IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 16280 of 2007 Between: Mahajan Latchaiah S/o.Rajam R/o.H.No.1-4-208, Metpally village and Mandal karimnagar District ..... PETITIONER AND 1 The Government of AP., rep.by its Prl.Secretary Panchayat and Rural Development (PTS.III) Secretariat Hyderabad 2 The Panchayat And Rural Development, rep.by its Commissioner, Himayatnagar, Hyderabad 3 The District Collector (PW), Karimnagar District at karimnagar 4 The District Panchayat officer, Karimnagar District at Karimnagar 5 Metpally Municipality, rep.by its Commissioner, Metpally village and Mandal, karimnagar District 6 Sambari Shankar S/o.Chinnaiah R/o.Metapally village and Mandal, Karimnagar District .....RESPONDENT(S) 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 a writ or order more particularly one in the nature of writ of mandamus or any other appropriate writ to declare the action of the 1st respondent in allowing the revision petition filed by the 6th respondent herein by its order dated 13.7.2007 in G.O.Rt.No.985 without furnishing the enquiry report which is said to have been conducted by the District collector, Karimnagar District as illegal, arbitrary, against all cannons of fair play and natural justice and consequently set aside the same and to pass Counsel for the Petitioner: MR.SITA RAM CHAPARLA Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON’BLE MR. JUSTICE GODA RAGHURAM W.P.NO. 16280 OF 2007 ORDER: This writ petition is directed against an order of the State Government, the first respondent allowing the appeal filed by the 6th respondent, by the order dated 13.7.2007 in G.O.Rt.No. 985. The principal complaint, amongst others, is that the 1st respondent had passed the impugned order without furnishing a copy of the report of enquiry, claimed to have been conducted by the 3rd respondent, the District Collector, Karimnagar district, which constituted the basis for the impugned order. The report of the District Collector was the substantive material on the basis of which the 1st respondent adjudicated the revision preferred by the 6th respondent and founded its conclusions for allowing the revision and setting aside the proceedings of the 4th respondent dt. 9.8.2000 and directing the 3rd respondent to take necessary action under the provisions of the Andhra Pradesh Panchayat Raj, 1994 for restoration of 18 feet road formation as per the resolution of the Metpalli Gram Panchayat. When the matter is taken up for hearing, the learned Government Pleader for Panchayat Raj places before this Court an order of the 1st respondent in G.O.Rt.No. 599, dt. 17.4.2008 whereby the 1st respondent, having realized the invalidity of the earlier revisional order in G.O.Rt. No. 985 (on account of non-furnishing of the enquiry report of the Collector to the petitioner), has rescinded the earlier order in G.O.Rt.No. 985. The order of the 1st respondent in G.O.Rt.No. 599 states that the date and time of re-hearing of the revision filed by the 6th respondent would be intimated separately. In the light of the above development, no specific orders are required in this writ petition. The 1st respondent shall expeditiously dispose of the revision of the 6th respondent in accordance with law after giving reasonable and fair opportunity to the petitioner and the 6th respondent. The writ petition is disposed of accordingly. No order as to costs. ___________________ GODA RAGHURAM, J Dt.18.4.2008 KR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Government of AP., rep.by its Prl.Secretary Panchayat and Rural Development (PTS.III) Secretariat Hyderabad 2 The Panchayat And Rural Development, rep.by its Commissioner, Himayatnagar, Hyderabad 3 The District Collector (PW), Karimnagar District at karimnagar 4 The District Panchayat officer, Karimnagar District at Karimnagar 5 Metpally Municipality, rep.by its Commissioner, Metpally village and Mandal, karimnagar District 6. 2 CCs to GP for Panchayat Raj and Rural Development 7. 2CD copies Form-NIC-OGS/WP{TRK}