IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 25939 of 2008 Between: Juttada Gram Panchayat, rep. by Sarpanch, Smt. Nooka Ratnam W/o. Ramana Peddappadu R/o. Juttada Post, Chodavaram Mandal, Visakhapatnam District. ..... PETITIONER AND The District Collector, Visakhapatnam District, Visakhapatnam. .....RESPONDENT 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 to issue a writ, order or direction in the nature of Mandamus declaring the inaction of the respondent herein in not passing orders on the representation made by the Gram Panchayat, Juttada and forwarded to the respondent by Sri Dadi Veerabhadra Rao, M.L.C., Leader of Opposition, A.P. Legislative Council, Government of Andhra Pradesh, as being illegal, unjust, arbitrary and violative of Article 14 of the Constitution of India, and be pleased to pass such other order or orders. Counsel for the Petitioner:MR.E.V.BHAGIRATHA RAO Counsel for the Respondent: GP FOR REVENUE The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.25939 of 2008 ORDER: Juttada Gram Panchayat, represented by Sarpanch, filed instant writ petition praying this Court for a direction to the respondent to consider the representation made by the gram panchayat though a member of legislative counsel on 11.10.2008. In said complaint the petitioner alleged that there has been illegal quarrying of sand in the riverbed of Sarada river abutting the gram panchayat limits and the gram panchayat is deprived of the income. The complaint in the writ petition is inaction on the part of the respondent. Learned Assistant Government Pleader for Revenue raised a preliminary objection. According to him a writ petition by Sarpanch representing gram panchayat would not lie. A reference to Sections 2, 11, 4, 30 and 32 of the Andhra Pradesh Panchayat Raj Act, 1994, supports learned Assistant Government Pleader. Therefore, the writ petition is dismissed giving liberty to the petitioner gram panchayat to approach respondent (District Collector) or file appropriate writ petition. No costs. _____________ (V.V.S.RAO, J) 28th November, 2008 GHN To 1 The District Collector, Visakhapatnam District, Visakhapatnam. 2 2CCs to GP for Revenue 3 2CD copies Form-NIC-OGS/WP{KURR}