IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 1531 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 15/11/2008 in WP NO : 25150 OF 2008 on the file of the High Court.) Between: Nikode Gangaram S/o.Mallumera R/o.Gurudupet Village, Koutala Mandal, Adilabad District. ..... APPELLANT AND 1 The Revenue Divisional Officer, Asifabad, Adilabad District. 2 Ratnam Bhavuji, M P T C Kauthala, Adilabad District. 3 Durga Bandu, M P T C Gudlabori Adilabad District. 4 Jatoth Venkanna, M P T C Ranvelly, Adilabad District. 5 Kompari Gangu Bai, M P T C Chinthala Manepalli, Adilabad District. 6 Thangade Suman Bai, M P T C Mogad Dhagad, Adilabad District. 7 Jatoth Harila, M P T C Gangapur, Adilabad District. 8 Dhoni Padma, M P T C Muthanpet, Adilabad District. 9 Jade Savitha, M P T C Sandgaon, Adilabad District. 10 Daddi Lachumakka, M P T C Talodi, Adilabad District. .....RESPONDENTS Counsel for the Appellant:MR.N.SRIDHAR REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : JUDGMENT: (per Hon’ble Smt. Justice T. Meena Kumari) This writ appeal is filed questioning the order, dated 15.11.2008 in WP No.25150 of 2008. The appellant herein filed the above writ petition seeking to declare notice No.G/1138/2008 dated 2.11.2008 issued in Form V by the 1st respondent proposing to conduct a meeting of Mandal Parishad, Koutala, Adilabad District, on 18.11.2008 at 11.00 a.m. for considering no confidence motion against him, as illegal and arbitrary. The learned Single Judge dismissed the writ petition. Having aggrieved by the same, the present writ appeal has been preferred. It is the contention of the learned counsel for the appellant that the writ petition was dismissed at the admission stage and the learned Government Pleader had not filed any counter-affidavit on behalf of the respondents. It is further contended that the notice impugned in the writ petition was issued on 2.11.2008, which was a Sunday and it is impossible for any Government servant to issue a notice on Sunday. In the facts and circumstances of the case and in view of the contention raised as to the issuance of notice in question and in the absence of any reply from the respondents-officials by filing any counter-affidavit before the learned Single Judge, without expressing any opinion on merits of the case, we feel that it is a fit case wherein the matter can be remanded for fresh consideration. Accordingly, the writ appeal is allowed setting aside the order under appeal and the matter is remanded for fresh disposal after filing of the counter-affidavit by the respondents-officials. The learned Government Pleader shall file his counter, within a period of three weeks from today. It is made clear that the interim direction issued by a Division Bench of this Court in this appeal, dated 17.11.2008 is extended for a period of four weeks from today. ___________________ Justice T. Meena Kumari _________________________ Justice C.V. Nargarjuna Reddy February 6, 2009 MAS