HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 1242 OF 2014 DATE: 07.10.2014 Between:
Prattipati Lakshmi & another.
… Appellants And The Govt., of A.P., rep., by its Principal Secretary, Panchayatraj Department, Hyderabad & others.
… Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 1242 of 2014 JUDGMENT: (Per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is sought to be preferred against the order dated 28.08.2014 of the learned Trial Judge, which is interlocutory in nature, whereby His Lordship was pleased to vacate the interim order passed earlier.
After hearing the learned counsel for the parties appearing before us and going through the impugned order, it seems to us that the writ petition was filed challenging the notice dated 10.06.2013 issued by the Gram Panchayat, Pothavaram. By the impugned notice the Panchayat authority has asked the writ petitioner – appellant to remove the vigrahalu/statue, namely, idol and mikes from the community hall and to handover possession of the building to the Gram Panchayat within three days from the date of receipt of the notice and also informed that if it is not done the Gram Panchayat itself shall take possession of the community hall and necessary steps against the appellant.
The above notice was challenged. In a challenge of this nature, only issue is whether the authority concerned has any power to issue such notice and to take any action. The writ petitioner has nowhere complained that the Panchayat authority lacks authority to take decision on the issue mentioned in the notice.
Under these circumstances, we think that instead of hearing the matter by this Court, the following order will sub-serve the interest of justice. We are told that complete action has not been taken by the Panchayat authority, as contended by the learned counsel for the Panchayat respondents as well as the unofficial respondent, who has complained that action was taken. We are also informed that despite notice to vacate the idol, the same has not yet been removed. In that view of the matter, we direct the Panchayat authority to give an opportunity of personal hearing to the writ petitioner – appellant as well as the 6th respondent by serving a notice and after hearing their contentions appropriate decision shall be taken in accordance with law. In spite of service of notice, if any party fails to appear then decision shall be taken followed by appropriate action if warranted under the law. The entire exercise shall be completed within a period of fortnight from the date of communication of this order. We make it clear that in the event the idol is not removed as on today, the same shall not be removed until decision is taken by the Panchayat authority. We restrain the appellant from installing any idol in any manner in the community hall until a decision is taken by the Panchayat authority.
In view of this order nothing remains to be decided in the writ petition. Therefore, we direct the parties to approach the learned Trial Judge to have a suitable order for final disposal of the writ petition.
The writ appeal is accordingly disposed of.
Pending miscellaneous petitions, if any, shall stand closed. No costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J
Date: 07.10.2014 ES