IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 28184 of 2008 Between: Smt. Manemma (Hindu) W/o. B. Samaiah Maharajpet Gram Panchayat, Shankerpally Mandal, Ranga Reddy District. ..... PETITIONER AND 1 State of A.P. Rep. by its Principal Secretary Panchayat Raj Department, Secretariat, Hyderabad. 2 District Collector (Panchayat Wing) Ranga Reddy District Lakdi-ka-pul, Hyderabad. .....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 Writ of Mandamus or any appropriate writ, order or direction, declaring the action of the 1st respondent in not passing orders in the petition filed along with appeal in Memo No.28283/Pts.II/A2/2008-3 suspending the orders of the 2nd respondent in No.143/2008-B2(Pts.) dated 1-12-2008 as illegal, arbitrary, violative of principles of natural justice and for a consequential order to suspend the operation of the order of the 2nd respondent in No.143/2008-B2(Pts.) dated 1-12-2008. Counsel for the Petitioner:MR.CH.DHANAMJAYA Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : Form-NIC-OGS/WP{KBJ} HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.No.28184 of 2008 ORDER: The petitioner herein claims to be an elected Sarpanch of Maharajpet Gram Panchayat, Shankerpally Mandal, Ranga Reddy District. On certain allegations against her, the 2nd respondent- District Collector (Panchayat Wing), Ranga Reddy District, passed an order No.143/2008-B2 (Pts), dated 01-12-2008, where under the petitioner was removed from the post of Sarpanch and Upa Sarpanch was directed to take charge and send a report to the office. Questioning the said order, the petitioner filed an appeal under Section 249 (7) of the A.P. Panchayat Raj Act, 1994, before the 1st respondent on 04-12-2008 along with an application for stay. 2. The petitioner, however, has approached this Court on the allegation that neither the said appeal nor the application for stay is being taken up on account of pre occupation of the Hon’ble Minister. 3. Be that as it may, in view of averment of the petitioner that the Upa-Sarpanch has not assumed charge, I deem it appropriate to dispose of the writ petition with the following directions: The 1st respondent shall dispose of the appeal and/or the stay petition filed by the petitioner, dated 04-12-2008, questioning the impugned order of the 2nd respondent-District Collector (Panchayat Wing), Ranga Reddy District, dated 01-12-2008, within four weeks, from the date of receipt of a copy of this order. Till such time, the status-quo existing as on today with regard to the office of Sarpanch shall be maintained. 4. With the aforesaid directions, the writ petition is disposed of. No costs. ______________________ 26th December 2008 Note: Furnish C.C. in three days. B/o. KVR