Court dismissed a writ petition challenging the rejection of a no-confidence motion against an Upa Sarpanch. The petition was declared infructuous as the High Court had already granted interim orders in a subsequent related petition.
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)
N/ONDAY ,THE SIXTH DAY OF DECEIMBER
TWO THOUSAND AND TWENTY ONE
PRESENT
THE HON'BLE SRI JUSTICE T.VINOD KUMAR
WRIT PETITION NO: 20762 OF2021
Between:
J. Shanth Kumar, S/o. J. Ashanna,Aged about 40 years, Occ. Upa Sarpanch, H.No.2-89, Damerched village,Baiheerabad Mandal, VikarabadDistrict (Erstwhile Ranga Reddy District)
...'ET'T'ONER
AND
...RES'ONDENTS
Petition under Article 226 ol lheConstitutionof lndiaprayingthat in the circumstances stated in the affidavitfiled therewith,the High court may be pleased to issue a writ or order or directionmore particularly one in the nature of Writ of Mandamus declaring the action of theRespondentsmore particularlythe 4th Respondent herein in issuing thenotice videLr. No.4/370/2021 ,underForm-lV dated. 11t0812021(which was served on the petitioner on 1710812021through 6th respondent) calling for a meeting on0310912021at 1 1.00 am at the office of the 6th respondent i,e. Dimerched GramPanchayaton the alleged groundof receivingof complaint and to makeno confidencemotion againstthe petitionerwho is working ,s Up, Sarpanch is beingitlegal,arbitrary and colourable exerciseof powersand against the Rule 2 and 3 ofthe Rules relating to motionof no confidence against the Upa Sarpanch of Gram Panchayatissued vide G.o.Ms.No.200 dated.2810411998 and also violation of Provisionsof Section 30 (1) of the TelanganaState Panchayat Raj Act .2018 and further violationof Article14 and 21 of the Constitutionof lndia dated. ,nd "onseqr"ntly 1110812021. set aside thenotice videLr. No.A/370/2021, underForm-lV
lA NO: 1 OF 2021
Petition under section 15'1 CPCprayingthat in the circumstancesstated in the affidavit filed in supportof the petition, the High courtmay be pleasedto stay of all furtherproceedings of thenotice vide Lr. No.A/37012021, under Form-lV dated. 11tOBt2OZ1 , caliingfor a meetingon 0310912021 at 11:00 AM at Damerched Gram Panchayat i.e.,6threspondent herein alleged groundto move no confidence motion againsi thepetitionerwho is working as Upa Sarpanch pending disposalof thepresent writpetition.
lA NO: 2 OF 2021
Petition under section 151CPC prayingthat in the circumstancesstated in the affidavit filed in supportof the petition,the High court may be pleasedto stay of all furtherproceedings of thenotice vide No.A/370 12021under Form-lv dated; 03t1112021, calling for ameetingon 2011112021 at 11.30A.M for consideringthe
motion of no confidenceat Damerched Gram Panchayat i.e., 6th respondent against petitioner who is working as Upa Sarpanchpending disposalof the present writpetition.
Counsel for the Petitioner: SRIM. MOHAN KUMAR Counsel forthe RespondentNos.1& 3: GPFOR PANCHAYAT RAJ AND RURAL DEVELOPMENT
Counsel forthe RespondentNos.2 & 4: GP FOR REVENUE Counsel forthe RespondentNos.5& 6: SRIG. NARENDERREDDY, SC FOR GRAMPANCHAYAT
The Court made the following:ORDER
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
WRIT PETITION No.2O762 OF 2O2l
ORDER:
Learned Counsel for the petitioner submits that subsequent to the petitioner approaching this Court and filing the present Writ Petition, the respondents have issued a second notice and questioning the same, the petitioner has filed another Writ Petition No.28400 of 2021 wherein this Court was pleased to grant interim orders and.thus the cause in the Writ Petition does not survive for any further adjudication by this Court.
Recording the above, the Writ Petition is dismissed as
infructuous. No costs.
SD/.T,JAYASREE ASSlsrANr REG1iIAR //TRUE coPY//
To
SECTION OFFICER
I 9neCC to Sri G. NarenderReddy,'_SC f6r Grampanchayat, [OpUC] 4. Two CCs to Gp for Revenue, High court toi te SIatL oii6rbn'd"; at Hyderabad, IOUTI
sm BS
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HIGH COURT
DATED:0611212021
ORDER
WP.No.20762ol 2021
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DISMISSINGTHEWP AS INFRUCTUOUS WITHOUTCOSTS
y
J. Shanth Kumar
State of Telangana
District Collector, Vikarabad
District Panchayat Officer, Vikarabad
Revenue Divisional Officer, Tandur
Mandal Parishad Development Officer
T. Vinod Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
