THE HON'BLE SRI JUSTICE A.V. SESHA SAI W.P.No.20249 of 2009 Between:
Pydi Venkateswarlu PETITIONER AND
1. The District Panchayat Officer, Prakasam Bhavan, Ongole, Prakasam District, and others.
RESPONDENTS ORDER:
The grievance in the present writ petition is inaction on the part of respondents 2 to 5 in taking action pursuant to the orders of the 1st respondent- District Panchayat Officer vide proceedings ROC No.1076/09(PM)A6, dated 10.07.2009.
2. Heard Sri Gade Venkateswara Rao, learned counsel for the petitioner, Sri G. Elisha, learned Standing Counsel for the 2nd and 3rd respondents-Gram Panchayat, learned Government Pleader for Panchayat Raj and Rural Development for respondents 1, 4 and 5, Sri M. Sudheer Kumar, learned counsel for respondents 6 and Sri N. Madhava Rao, learned counsel for respondent No.7, apart from perusing the material available on record.
3. On a representation submitted by the petitioner, the 1st respondent-District Panchayat Officer vide orders in ROC.No.1076/2009(Pm)A6, dated 10.07.2009, directed the Panchayat Secretary, Mangamur to stop illegal gravel quarrying in Sy.No.8 and illegal constructions in Sy.No.169.
4. This Court issued Rule Nisi on 27.04.2010. Responding to the Rule Nisi issued by this Court, counter affidavits have been filed by the 3rd respondent-Gram Panchayat and 7th respondent, denying the averments made in the affidavit filed in support of the writ petition.
5. During the Course of the arguments it is submitted by the counsel for the petitioner as well as the learned counsel for the unofficial respondents and the learned Standing Counsel for the 3rd respondent-Gram Panchayat that now there is no activity of excavation and that the constructions have already been made.
6. In view of the said development and in the absence of any interim order in this matter, this Court deems it appropriate to dispose of the writ petition by permitting the petitioner to make a representation to the authorities concerned, if the grievance still subsists.
6. For the aforesaid reasons, the writ petition is disposed of, permitting the petitioner to submit a representation to the authorities concerned for redressal of his grievance, if any, within a period of one month from the date of receipt of a copy of this order and it is open for the respondent authorities to consider the same and pass appropriate orders in accordance with law. No order as to costs. As a sequel, Miscellaneous petitions, if any, stands closed.
JUSTICE A.V. SESHA SAI.
27th October, 2014 Js.