THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.20535 of 2009 Between:
Gram Panchayat Rajarampalli, Velgatur Mandal, Karimnagar District Rep. by its Sarpanch G. Mallesham PETITIONER AND
1. The District collector, Karimnagar, and others.
RESPONDENTS ORDER:
This writ petition is filed seeking a direction to the respondents 1 to 4 to consider the complaints of the petitioner dated 15.09.2008 for taking appropriate action and to protect the properties and cattle of the villagers of the petitioner-Gram Panchayat against the alleged high handed and irregular activities of the villagers of the 5th respondent-Gram Panchayat.
2. Heard Sri L. Prabhakar Reddy, learned counsel for the petitioner, learned Government Pleader for respondents 1 and 2, and Sri P. Raghavender Reddy, learned counsel for the 5th respondent Gram Panchayat.
3. The grievance, precisely, in the present writ petition is against the 5th respondent-Gram Panchayat and the in action on the part of the respondent-authorities in taking action on the complaints said to have been submitted by the petitioner.
4. When the matter is taken up, a preliminary objection is raised by the learned Standing Counsel for 5th respondent-Gram Panchayat contending that there is an effective alternative remedy available for the petitioner under the provisions of Section 273 of the A.P. Panchayat Raj Act, 1994 (for short ‘the Act’) and the petitioner can avail the same for the purpose of redressal of its grievance.
5. At this juncture, it is appropriate to refer to Section 273 of the Act, which reads as under.
“Adjudication of disputes between local authorities:- (1) When a dispute exists between a local authority and one or more other local authorities in regard to any matter arising under the provisions of this or any other Act and the Government are of opinion that the local authorities concerned are unable to settle it amicably among themselves, the Government may take cognizance of the dispute; and
(a) decide it themselves; or
(b) refer it for enquiry and report to an arbitrator or a board of arbitrators or to a joint committee constituted for the purpose by an order of the Government.
(2) The reports referred to in clause (b) of sub- section (1) shall be submitted to the Government who shall decide the dispute in such manner as they may deem fit.
(3) Any decision given under clause (a) of sub- section (1) or under sub-section (2) may be modified from time to time, by the Government in such manner as they deem fit, and any such decision with the modification, if any, made therein under this sub- section, may be cancelled at any time by the Government.
Any such decision or any modification therein or cancellation thereof shall be binding on all the local authorities concerned and shall not be, liable to be questioned in any court of law.
(4) Where one of the local authorities concerned is a cantonment authority or the port authority of a major port, the powers of the Government under this section shall be exercisable only with the concurrence of the Central Government.”
5. In view of the above provision of law and effective alternative remedy stipulated there under, this Court deems it appropriate to relegate the petitioner to avail the said effective alternative remedy.
6. For the afore said reasons, this writ petition is disposed of, permitting the petitioner to submit a representation to the 1st respondent- Government for redressal of its grievances within a period of two months from the date of receipt of a copy of this order. No order as to costs. As a sequel, the miscellaneous petitions, if any, shall stand closed.
JUSTICE A.V. SESHA SAI.
20th June, 2014 Js.