The High Court disposed of the Writ Petition challenging the removal of the petitioner as Sarpanch. The Court declined to examine merits, granting alternative remedy via Revision to the Government, and ordered the matter to be disposed of within one month.
None granted. Liberty given to approach Government by way of Revision.
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THE HON’BLE SRI JUSTICE P.S.NARAYANA
WRIT PETITION NO.12009 of 2006
DATED 16.06.2006
Between:
Smt. K.Chellayyamma Devi .. PETITIONER
Versus
Government of Andhra Pradesh, Represented by its Principal Secretary, Panchayat Raj Department, A.P. Secretariat, Hyderabad and 5 others. .. RESPONDENTS
WRIT PETITION NO.12009 of 2006
ORDER:
Heard the counsel for writ petitioner and also the learned Government Pleader for Panchayat Raj.
2. The Writ Petition is filed praying for the relief of Writ of Mandamus declaring the impugned proceedings ROC.No.3446/05-A 11 dated 28.5.2006 of the District Collector, East Godavari i.e., 3rd respondent as illegal, arbitrary, without jurisdiction and against the principles of natural justice and violative of Articles 14 and 21 of the Constitution of India and inoperative and consequently direct the respondents to
reinstate the petitioner as Sarpanch and pass such other suitable orders.
3. Several factual details had been narrated in the affidavit filed in support of the Writ Petition. The show cause notice had been issued to the petitioner and in pursuance thereof, the impugned order had been made.
4. Be that as it may, so far as the factual details are concerned, this Court is not inclined to go into the merits and demerits of the same, the reason being that the petitioner is having an alternative remedy by way of Revision to the Government. Hence, liberty is given to the petitioner to approach the Government by way of Revision at the earliest point of time and the Government to entertain the same and dispose of the matter within a period of one (01) month thereafter inasmuch as the petitioner’s term itself being for a limited period. It is needless to say that the Government to keep in view the said aspect also while disposing of the Revision.
5. The Writ Petition is disposed of accordingly. No costs.
16.06.2006
SSR
Despatch order copy immediately. (BO)
1 issue framed by the court
Whether the writ petition challenging the removal of a Sarpanch as illegal and arbitrary should be disposed of by granting alternative remedy.
1 provisions across 1 enactments
Smt. K.Chellayyamma Devi
Government of Andhra Pradesh
J. P.S. Narayana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
