Disposed

Kadaveru Saroja and 9 Others v. The State of Telangana and 6 Others

Telangana HC23 Sept 2022WP/23304/2022

Case brief

AI extract

What is this about?

This writ petition challenged the continued tenure of the Sarpanch due to allegations of fund misappropriation. The Court disposed of the petition at the admission stage, directing the District Collector to consider representations and pass orders within eight weeks, without adjudicating merits.

What did the court decide?

Direct respondent No.2 to consider representations filed by petitioners and pass orders regarding the removal of Sarpanch within eight weeks, strictly in accordance with law.

Kadaveru Saroja and 9 Others Vs The State of… — Service and Employment | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction)

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WEDNESDAY, THE TWENTY FIRST DAY OF SEPTEIVBER TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY

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WRIT PETITION NO: 23304 OF 2022

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Between:

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Kadaveru Saroja, D/o Kistaiah, Aged about 45 years, R/oH. No.6-83, Ward Member and Rl/o Velvarthy Village, Valigonda lvlandal, Yadadri-Bhuavanagiri District.

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Smt.Budige Kalamma, Wo Budige Kisataiah, Aged about 39 years, R/o H.No. 1-67, Ward Member and Rl/o Velvarthy Village, Valigonda Mandal, Yadadri-Bhuavanagiri District.

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Kalukuri Mutyalu, S/o Narsimha, Aged 60 years, Rl/oH.No.2-51, Ward Member and Rl/o Velvarthy Village, Valigonda Mandal, Yadad ri-B huava nagiri District.

¶10

Ganneboina Kavitha, Wo Narsimha, Aged about. 31 years, R/o H.No.3-04, Ward Member and Rl/o Velvarthy Village, Valigonda [\rlandal, YadadriBhuavanagiri District.

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Parakala Kavitha, Wo Venkatesham, Aged about 35 years, R/o. H.No.3-59, Ward Member and Rlio Velvarthy Village, Valigonda Mandal, YadadriBhuavanagiri District.

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Mallam Hariprasad, Sio Sathaiah, Aged about 36 years, Rl/oH.No.2-36, Ward Member and Ryo Velvarthy Village, Valigonda Mandal, Yadadri-Bhuavanagiri District.

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Smt.Vemula Vijayalakshmi, Wo , Aged about 42 years, Rl/oH.No.5-31, Ward Member and Ryo Velvarthy Village, Valigonda Mandal, Yadadri-Bhuavanagiri District.

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B. Gurrala Ramulu, S/o Sailu, Aged about 41 years R/o H.No.2-30lA, Ward Member and Rl/o Velvarthy Village, Valigonda Mandal, Yadadri-Bhuavanagiri District.

¶15

Adavelli Mallesham, S/o Yadaiah, Aged about 43 years, Fl/o H.No.7-36, Ward Member and Rl/o Velvarthy Village, Valigonda Mandal, Yadadri-Bhuavanagiri District.

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10.Budida Buchaiah @ Biksham S Ashaiah, Aged about s8years, Rl/o H.No.6-89, Ward Member and R/o Velvarthy Village, Valigonda Mandal, YadadriBhuavanagiri District.

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.,.PETITIONERS

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AND

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1 The State of Telangana, Rep. by its Principal^{Secretary,Panchayat Raj and} Rural Development Department, Secretariat,^{BRKBhavan, Saifadabad,} Hyderabad.

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2 The District Collector, Yadadri Bhongir^{District, Erstwhile NalgondaDistrict.}

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The District Panchayat Officer,^{Yadadri Bhongir District, ErstwhileNalgonda} District.

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The Divisional Panchayat^{Officer, Choutuppal Division,Yadadri Bhongir} District, Erstwhile Nalgonda District.

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The tvlandal Panchayat^{Officer, Valigonda Mandal, Yadadri Bhongir District,} Erstwhile Nalgonda District, Represented^{by its Panchayat Secretary-}

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Velavarthy Gram^{Panchayat,Valigonda Mandal, Yadadri Bhongir District,} Erstwhile Nalgonda District, Rep. by^{its Panchayat Secretary}

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Pasala Anna Mary, W/o Lourdu,^{Aged about45 years,Occ. Housewife,} (Sarpanch of Velvarthy Gram Panchayat) Fl/o Velavarthy^{Village,Valigonda} Mandal, Yadadri Bhongir Erstwhile Nalgonda^{District, T.S.}

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...RESPONDENTS

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Petition under Article 226 ot the Constitution of^{lndia praying that in the} circumstances stated in the^{affidavit filed therewith,the High Courtmay be} pleased to issue an appropriate, writ, order or^{direction moreparticularly one in the} -- nature of Writ of Mandamus^{directing the respondentNo.2 to removethe} respondent No.7 from the^post of^{Sarpanch of Velvarthy Gram Panchayat,} Valigonda Mandal, Nalgonda^{District(Yadadri Bhongir District)as per law in the} light of the misappropriation,^{misuse, swindling away embezellement of fundsand} also in the light of the^{enquiry report submitted by the respondent No.4,} Choutuppal report dated^{0410112021 and consequentlythe interest from the} welfare of the^public in^{general pertains to the concerned Gram Panchayat by all} means by all through

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lA NO: 1 OF 2022

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Petition under Section 151 CPC^{praying that in the circumstances statedin} the affidavit filed in support^{of the petition, the High Courtmay be pleased to} suspend the respondent No.7/Sarpanch^{in the light of the enquiryreport submitted} by the respondent No.4, Choutuppal^{reportdated0410112021} '^{thereby appointand} empower the^{petitionerNo.1 and'l 0 to have and hold the cheque powerto} address the needs, deeds^{andnecessitiesof the concernedGram Panchayatin} the light of the resolution^{passed and submitted to the concernedauthoritiesto all} the ward Members of concerned^{Gram Panchayat dated41212022,71212022 and} 281312022, till disposal of^{the mainwrit petition.}

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lA NO: 2 OF 2022

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Petition under Section^'151 cpc praying that in the crrcumstances stated in the affidavit fired in support of the petition, ir,"-uigh court may be preased pi"r."a to permit the Petitioner to amend the main writ Fetition in the main prrv... ,t ln. ''Nineth Line ie., Report dated. o4r0112021 and consequenry i.e., after the said expression of consequently J!9- p"titljrner No.1 may please be appointed as the Temporary Sarpanch U/sec 3B(3) of relangana panchayat Raj Act zore anJ ine cheque power may please be given to petitrYoner frfo.i anO .10 herein,,, ,rV pfl".u be added.

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Counsel for the Petitioners: SRl. BRAHMADANDI RAMESH

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counsel for the Respondents: Gp FoR pANcHAyAT RAJ RURAL DEV

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The Court made the following: ORDER.

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¶36

THE II()N'BI.tr SRI JUSTICE A.ABHISHEI( I{EDDY

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tVRIT PETITION No.23304 of 2022

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Ol(DIRr

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Hearcl the learnecl counsel for the petitioners, tl-re learned Government Pleacier for Panchayat Raj and Rural Development appearing for respondent Nos.1 to 5, Sri M. Ram Gopal Rao, the learned Star-rding Counsel for Gram Panchayat appearing for respondent No.6. With their consent, the Writ Petition is disposed of at the admission stage.

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Despite service of notice, respondent No.7 did not choose to enter appearance before this Court.

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Seeking to direct the respondent No.2 to remove the respondent No.7 from the post of Sarpanch of Velvarthy Gram Panchayat, Valigonda Mandal, Nalgonda the petitioners -District, have filed the present writ petition.

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Having regard to the fact that the petitioners have already submitted representations to the respondent No.2, without going into the merits or demerits of the case, the present Writ petition is disposed of with the direction to the respondent No.2 to consider the representation of the petitioners dated 28.03.2022 and pass

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necessary orders, strictly in accorclance with law, as expeclitiousll, as possible, preferably, within a period of eight weeks frorn the date of receipt of a copy of this order, duly putting the respondent No.7 or-r

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notice ancl alfording the parties an opportunity of hearing.

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Pending miscellaneous petitions, if any, shall stand closed.

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There shall be no order as to costs.

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SD/. N. RAJ GOPAL ASSISTANJ-REGISTRAR //TRUE COPY// QD SECTION OFFICER

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To,

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The State of Telangana, Rep. by its principal Secretary, panchayat Raj and Rural Development Department, Secretariat, BRK Bhavan, Saifadabad, Hyderabad.

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The District collector, Yadadri Bhongir District, Erstwhile Nalgonda District.

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The District Panchayat officer, Yadadri Bhongir District, Erstwhile Nalgonda District.

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The Divisional Panchayat Officer, Choutuppal Division, yadadri Bhongir District, Erstwhile Nalgonda District.

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The tvlandal Panchayat officer, Valigonda-Mandal, yadadri Bhongir District, Erstwhile Nalgonda District, Represented by its panchayat Secretary.

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Velavarthy Gram Panchayat, valigonda Mandal, yadadri Bhongir District, Erstwhile Nalgonda District, Rep. by its panchayat Secretary

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Pasala Anna [Vlary, Wo Lourdu, Aged about 45 years, Occ. Housewife, (Sarpanch of Velvarthy Gram Panchayat) Rl/o Velavarthy Village, Valigonda Mandal, Yadadri Bhongir Erstwhile Nalgonda District, T.S.

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B. One CC to SRl. BRAHMADANDT RAMESH Advocate tOpUCl

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Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV, High Court for the State of Telangana at Hyderabad. [OUf]

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10.Two CD Copies

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1 1 . One Spare Copy

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HIGH COURT DATED: 2310912022

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ORDER

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WP.NO.23304 of 2022

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DISPOSING THE WRIT PETITION

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WITHOUT COSTS

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Kadaveru Saroja and 9 Others v. The State of Telangana and 6 Others

Case brief

What is this about?

What did the court decide?

Kadaveru Saroja and 9 Others v. The State of Telangana and 6 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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