A PIL challenging notices issued under the Telangana Panchayat Raj Act was dismissed on the merits after representatives for the respondents submitted that a final order had been passed post-petition filing, rendering further adjudication unnecessary.
The writ petition and miscellaneous petitions were dismissed without order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY, THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY
PRESENT
THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM
WRIT PETITION NO: 7876 OF 2020
Betwee n:
Yella Lachireddy, S/o. Yella Raji Reddy, Aged about 60 years, Occ: Agriculture, Rio.H.No.1-83/1 , Kanagarthi village, Konaraopet lvlandal, Karimnagar District.
...PETITIONER
AND
...RES'ONDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, particularly one in the nature of Writ of [/andamus declaring the action of the 3rd respondent in issuing the notices in Lr. No.2905/TSECPR/Konaraopet/G Ps/2019 (37), date 25.11 .2019 to the petitioner and also declaring the action of the respondents in obstructing the petitioner discharging his duties assigned to him to the office of Kanagarthi Grampanchayat as illegal, arbitrary and contrary to the provisions under the Panchayat Raj Act, 2018 and consequently to set-aside the impugned Notice dated 25.11.2019 issued by the 3rd respondent. lA NO: 1 OF 2020
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may bepleased to suspend the Notice in 1r.No.2905/TSEC-PR/Konaraopet/GPs/2019 (37), date 25.11.2019 issued by the 3rd respondent, pending disposal of the above writ petition.
Counsel for the Petitioner: SRl. KALVALA SANJEEV (NOT PRESENT)
Counsel for the Respondent Nos.1 & 2:
GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT
Counsel for the Respondent No.3: SRI P. SREEDHAR RAO, SENIOR COUNSEL FOR SC FOR T.S. ELECTION COMMISSION
Counsel for the Respondent Nos.4 & 5: SRI G. NARENDER REDDY,
SC FOR GRAM PANCHAYAT
The Court made the following: ORDER
THE HON'BLE SRI JUSTICE CHALLA KODANDARAM
WRIT PETITION No. 7876 of 2020
ORDER:
This writ petition is filed for the following relief
. .to issue a writ order or direction particularly one in the nature of Writ of Mandamus declaring the action of the 3'd respondentin issuing the notices in Lr.No. 2905/TS EC-PR/Konaraopet/ GPs/2019 (37). date 25.11 .2019 to thepetitioner and also declaring the action of the respondents in obstructing the petitioner discharging his duties assigned to him to the office of Kanagarthi Grampanchayat as illegal, arbitrary and contrary to the provisions under the Panchayat Raj Act, 2018 and consequently to set aside the impugned Notice dated 25.11.2019 issued by the 3rd respondent.. ."
When the matter was taken up yesterday, there was no representation on behalf of the petitioner. Even today also, there is no representation.
Learned Senior Counsel appearing for respondent No.3-State Election Commission and learned Standing Counsel appearing for respondent No.4-Mandal Parishad Development Officer, Konaraopet Mandal, Karimnagar District submit that after considering the reply submitted by the petitioner on 20.12.201 9, final order was passed on 02.03.2020. A copy of which was served on the petitioner.
ln those circumstances, show cause notice worked out itself, as, after consideration of the explanation submitted by the petitioner, final orders were passed, as such, nothing remains for adjudication in the writ petition.
The writ petition is accordingly dismissed.
lvliscellaneous petitions, if any, pending in this writ petition
shall stand dismissed. There shall be no order as to costs.
Sd/.K.SAILESHI ASSISTANT REGISTRAR //TRUE COPY' secrrKorrrcen
To,
1 One CC to Sri Kalvala Sanjeev, Advocate IOPUCI 2 Two CCs to GP for Panchayat Raj & Rural Development, HighCourtfor the State of Telangai'la at Hyderabad. [OUT] J One CC to Sri P. Sreedhar Rao, SC for T.S. Election Commission IOPUC] 4 One CC to Sri G. Narender Reddy, SC for Gram Panchayat IOPUCI 5 Two CD Copies ' \ \ \ CHR \rj-=
HIGH COURT
CKR,J
DATED:0711012020
1 H € T 14:
oe ot
/Q
I
(.) 2 0 ocT 2u0
a
('+* o *
a.s PATC
ORDER
W.P.No.7876 of 2020
DISMISSING THE WRIT PETITION WITHOUT COTS
"l$ +
3 issues framed by the court
Whether the writ petition challenging the issuance of notices and obstruction of duties should be allowed.
Whether the grounds for the impugned notice justified a mandamus.
Whether the final order passed between the parties renders further adjudication unnecessary.
2 provisions across 2 enactments
Yella Lachireddy
The State of Telangana
The District Collector and District Election Authority, Karimnagar
Telangana State Election Commission
Vandal Parishad Development Officer, Konaraopet l/andal
Kanagarthi Grampanchayat
Challa Kodanda Ram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
