Sasapu Kesava Rao, v. Government Of A.P.

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH

AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND EIGHT :PRESENT:

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 23727 of 2005 Between:

1 Sasapu Kesava Rao, S/o. Late Ramaurthy Naidu, 2 Sasapu Krishnam Naidu, S/o. Late Swami Naidu, ..... Petitioners AND

1. Government of A.P. Rep.by its Prl. Secretary to Government, Municipal Admn. (Ele.II) Department, A.P, Secretariat, Hyderabad.

2. Government of A.P. Rep.by its Prl. Secretrary to Government, Panchayatraj & RD (Pts.IV), Department, A.P, Secretariat, Hyderabad.

3. The Commissioner of Municipal Administration, Andhra Pradesh, Hyderabad.

4. The Commissioner of Panchyat, Andhra Pradesh, Hyderabad.

5. The District Collector, Srikakulam Dist, Srikakulam.

6. The District Panchyat Officer, Srikakulam District, Srikakulam.

7. The Special Officer, Rajam Nagara Panchyat/The Revenue Divisional Officer, Palakonda, Srikakulam Dist.

8. The State Election Commission, Rep.by its Secretary, Bhudha Bhavan, Secunderabad.

9. The Sub Treasury Officer, Rajam, Srikakulam District (R9 is impleaded as per court order dt. 26-4-2006 in WPMP 10998 of 2006) .....Respondents 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 issue a writ or order of direction more particularly one in the nature of Mandamus declaring the G.O. Ms.No.855 Municipal Administration and Urban Development (ELE-II) Department dated 7-102005, G.O.Ms.No. 349, Panchayat Raj and Rural Development (PTS.IV) Department, dated 7-10-2005 and G.O.Ms.No. 350, Panchayat Raj and Rural Development (PTS.IV) Department, dated 7-10-2005, as highly illegal, arbitrary, unjust, void and contrary to Sections 3 and 148of the Panchayat Raj Act, 1994 read with Rule 12 of the A.P.

Gram Panchayat (Declaration of Village) Rules,1994 and violative of Articles 243-E and 243-Q of the Constitution of India and consequently set aside the same; (Prayer is amended as per court order dated 17-7-2008 in WPMP.No.200/2005) The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and the order of the High Court dated 6-01-2006 made in WPMP.No.

upon hearing the arguments of SRI NAGARJUNA BABU, Advocate for the Petitioners, Govt. Pleader for Municipal Administration for the respondents 1 and 3 Govt. Pleader for Panchayat Raj for the respondents 2, 4 and 6 Govt. Pleader for Revenue for the respondents 5 and 7 and of Sri K.G.K. Prasad, Advocate for the respondent No.8, the Court made the following: ..Contd...

ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To

1. One C.C.to Sri D.V. Nagarjuna Babu, Advocate. (BY SPL. MESSENGER)

2. 2 CCs to the G.P. for Municipal Administration, High court of A.P.Hyd. (BY SPL. MESSENGER)

3. 2 CCs to the G.P. for Panchayat Raj, High court of A.P.Hyd. (BY SPL. MESSENGER)

4. 2 CCs to the G.P.for Revenue, High court of A.P.Hyd. (BY SPL. MESSENGER)

5. The Section Officer, Writ Posting Section, High court of A.P.Hyd. (BY SPL. MESSENGER)

6. one spare copy.

HIGH COURT CVNR.J DATED 4-08-2008

ORDER

W.P.NO. 23727OF 2005 DIRECTION Bsr Dt. 5-8-2008 HIGH COURT CVNR.J

DATED 4-08-2008

ORDER

W.P.NO. 23727OF 2005 DIRECTION