The Zilla Parishad, v. The State Of A.P.

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY , THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND FIFTEEN :PRESENT:

THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WP .NO:7691 of 2015 Between:

The Zilla Parishad, YSR Kadapa district, Kadapa Rep by its Chairman, Sri. Guduru Ravi S/o Sri. Danam , Aged 40 years R/o Thippaluru, Kadapa district.

..... Petitioner(s) AND

1. The State of A.P. rep by its Prl. Secretary Panchayath Raj & Rural Development Department, Secretariat, Hyderabad.

2. The Commissioner, Panchayat Raj & Rural Employment A.P.Urdu Hall Lane, Himiyathnagar,Hyderabad

3. The District Collector(PR), YSR Kadapa District, Kadapa. Respondent(s) Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to pass orders particularly one in the nature of writ of mandamus declaring the impugned orders of the 1st respondent in Memo No. 2201/EV/A1/2015 dt. 12.2.2015 as arbitrary, illegal, contrary to Ss 186(6) and 195 (2), 264 of the A.P.Panchayath Raj Act, 1994, Rule 10 of the AP Panchayath Raj & Rural Development service Rules and violative of Art 14 and 21 as also the 73rd amendment of the Constitution of India amounting to encroachment in to the powers of the Zilla Parishad and the principles of natural justice and set aside the same and grant.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and made herein and upon hearing the arguments of SRI KASA JAGAN MOHAN REDDY Advocate for the Petitioner and G.P for Panchayat Raj and Rural Development for the Respondents and the Court made the following. Learned Government Pleader for Panchayat Raj & Rural Development (Andhra Pradesh), who has accepted notice on behalf of the respondents, would submit that the impugned order passed by the State Government in the Panchayat Raj & Rural Development Department, dated 12.02.2015 will not be given effect to or acted upon for a period of one week. Post on 31.03.

2015 in motion list as it is pointed out that in terms of the proviso to sub-section (1) of Section 264 of the Andhra Pradesh Panchayat Raj Act, 1994, the government has not chosen to put the petitioner zilla parishad on notice.

ASSISTANT REGISTRAR //TRUE COPY//

For ASSISTANT REGISTRAR To 1 The Prl Secretary, State of A.P. Panchayath Raj & Rural Development Department, Secretariat, Hyderabad. 2 The Commissioner, Panchayat Raj & Rural Employment A.P.Urdu Hall Lane, Himiyathnagar,Hyderabad 3 The District Collector(PR), YSR Kadapa District, Kadapa. Sl No. 1 to 3 by RPAD 4 One CC to Sri. KASA JAGAN MOHAN REDDY, Advocate (OPUC) 5 Two CC's to G.P for Panchayat Raj, High Court at Hyderabad (OUT) 6 Two Spare Copies.

Avs HIGH COURT NRRJ DATED: 24.03.2015 POST ON 31.03.2015 IN MOTION LIST

WP NO. 7691 OF 2015 DIRECTION HIGH COURT NRRJ DATED: 24.03.2015 POST ON 31.03.2015 IN MOTION LIST WP NO. 7691 OF 2015

DIRECTION