IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALAKRISHNA TAMADA Writ Petition No.3328 of 2008 Between: Sri Vrnugopala Primary Agricultural Co-operative Pvt., Society Limited, Yarrangagudem, West Godavari District, rep by its President Goddey Satyanarayana, s/o Late Narasayya, aged 53 years, Occ: President of Sri Venugopala Primary Agricultural Co-operative Pvt., Society Limited, Yerrannagudem, West Godavari District. ... PETITIONER AND 1. The Government of Andhra Pradesh, rep by its Secretary, Department of Panchayat Raj, Secretariat, Hyderabad. 2. The District Collector, West Godavari District, Eluru, 3. The District Panchayat Officer, West Godavari District, Eluru 4. Grama Panchayat, Yerrannagudem, West Godavari District, rep by its Secretary. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of 1st respondent in not disposing the appeal against the orders of 3rd respondent, dated 30-06-2007, ROC.No.4047/2007-A4 (P) as illegal, arbitrary, biased, unconstitutional and against the principles of natural justice and consequently direct 1st respondent to dispose of the appeal pending on his file against the orders of 3rd respondent dated 30-06-2007 ROC. No.4047/2007-A4 (P) and to pass such other orders. Counsel for the Petitioner: Smt. D. LALITHA PRASAD Counsel for the Respondent Nos.1&3: GP FOR PANCHAYAT RAJ Counsel for the Respondent No.2: GP FOR REVENUE Counsel for the Respondent No.4: Mr. M. PRABHAKARA RAO The Court made the following: ORDER: - Petitioner is a Society registered under the Cooperative Societies Act and it consists of three villages i.e. Yerrannagudem, Gangayigudem and Krishna Palem. The members of the petitioner Society passed a resolution on 22-03-2006 to install a diesel outlet within the area of operation of the said Society and accordingly an application was made to the Gram Panchayat seeking permission. However, the Gram Panchayat i.e. the fourth respondent herein refused to sanction for consumer outlet of diesel of IBP Company by resolution No.14 dated 05-06-2007. Immediately, the petitioner made an appeal to the third respondent and third respondent by his order dated 30-06-2007 directed fourth respondent – Gram Panchayat to accord permission to the petitioner – Society for erection of petrol pump in the interests of the farmers. Questioning the said permission granted by third respondent, fourth respondent Gram Panchayat preferred an appeal before first respondent, who stayed the order passed by third respondent. Hence, the petitioner approached this Court and filed the present writ petition. 2. Heard learned counsel for the petitioner and learned Government Pleaders for Panchayat Raj and Revenue and learned standing counsel for fourth respondent – Gram Panchayat. 3. It is stated that the appeal preferred by fourth respondent – Gram Panchayat was listed for hearing before first respondent on 17-08-2007 but the same was not heard and thereafter it was adjourned from time to time. 4. As the appeal/representation is pending before first respondent, first respondent is hereby directed to decide the same within a period of eight weeks from the date of receipt of a copy of the order. It is needless to observe that first respondent shall cause notice to the petitioner herein also. 5. Accordingly, the writ petition is disposed of at the stage of admission. No order as to costs. ________________________________ JUSTICE GOPALAKRISHNA TAMADA Dt.01-05-2008 GLV ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER Copy to: 1. The Secretary, Department of Panchayat Raj, Government of Andhra Pradesh, Secretariat, Hyderabad. 2. The District Collector, West Godavari District, Eluru, 3. The District Panchayat Officer, West Godavari District, Eluru. 4. The Secretary, Grama Panchayat, Yerranagudem, West Godavari District. 5. 2CCs to 6. 2CD copies Form-NIC-OGS/WP{TRT}