IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT APPEAL No.463 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 23.02.2007 in W.P. No.17113 of 2006 on the file of the High Court.) Between: 1. N.Jayamma, W/o. Balraj, R/o. Thukkuguda, Maheswaram Mandal, Ranga Reddy District. 2. J.Uma Rani, S/o. Yadaiah, R/o.Thukkuguda, Maheswaram Mandal, Ranga Reddy District. 3. P.Lalitha, S/o. Anjaiah, R/o.Thukkuguda, Maheswaram Mandal, Ranga Reddy District. 4. Kallam Yadamma, W/o. Mallaiah, R/o. Thukkuguda, Maheswaram Mandal, Ranga Reddy District. 5. Gurugunta Renuka, W/o. Narsimha, R/o. Thukkuguda, Maheswaram Mandal, Ranga Reddy District. 6. Kallam Anjaiah, S/o. Danaiah, R/o. Thukkuguda, Maheswaram Mandal, Ranga Reddy District. 7. E.Sriramulu, S/o. E.Sathaiah, R/o. Thukkuguda, Maheswaram Mandal, Ranga Reddy District. 8. K.Anjuaiah, S/o. K.Pochaiah, R/o. Thukkuguda, Maheswaram Mandal, Ranga Reddy District. 9. P.Mahender, S/o. Shankaraiah, R/o. Thukkuguda, Maheswaram Mandal, Ranga Reddy District. 10. Siga Pandu, S/o. Balakrishna, R/o. Thukkuguda, Maheswaram Mandal, Ranga Reddy District. 11. G.Sriramulu, S/o. Pentaiah, R/o. Thukkuguda, Maheswaram Mandal, Ranga Reddy District. 12. B.Raju, S/o. Satyanarayana, R/o. Thukkuguda (V), Maheswaram Mandal, Ranga Reddy District. 13. B.Giri, S/o. Ramulu, R/o. Thukkuguda (V), Maheswaram Mandal, Ranga Reddy District. .....Appellants And 1. The Collecltor, Ranga Reddy District. 2. The Mandal Parishad Development Officer 3. The Executive Officer, Tukkuguda Gram Panchayat, Maheshwaram Mandal, Ranga Reddy District. 4. K.Subhadra, W/o. Narasimha Reddy, Tukkuguda Gram Panchayat, Maheshwaram Mandal, Ranga Reddy District. 5. K.Narasimha Reddy, Tukkuguda Gram Panchayat, Maheshwaram Mandal, Ranga Reddy District. .....Respondents Counsel for the appellant : Sri D. Prakash Reddy Counsel for respondent Nos.1 to 3 : Government Pleader for Panchayat Raj & Rural Development. The Court made the following : JUDGMENT: (per Anil R. Dave, C.J.) Being aggrieved by an interim order dated 23rd February, 2007 passed in WPMP.No.21457 of 2006 in Writ Petition No.17113 of 2006, this appeal has been filed by the original petitioners, who claim to be in possession of certain shops. The facts giving rise to the appeal in a nutshell are as under: According to the appellants – petitioners, they had paid Rs.10,000/- each to Tukkuguda Gram Panchayat for allotment of one shop each. They apprehended that they would be dispossessed and, therefore, they filed the petition with a prayer that their possession should not be disturbed. Counter had been filed in the petition wherein it is stated that by the alleged resolution dated 3rd June, 2006, the shops had been allotted to the petitioners, but in fact, on that day, construction of the shops was not over because on 11th August, 2006 and on 26th August, 2006, the concerned Executive Engineer and Deputy Executive Engineer had issued letters to the effect that construction of the shops in question had not been completed. In the circumstances, the entire story with regard to the alleged resolution and allotment of shops cannot be believed. It is pertinent to note that no record in the office of the Gram Panchayat with regard to the alleged resolution could be found. In the aforesaid circumstances, after considering the facts, the learned Single Judge refused to grant any interim relief to the petitioners. Being aggrieved by the said order, the petitioners have approached this Court. Upon hearing the learned Advocates and looking to the fact that no procedure whatsoever was followed before the alleged allotment and as the alleged resolution was passed in June, 2006, when the construction was not even completed in August, 2006, one can safely believe that the resolution and the entire matter with regard to allotment of shops might not be genuine. It is also pertinent to note that the amount of Rs.10,000/- each, which was paid to the Sarpanch of the Gram Panchayat, was deposited in the bank on 11th August, 2006, when a new Sarpanch, upon election, had taken charge on 29th July, 2006. Thus, it appears that the records might have been manipulated by the outgoing Sarpanch. Otherwise, if the amount had been paid by the appellants as per the alleged resolution dated 3rd June, 2006, the amount would have been deposited immediately in the month of June, 2006 and not in August, 2006, as we find from the record. For the aforesaid reasons, we do not find any substance in the appeal. The appeal is, therefore, dismissed. The learned Advocates may approach the learned Single Judge with a prayer that the petition be heard at an early date. We are sure, if such an application is made, the learned Single Judge will give priority to the hearing of the petition finally. ANIL R. DAVE, C.J. 28th April, 2008 R.SUBHASH REDDY, J. ….REGISTRAR To 1. The District Collector, Ranga Reddy District, Lakdikapool, Hyderabad. 2. The Mandal Parishad Development Officer, Maheswaram Mandal, Ranga Reddy District. 3. The Executive Officer, Tukkuguda Gram Panchayat, Ranga Reddy District. 4. Two copies to the Govt. Pleader for Panchayat Raj & Rural Development, High Court Buildings, Hyderabad (OUT). 5. Two C.D. copies. ARS