The court set aside an order cancelling a layout because disputes were settled in a Lok Adalat. It directed petitioners to submit a revised layout within three months for the Gram Panchayat's approval.
Impugned order cancelled; direction to submit revised layout within three months; Gram Panchayat to approve after due procedure.
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THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION NOS.6662 AND 6998 OF 2004
DATED 1 2 TH JULY, 2011
BETWEEN Sunkari Gangu Bai and others. …Petitioners And District Panchayat Officer, Perkit Gram Panchayat, Armoor Mandal, Nizamabad District and others.
…Respondents
THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION NOS.6662 AND 6998 OF 2004
COMMON ORDER:
Challenge in these two writ petitions was to the order dated 24.03.2004 passed by the District Panchayat Officer, Nizamabad, cancelling the layout in L.P.No.22/96 upon the complaint of Gattadi Gundu Gangadhar, the third respondent in both the writ petitions. It was the case of the third respondent that the layout was obtained including his land therein.
This Court, by order dated 12.04.2004, directed status quo obtaining as on that day with regard to the operation and effect of the impugned order to be maintained. Thereafter, by order dated 16.09.2004 the impugned order was suspended. These orders were passed in Writ Petition No.6998 of 2004.
It is now stated by the learned counsel for the petitioners in these two cases and the learned counsel for the third respondent that the disputes inter se with regard to the third respondent’s grievance have been settled through the Award dated 17.09.2009 in Lok Adalat Case No.477 of 2009 in O.S.No.10 of 2005 (on the file of the Principal Junior Civil Judge, Armoor), passed by the Lok Adalat, Armoor.
In that view of the matter, the objection raised by the third respondent which found favour with the District Panchayat Officer, Nizamabad, while cancelling the layout under the impugned order dated 24.03.2004 no longer survives for consideration. It would however be necessary that a revised layout be submitted to the Gram Panchayat in keeping with the present ground position for necessary
approval in accordance with law. The impugned order dated 24.03.2004 passed by the District Panchayat Officer, Nizamabad, is accordingly set aside. The petitioners shall see that a revised layout is submitted to the second respondent Gram Panchayat for approval within three (3) months. Thereupon, the Gram Panchayat shall pass necessary orders in the matter after following the due procedure and in accordance with law.
The Writ Petitions are disposed of with the above directions. No order as to costs.
____________________ SANJAY KUMAR, J. 12TH JULY, 2011. VGSR
3 issues framed by the court
Whether the impugned order cancelling the layout should be set aside in view of the settlement of disputes in Lok Adalat.
Whether the petitioners are directed to submit a revised layout for Gram Panchayat approval.
Whether Gram Panchayat is directed to pass orders following due procedure within three months.
Sunkari Gangu Bai and others
District Panchayat Officer, Perkit Gram Panchayat, Armoor Mandal, Nizamabad District
Gattadi Gundu Gangadhar
Sanjay Kumar
As recorded by the court registry
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