Dismissed

the Kanekal Gram panchayat, v. Apsrtc, rep. by its Regional Manager

Telangana HC17 Sept 2010WP/16483/2005

Case brief

AI extract

What is this about?

The single-judge Court dismissed a writ petition filed by a Gram Panchayat challenging a tender notification as arbitrary. The Court held that the petitioner, having ample statutory powers under the A.P. Panchayat Raj Act to deal with unpermitted constructions, failed to exercise those powers and instead sought judicial intervention, rendering the petition misconceived.

What did the court decide?

Writ petition discarded with costs directed to the respondent.

the Kanekal Gram panchayat, Vs Apsrtc, rep… — Public Procurement and Tenders | Telangana HC (2010)

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THE HON’BLE SRI JUSTICE C.V. RAMULU

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W.P. No. 16483 of 2005

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O R D E R:

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This writ petition is filed seeking Mandamus declaring the tender notification No.02/122(48)/05-RMA dated 14.7.2005 issued by the respondents as arbitrary, illegal and contrary to the powers conferred on the Gram Panchayat under the A.P. Panchayat Raj Act and to set aside the same; consequently, to direct respondents not to make any constructions on the road-side margin of Kanekal Gram Panchayat in front of the RTC bus-stand in S.Nos. 875/3B and 875/A2.

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According to the petitioner, APSRTC had requested Kanekal Gram Panchayat to provide land for bus-stand. Though the same was initially refused, the Mandal Revenue Officer, Kanekal Mandal issued proceedings Rc.No. 336/99 dated 29.7.1999 allotting an extent of 0.70 cents of land in S.No.875/3B, pending finalization of alienation. The Gram Panchayat accepted the proposals submitted by the Deputy Executive Engineer, APSRTC along with plan, on condition that they should leave 10 feet margin on the main road on the northern side of the bus-stand. Further, the Gram Panchayat, Kanekal addressed a letter to the Regional Manager, APSRTC, Anantapur, requesting him to discuss the matter with the Gram Panchayat, before taking up construction of shopping complex. However, The Regional Manager, APSRTC, Anantapur, without any consultations with the petitioner-Gram Panchayat, issued tender notification dated 14.7.2005.

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The grievance of the petitioner is that without taking permission from the Gram Panchayat the respondents are proceeding with the construction and, in the process, issued impugned tender notification dated 14.7.2005 inviting tenders, which is arbitrary and

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illegal.

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While admitting the writ petition on 27.7.2005, this Court passed interim order as follows:

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“In pursuance of the tender notification issued by the respondent-Corporation, if any tenders are received and finalized shall be subject to further orders in the writ petition”.

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Now, it is more than five years since the said interim orders are passed. The Gram Panchayat is vested with ample powers under the A.P. Panchayat Raj Act, 1994 to deal with any situation as to raising of any structures including buildings etc., if the same are constructed without permission and without obtaining proper permission, in accordance with law. Instead of exercising the statutory powers vested in it, petitioner-Gram Panchayat approached this Court by way of filing this writ petition.

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Under those circumstances, I am of the considered opinion that the writ petition is misconceived and liable to be dismissed and accordingly dismissed. No order as to costs.

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JUSTICE C.V. RAMULU.

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Date: 17-9-2010. MVB.

the Kanekal Gram panchayat, v. Apsrtc, rep. by its Regional Manager

Case brief

What is this about?

What did the court decide?

the Kanekal Gram panchayat, v. Apsrtc, rep. by its Regional Manager

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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