Royal Kuteer House Owners Welfare ... vs The State Of Telangana And 3 Others
2022 Latest Caselaw 6608 Tel

    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