Kethireddy Jeevan Reddy Gaddam vs The State Of Telangana And 10 ...
2022 Latest Caselaw 1231 Tel

    THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                           AND
                 THE HON'BLE SRI JUSTICE N. TUKARAMJI

                       WRIT APPEAL No.177 OF 2022

JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)

          The present writ appeal is arising out of the order dated

18.02.2022           passed       by     the      learned       Single   Judge   in

W.P.No.11850 of 2021.

          The undisputed facts of the case reveal that the present

appellant/writ petitioner came up before the learned Single

Judge being aggrieved by a notice dated 17.04.2021 issued by

the Revenue Divisional Officer, Jagityal Division, Karimnagar

District, proposing No Confidence motion against the petitioner.

The appellant/writ petitioner's contention was that fifteen days

clear notice has not been given to him and in those

circumstances, an interim order was passed in the matter. The

learned Single Judge has dismissed the writ petition, in the light

of the judgment delivered by a Full Bench of this Court in the

case of Smt. K. Sujatha vs. The Government of Andhra

Pradesh1, holding that no prejudice has been caused to the

appellant/writ petitioner.




1
    2004 (2) APLJ 330 (HC)
                                  2




        The writ petition was filed in the year 2021 and because

of the stay order     continuing in the matter restraining the

respondents therein from proceeding ahead with the notice

dated 17.04.2021, the respondents have thereafter issued

another notice dated 28.02.2022 fixing the date of meeting on

23.03.2022, meaning thereby giving a clear notice of fifteen

days.

In the considered opinion of hits Court, once a fresh

notice has been issued, the earlier notice has become redundant

and therefore, no case is made out in the present writ appeal.

The writ appeal is accordingly disposed of as infructuous.

In case the appellant/writ petitioner is aggrieved by the

subsequent notice, the grounds raised in the earlier writ

petition shall be available to him while filing the subsequent

writ petition. The Gram Panchayat shall be free to proceed

ahead in accordance with law.

Pending miscellaneous applications, if any, shall stand

closed. There shall be no order as to costs.

________________________ SATISH CHANDRA SHARMA, CJ

___________________ N. TUKARAMJI, J 17.03.2022 JSU