Telangana High Court
Panchimatla Madar Goud vs Swagarla Paramesh on 8 April, 2025
THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL
AND
THE HON'BLE SMT. JUSTICE RENUKA YARA
WRIT APPEAL No.374 of 2025
JUDGMENT (Per Hon'ble Smt. Justice Renuka Yara)
Heard Sri C. Damodar Reddy, learned Senior Counsel appearing
for Sri C. Ruthwik Reddy, learned counsel for the appellant,
Sri K. Jagadeeshwara Rao, learned counsel for respondent No.1,
Ms. B. Mohana Reddy, learned Government Pleader for Agriculture
appearing for respondent No.2 and Sri N. Uma Shankar, learned
Standing Counsel for respondent No.5. Perused the record.
2. This appeal is filed challenging the order dated 18.02.2025
passed by a learned Single Judge in W.P.No.35311 of 2024, whereby
the appointment of appellant/respondent No.5 as Vice-Chairman of
Alair Agriculture Market Committee is set aside as he is not a resident
of any of the villages falling under the Alair Agriculture Market
Committee.
3. The learned Senior Counsel appearing for the
appellant/respondent No.5 argued that the appellant belongs to
Motakondur Village of Motakondur Mandal which falls under the Alair
Agriculture Market Committee and therefore, the order passed by the
learned Single Judge is erroneous.
4. The learned counsel for respondent No.1/writ petitioner argued
that the appellant belongs to Katepally Village of Motakondur Mandal
which falls under the Agriculture Market Committee of Mothkur and
therefore, the impugned order passed by the learned Single Judge is to
be confirmed.
5. The learned Government Pleader for Agriculture for respondent
No.2 would submit that the appellant belongs to Katepally Village of
Motakondur Mandal which falls under the Mothkur Agriculture
Market Committee and does not fall under the Motakondur Village of
Motakondur Mandal of Alair Agriculture Market Committee and
therefore, the appellant is not entitled to be appointed as Vice-
Chairman of Alair Agriculture Market Committee.
6. By way of reply, the learned counsel for the appellant has referred
to the Declaration Certificate at Page No.47 of the material papers,
which was filed by respondent No.1/writ petitioner. The said
Certificate was issued by the Naib Tahsildar, Motakondur Mandal,
Yadadri Bhongir District showing that the appellant is a resident of
Katepally Village of Motakondur Mandal. Further, reference is also
made to the Declaration Certificate at Page No.55 issued by the
Tahsildar, Motakondur Mandal, Yadadri Bhongir District showing the
residence of the appellant at Motakondur Village of Motakondur
Mandal.
7. Upon perusing both certificates issued by the Naib Tahsildar and
the Tahsildar of Motakondur Mandal, Yadadri Bhongir District, we are
of the considered opinion that said certificates showing different
residences of the appellant are not considered by the learned Single
Judge and therefore no reason is given for coming to a conclusion that
the appellant is not a resident of villages falling under Alair Agriculture
Market Committee. As such, we deem it necessary to remand the
matter back to the learned Single Judge for deciding on the certificates
produced at Page Nos.47 and 55 by the rival parties showing the
residence of appellant at different villages i.e., Katepally and
Motakondur, falling under different Agriculture Market Committees.
8. Accordingly, the Writ Appeal is disposed of setting aside the
impugned order dated 18.02.2025 in W.P.No.35311 of 2024 and the
matter is remitted back to the learned Single Judge to consider the
aforesaid certificates and decide afresh.
As a sequel, Miscellaneous Petitions, pending if any, stand
disposed of.
___________________
SUJOY PAUL, ACJ
___________________
RENUKA YARA, J
Date: 08.04.2025
gvl
THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL
AND
THE HON'BLE SMT. JUSTICE RENUKA YARA
(Per Hon'ble Smt. Justice Renuka Yara)
Date: 08.04.2025
Gvl
