell network tower in Sy.No.592/ A of Ramakrishna Colony Village, Timmapur mandal, Karimnagar District. Aggrieved by the same, the petitioners, who are eight in number, claiming to be the residents of Ramakrishna Colony village, filed the present writ petition.

Heard the learned Government Pleader for Panchayat Raj for respondents 1 to 3.

Sri G.Narender Reddy, learned Standing Counsel for respondent No.4 - Gram Panchayat, submits that against the impugned proceedings, petitioners have alternative remedy of appeal under Section 121 of Telangana Panchayat Raj Act, 2018 (for short 'the Act'), and hence the petitioners may be relegated to avail the said remedy. Learned counsel for the petitioners could not dispute that the above submission of the learned Standing Counsel for 4th respondent with regard to alternative remedy.

In view of the same, without expressing any opinion on merits, writ petition is disposed of leaving it open to the petitioner to avail alternative remedy of appeal under Section 121 of the Act, raising all the grounds, and the appellate authority, after giving notice and opportunity of

hearing to both the parties, shall dispose of the appeal in accordance with law.

Interlocutory applications pending, if any, shall stand closed. No order as to costs.

------------------------------------------ A.RAJASHEKER REDDY,J DATE:11-11-2019 avs