IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT APPEAL NO : 368 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 28/03/2008 in WP NO : 2353 OF 2008 on the file of the High Court.) Between: Grameena Santhala Abhivruddi Society, Rep. by its President T. Sudheer Reddy, S/o. Anantha Reddy, Aged about 45 Yars, Occ: Business, R/o. Gajnagar Village and Mandal, Devarakonda, Nalgonda District. ..... APPELLANT AND 1 The State of Andhra Pradesh, Rep. byits Secretary Department of Panchayat Raj and Rural Employment, Secretariat, Hyderabad. 2 The District Collector (Panchayat Wing), Nalgonda, Nalgonda Ditrict. 3 The District Panchayat Officer, Nalgonda, Nalgonda District. 4 The Divisional Panchayat Officer, Nalgonda District. 5 Gajinagar Gram Panchayat, Rep. byits Secretary, D. Konda Mandal, Nalgonda District. 6 D.Venkateshwarlu S/o.Sri D.Narsimha R/o.Narketpally village and Mandal, Nalgonda District. .....RESPONDENTS Counsel for the Appellant:MR.G.NATHESH REDDY Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT APPEAL NO : 368 of 2008 JUDGMENT : (Per Hon’ble Sri Justice R.Subhash Reddy) This writ appeal is filed by the original petitioner in writ petition No. 2353 of 2008. In the writ petition, the petitioner has challenged the order dated 25th of January 2008, passed by the District Collector, Nalgonda in Proceedings No.1729/2007-B3 (PTCS). The dispute relates to conduct of cattle market. The appellant herein claims to have got leasehold rights for conducting cattle market, from Grampanchayat, Gajinagar. The 6th respondent is also granted leasehold rights to conduct cattle market on Sundays in the limits of Mallepalli Grampanchayat. On the ground that the Grampanchayat, Gajinagar has passed a resolution permitting the petitioner to conduct cattle market, and as per the instructions issued in G.O.Ms.No.1403 Planning and Local Administration Department, dated 17.10.1961, no such market can be conducted within a distance of five kilometers, the 6th respondent has filed a representation before the District Collector (Panchayat Wing), Nalgonda. Based on the inquiry report of Divisional Panchayat Officer, Miryalguda while forwarding his recommendations for cancellation of resolution of th e Grampanchayat, Gajinagar, the District Collector passed the impugned order directing the Grampanchayat, Gajinagar, not to conduct cattle market on Sundays and however, the Grampanchayat, Gajinagar is permitted to conduct cattle market on any other day without hindrance to the cattle market being conducted on Sundays by the 6th respondent, pursuant to the leasehold rights granted by the Grampanchayat, Mallepalli. In this appeal, it is contended by Sri G.Nathesh Reddy, learned counsel for the appellant that interim orders were granted on 07.02.2008, suspending the impugned proceedings dated 25.01.2008, passed by the District Collector, Nalgonda, but however, without recording any reasons, those interim orders were vacated by the learned Single Judge. It is further submitted that in the absence of either suspension or cancellation of the resolution of Grampanchayat, Gajinagar, there is no authority for the District Collector for issuance of the impugned proceedings. On the other hand, it is submitted by S r i B.Adinarayana, learned counsel appearing for the 6th respondent that there was no valid resolution of the Grampanchayat so as to allow the appellant-Society to conduct cattle market on Sundays within the limits of Gajinagar village, which is within the prohibited area of five kilometers, as per the instructions of the Government. It is also submitted by the learned Government Pleader that asmuch as there is no valid resolution of the Grampanchayat, the appellant is not having any right to conduct the cattle market. Though the learned counsel for the parties have made submissions with regard to merits of their respective claims, but however, having obtained interim orders, the learned counsel for appellant/writ petitioner was absent before the learned single Judge inspite of giving several opportunities. By recording the same, the interim orders were vacated. When the matter has come up for hearing on last occasion, the learned Government Pleader was asked to verify whether any orders are passed by the Government, on the recommendations made by the District Collector for cancellation of resolution passed by the Grampanchayat, Gajinagar. Today, when the matter is taken up, it is submitted that no orders are passed by the Government either suspending or cancelling the said resolution. Whether the order passed by the District Collector is sustainable or not in the absence of either cancellation or suspension of the resolution passed by the Grampanchayat, is the matter which is required to be considered. The learned single Judge did not record any reasons on merits and disposed of the matter in view of the absence of the learned counsel for the appellant inspite of giving opportunities. In the aforesaid circumstances, having regard to the facts and circumstances of the case and in the interest of justice, we deem it appropriate to give one more opportunity to the appellant, by imposing certain costs. Keeping it open for the parties to submit their case before the learned Single Judge, the order dated 28.03.2008 passed in W.V.M.P.No.802 of 2008 in W.P.No.2353 of 2008 is set aside subject to condition of payment of costs of Rs.1,000/- (Rupees one thousand only), payable to Smt.Jhansi, learned counsel for the vacate stay petitioner, within a period of one week from today. We accordingly allow this writ appeal and request the learned single Judge hearing the subject cases as per the roster, to dispose of the matter afresh by hearing learned counsel for the parties. Office to list the matter before the learned single Judge on 30.06.2008. Learned counsel for the parties shall cooperate for disposal of the petitions, without seeking further adjournments. _________________ ANIL R. DAVE, CJ 23rd June 2008 ______________________ R. SUBHASH REDDY, J ajr To 1 The Secretary, Department of Panchayat Raj and Rural Employment, State of Andhra Pradesh, Secretariat, Hyderabad. 2 The District Collector (Panchayat Wing), Nalgonda, Nalgonda Ditrict. 3 The District Panchayat Officer, Nalgonda, Nalgonda District. 4 The Divisional Panchayat Officer, Nalgonda District. 5 The Secretary, Gajinagar Gram Panchayat, Deverkonda Mandal, Nalgonda District.