High Court for State of TelanganaWP/28113/2016disposed of no costs

B.Jayaprakash v. The State Of Andhra Pradesh, Rep. By Its Principal Secretary

2016-08-23T.Sunil Chowdary2 pages

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.28113 of 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking a writ of mandamus declaring the inaction of respondent Nos.2 and 3 in taking action on the representation of the petitioner dated 20.6.2016 as illegal and arbitrary.

2. Heard the learned counsel for the petitioner and learned Standing Counsel for respondent Nos.2 and 3.

3. The petitioner states that he is owner of house bearing No.2-149, Chowdeswari Street, Bellari Road, Kodumur Gram Panchayat, Kurnool District. The fourth respondent is owner of house bearing No.14-118, Bellari Road, Kodumur, Kurnool District. It is the case of the petitioner that fourth respondent has constructed 20 shops without leaving any space for parking area. Out of 20 shops, five shops are facing towards road. It is his further case that fourth respondent has constructed a pump shed by encroaching Gram Panchayat road, which is causing hindrance to the passersby. The petitioner has brought the above violations of the fourth respondent to the notice of respondent Nos.2 and 3 through his representation dated 20.6.2016. Aggrieved by the inaction on the part of respondent Nos.2 and 3 in taking action against the fourth respondent, the present writ petition is filed.

4. At the time of the arguments, the only relief sought by the learned counsel for the petitioner is to direct the third respondent to dispose of the representation of the petitioner dated 20.6.2016. The learned Standing Counsel also consented for the same.

5. Having regard to the facts and circumstances of the case and in view of the submissions made by learned counsel for both the parties, the third respondent is hereby directed to consider the representation of the petitioner dated 20.6.2016 and pass appropriate orders keeping in view

the provisions of the A.P. Panchayat Raj Act, 1994 and the relevant Rules made thereunder, after affording reasonable opportunity to fourth respondent. This exercise may be completed within a period of two months from the date of receipt of a copy of this order.

6. With the above direction, the writ petition is disposed of. Miscellaneous petitions if any pending in this writ petition shall stand closed.

__________________________ (T.SUNIL CHOWDARY, J) August 23, 2016.