B. Madhavi, v. The State Of Telangana, Rep. By Its Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE EIGHTEENTH DAY OF JANUARY TWO THOUSAND AND SIXTEEN

Present

Between:

B. Madhavi, W/o. Ramulu Goud, Age: 34 years, Occ: Sarpanch, Pedda Kandukuru Gram Panchayat, Yadagirigutta Mandal, Nalgonda District.

.. Petitioner AND The State of Telangana, Rep. by its Principal Secretary, Panchayatraj and Rural Development Department, Secretariat, Hyderabad - 500 022 & 2 others .. Respondents The Court made the following:

ORDER:

The petitioner is a Sarpanch of Pedda Kandukuru Gram Panchayat, Yadagirigutta Mandal, Nalgonda District. In this writ petition, the petitioner challenges the order of the District Panchayat Officer, Nalgonda District (2nd respondent), dated 05.06.2015, wherein the Panchayat Secretary of Pedda Kandukuru Gram Panchayat, Yadagirigutta Mandal, Nalgonda District, was directed to admit Sri Macha Muthyalu, as Karobar temporarily till the enquiry report is finalized.

2. The petitioner challenges the order, dated 05.06.2015, on the ground that earlier the Panchayat Secretary of Pedda Kandukuru Gram Panchayat terminated the Karobar as a consequence to the directions issued by the District Panchayat Officer, Nalgonda District, on 06.05.2014. Thus, when the Gram Panchayat has acted according to the directions issued by the District Panchayat Officer earlier, there is no justification for taking action to re-induct the person by the very same authority.

3. The issue in the writ petition is concerning the regulation of conditions of service of Karobar of the Gram Panchayat. The settled principle of law is in service disputes, there cannot be public interest litigation. The petitioner herein

being a Sarpanch is not affected by the orders impugned in the writ petition in his personal capacity as no conditions of service of Sarpanch are affected by the said order. If at all the Gram Panchayat is aggrieved by the orders of the District Panchayat Officer, at the most the Gram Panchayat may institute a writ petition, but a Sarpanch cannot institute a writ petition challenging the order passed in regulation of conditions of service of the Karobar. Therefore, I am of the considered opinion that the writ petition is not maintainable.

4. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. _____________________ P.NAVEEN RAO, J Date: 18th January, 2016 KL

Date: 18th January, 2016 KL