IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA W.P.Nos.14124, 14130, 14135, 14137, 14141 and 14153 of 2009 WRIT PETITION NO : 14124 of 2009 Between: P. Sada S/o. Yadagiri R/o. 5-107, Ghatkesar Village, Ghatkesar Mandal, Ranga Reddy District. ..... PETITIONER AND 1 Government of Andhra Pradesh, Rep. by its Secretary (Panchayat Raj), Secretariat Buildings, Hyderabad. 2 The District Collector, Ranga Reddy District, Lakdikapool, Hyderabad. 3 The District Panchayat Officer, Ranga Reddy District. 4 The Gram Panchayat, Rep. by its Executive Officer, Ghatkesar Gram Panchayat, Ranga Reddy 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, order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th Respondent in issuing Notice vide G.P.G.NO. /Market/2009 dt. 29-6-2009 as arbitrary, illegal and violative of Article 14, 21 and 300-A of the Constitution of India and principles of Natural justice, consequently set aside the same, Counsel for the Petitioner:MR.HARENDER PRASAD Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : COMMON ORDER: All these six writ petitions are filed questioning the action of the 4th respondent – Executive Officer, Ghatkesar Gram Panchayat, Ranga Reddy District in issuing the notice dated 29.6.2009 directing the petitioners to vacate and hand over the shops occupied by them within seven days from the date of receipt of the notice and hence they are heard and disposed of by this common order. It is the admitted case of the petitioners as well as the respondents that the petitioners were allotted shops constructed by the Gram Panchayat, Ghatksar, under S.G.R.F funds and letter of allotments were also issued on 16.10.2008. The newly elected Gram Panchayat Committee also passed a resolution on 16.12.2008 confirming the resolution passed by the previous committee. Thereafter, the petitioners occupied the shops and are in possession of the same by running their respective business. It is also the admitted case that the petitioners paid the agreed amounts and the same were credited to the Gram Panchayat Account. While so, a writ petition was filed before this Court being W.P.No.3521 of 2009 by one Abbasani Yadagiri Yadav challenging the allotment of shops made in favour of the petitioners contending that the same was done in violation of G.O.Ms.No.496, PR dated 11.6.1996 as per which the shops shall be allotted by conducting public auction. The said writ petition was disposed of by this Court at the admission stage itself directing the third respondent therein to finalise the enquiry undertaken by him into the allegations made by the petitioner therein, within a period of four weeks from the date of receipt of a copy of the said order. The learned standing counsel for the respondent Gram Panchayat also submits that after the said directions of this Court, an enquiry was conducted and the report is placed before the Government for taking necessary action and, as yet, no action is taken either to cancel the allotments made in favour of the petitioners herein or otherwise. While the matters stood thus, the impugned notice is issued by the Executive Officer of the 4th respondent Gram Panchayat herein directing the petitioners to vacate the shops pending final orders to be passed in respect of allotment of the shops and hence this writ petition. On the last occasion, when the matters were taken up, the learned standing counsel submitted that since the matter is pending before the Government, the Executive Officer issued the impugned notices. Since the petitioners were put in possession of the shops after collecting the amounts, which was the subject matter of another writ petition and already an enquiry was conducted and a report was submitted for consideration and the decision is yet to be taken by the authorities, this Court on 16.7.2009 ordered for the appearance of the District Panchayat Officer, Ranga Reddy District, the 3rd respondent herein as well as the Executive Officer of the Ghatkesar Gram Panchayat and directed them to explain the reasons for issuing the impugned notices. Accordingly, respondents 3 and 4 appeared on 24.7.2009 and sought time. Today, when the matters are taken up, the learned standing counsel for the respondent Gram Panchayat as well as the learned Government Pleader for Panchayat Raj produced before this Court a memo stating that they have withdrawn the impugned proceedings and consequently the shops, which were taken possession from the petitioners, were also handed over to the petitioners. In view of the above, no further orders are required to be passed in these writ petitions and they are accordingly closed. N.V.RAMANA,J Dt.4.8.2009 msv