THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT APPEAL No.805 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. M.Madhava Reddy, learned counsel for the
appellant; Mr. Nazir Ahmed Khan, learned Government
Pleader for Panchayat Raj & Rural Development Department
for respondent Nos.1 & 2; Mr. P.Kishore Rao, learned
Standing Counsel for respondent No.3; and Mr. S.Rahul Reddy, learned counsel for respondent No.4.
2. This appeal is directed against the order dated 23.08.2022 passed by the learned Single Judge disposing of Writ Petition No.10999 of 2022 filed by the appellant as the writ petitioner.
3. Appellant had filed the related writ petition assailing the legality and validity of the notice dated 16.02.2022 issued by the Gram Panchayat, Chowdariguda 2 HCJ & CVBRJ W.A.No.805 of 2022 through its Secretary directing the appellant as well as the 4th respondent to produce relevant records within three days in connection with the complaint lodged by respondent No.4 with regard to approach road to his land.
4. Learned Single Judge after adverting to the rival contentions as well as Section 62 of the earlier Gram Panchayats Act, 1964, read with Sections 58 and 137 of the Panchayat Raj Act, 2018, did not find any good ground to entertain the writ petition. Appellant was directed to respond to the show cause notice dated 16.02.2022 by filing explanation within two (02) weeks. Thereafter, liberty was granted to the competent authority to pass necessary order in accordance with law with due communication to the parties.
5. We do not find any error or infirmity in the view taken by the learned Single Judge. In fact, the order of the learned Single Judge is beneficial to the appellant in as much as, as opposed to only three days notice, Learned Single Judge has granted two (02) weeks' time to the appellant to submit explanation to the show cause notice, which was also 3 HCJ & CVBRJ W.A.No.805 of 2022 not sought for by the impugned notice which only called for production of record.
6. Therefore, we do not find any good reason to entertain the appeal.
7. Writ Appeal is accordingly dismissed. However, there shall be no order as to costs.
8. As a sequel, miscellaneous applications pending, if any, in this Writ Appeal, shall stand closed.
__________________________ UJJAL BHUYAN, CJ ___________________________ C.V.BHASKAR REDDY, J Date: 08.12.2022 KL