Velmakanne Satyanarayana, v. The Joint Collector And Chairman,
THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.22764 of 2009 ORDER:
Heard Sri Palle Nageswar Rao, learned counsel for petitioner, learned Government Pleader for Panchayat Raj and Rural Development for respondents 1 and 3 and Sri G.Narender Reddy, learned Standing Counsel for 2nd respondent. The petitioner challenges communication dated 22-08-2009 of 2nd respondent on various factual and legal grounds. This court granted interim order on 23-10-2009 directing the respondents not to finalize the appointment of Field Assistant for subject village pursuant to notification, dated 06-10-2009. The respondents filed W.V.M.P.No.2700 of 2010 to vacate the interim order. One of the objections raised in the counter affidavit filed along with petition is that the petitioner could have availed remedy of appeal as per Circular No.4553, dated 02-07-2008 before the District Collector.
Having regard to the above stand taken in the counter affidavit, learned counsel for petitioner requests the court to permit the petitioner to avail remedy of appeal and direct maintenance of status-quo as on date for a reasonable period. Learned counsel appearing for respondents does not object to the submission of counsel for petitioner.
The petitioner is given liberty to file appeal within four weeks from today by enclosing a copy of this order. As and when appeal
is filed, the District Collector is directed to consider and dispose of the appeal as expeditiously as possible, preferably within a period of three months from the date of filing of appeal. The parties are directed to maintain status-quo for a period of five weeks from today and if circumstances so warrant, the petitioner is given liberty to obtain further orders from the District Collector pending appeal.
Accordingly, the writ petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
_____________ S. V. BHATT, J Dt: 06-06-2016 Prv THE HON'BLE SRI JUSTICE S.V.BHATT
WRIT PETITION No.22764 of 2009 06-06-2016 Prv