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High Court for State of TelanganaWP/4581/2015disposed of no costs

Maturi Venkateswara Rao v. State Of Andhra Pradesh

2015-04-02A.Rajasheker Reddy5 pages

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

THE HON'BLE SRI JUSTICE: A.RAJASHEKER REDDY WP .NO:4581 of 2015 Between:

Maturi Venkateswara Rao, S/o. late Subramanyam, ..... Petitioner AND

1. State of Andhra Pradesh Rep. by its Principal Secretary, Panchayath Raj Department, Secretariat, Hyderabad.

2. The District Collector, Eluru, West Godavari District.

3. The Dist. Panchayat Officer, Eluru, West Godavari District.

4. The G. Kothapalli Gram Panchayat, Dwaraka Tirumala Mandal, West Godavari District. Rep. by its Secretary .....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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondent No. 4 in not receiving and adjudicating the appeal filed by the petitioner under Section 128 of the Panchayath Raj Act, 1994 against proceedings dated 13-02-2015 issued by the Respondent No. 4 directing the petitioner to remove the Tobacco Barren belongs to the Petitioner situated at G. Kothapalli Village, Dwaraka Tirumala Mandal, West Godavari District within 3 days as arbitrary, illegal, unjustified and in violation of the provisions of A.P. Gram Panchayat Raj Act, 1994 and consequently direct the Respondent No. 4 to receive and adjudicate the appeal filed by the petitioner under Section 128 of AP Panchayat Raj Act, 1994 against the proceedings dated 13-02-2015;

WP.MP. No. 6072 of 2015: Petition under Section 151 of C.P.C., praying that in the circumstances stated in the affidavit filed in the W.P. the High Court may be pleased to stay all further proceedings pursuant to the Notice dated 13-02-2015 including the demolition of Tobacco Barren belongs to the petitioner situated at R.S. No. 86/3B G. Kothapalli Village, Dwaraka Tirumala Mandal, West Godavari District, pending disposal of WP No. 4581 of 2015 on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and order of the High Court dated 2702-2015, 10-03-2015 & 17-03-2015 made herein and upon hearing the arguments of Sri K. Lakshman, Advocate for the Petitioner, GP for Panchayat Raj (AP) for Respondent No.1, and Sri Ravi Cheemalapati, Standing counsel for 4th respondent, the Court made the following. ORDER:

S r i Ravi Cheemalapati, learned standing counsel for 4th respondent seeks time to get instructions as to the appeal filed against impugned order under Section 128 of A.P. Panchayat

Raj Act.

Post after one week in motion lsit.

Interim order granted earlier shall stands extended till then. ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To

1. Two CCs to GP for Panchayat Raj (AP), High Court, Hyderabad (OUT)

2. One CC to Sri K. Lakshman, Advocate (OPUC)

3. One spare copy Tvr

HIGH COURT ARR,J DATE: 23-03-2015 NOTE: post after one week in motion list

ORDER

WP. No. 4581 of 2015 STATUS QUO EXTENDED DRAFTED: TVR DATED; 25-03-2015 HIGH COURT ARR,J

DATE: 23-03-2015 NOTE: post after one week in motion list

ORDER

WP. No. 4581 of 2015 STATUS QUO EXTENDED