IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 16243 of 2008 Between: Modala Maramma W/o.Maraiah Babusaipet village TripuraramMandal Nalgonda District ..... PETITIONER AND 1 Government of AP., rep.by its Secretary Panchayat Raj & Rural Development Departrment., secretariat Hyderabad 2 The District Collector (Panchayat Wing) Nalgonda District 3 Bojja Yadaiah Sarpanch Babusaipet Gram panchayat, Tripuraram Mandal Nalgonda District .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ order or direction more particularly one in the nature of writ of Mandamus directing the 1st respondent herein to forthwith dispose of the appeal filed by the 3rd respondent in bearing No.15041/Pts.II/A1/2008 dated 26.6.2008 and to grant such other relief or reliefs as this Hon`ble court deems fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.PALLENAGESWAR RAO Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 16243 of 2008 O R D E R: The 3rd respondent herein, who is the Sarpanch of Babusaipet Grampanchayat, was removed from the Office by the 2nd respondent by proceedings dated 14-02-2008. Aggrieved by the same, he preferred an appeal before the 1st respondent under Section 249(7) of the A.P. Panchayat Raj Act, 1994. The petitioner herein who claims to be a ward member of the said Grampancahayt filed this writ petition aggrieved by the inaction on the part of the 1st respondent in disposing of the 3rd respondent’s appeal. It is stated that pending the appeal, the order of removal dated 14-02-2008 has been stayed and the petitioner has already filed an application before the 1st respondent to vacate the said order. Since the statutory appeal is pending before the 1st respondent and the petitioner has already moved the 1st respondent to vacate the interim order, it is for the 1st respondent to hear both the parties and pass appropriate orders on merits. The writ petition filed at this stage is premature and cannot be maintained. Accordingly, the writ petition is dismissed leaving it open to the petitioner to make his submissions before the 1st respondent, before whom the appeal is pending. No costs. ______________ G. ROHINI,J Date: 28-07-2008 KLP