IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.1294 OF 2014 DATED: 26-11-2014 Between:
Peethani Satya Devi and others … Appellants And Venkatrayapuram Industrial Area Township and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT APPEAL NO.1294 OF 2014
JUDGMENT: (per Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta)
This appeal has been filed by the appellants, being third parties, against the judgment and order of the learned Trial Judge, dated 9th September, 2014 in the Writ Petition No.9784 of 2013. The appellants are Councillors of Tanuku Municipality of its various Wards. By the G.O.Ms.No.123, dated 26th March, 2013, four Gram Panchayats viz., Venkatarayapuram Township, Paidiparru, Veerabhadrapuram and Revenue Survey numbers 150 to 153 of Pallangi Village were merged with Tanuku Municipality. The writ petition was filed for the following reliefs:
“Issue a writ in the nature of Mandamus declaring the G.O.Ms.No.101, Panchayatraj and Rural Development (MDL.II-A) Department, dated 18.03.2013 and consequential G.O.Ms.No.194, Panchayatraj and Rural Development (Pts.IV) Department, dated 26.03.2013 and G.O.Ms.No.123, Municipal Administration and Urban Development (Elec.1) Department, dated 26.03.2013 and all consequential and subsequent proceedings of the respondents cancelling the petitioner No.1 Township and merging the same in the respondent No.7 Municipality including the Resolution No.96 dated 23.03.2013, as illegal, mala fide, contrary to law and without jurisdiction.”
Therefore, it is clear that the issue was confined to merger of petitioner No.1 Township with the respondent No.7 Municipality. While adjudicating the matter, His Lordship has granted not only that relief but also the relief of quashing the merger of two Gram Panchayats, namely, Paidiparru and Veerabhadrapuram. Since these two Gram Panchayats are part and parcel of the same G.O., the learned trial Judge thought it fit to set aside the merger of the two Gram Panchayats also. According to us, the merger of these Gram Panchayats with the Municipality was not in issue in the present writ petition. We therefore modify the order of the Hon’ble Trial Judge holding that the Judgment and Order of the Hon’ble Trial Judge shall be confined only to the merger of the writ petitioner No.1 Township with the respondent No.7 Municipality.
The appeal is accordingly disposed of. Pending miscellaneous petitions, if any, shall stand dismissed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 26-11-2014 Svv