Telangana High Court
Gundu Sarath Babu vs State Of Telangana on 24 September, 2024
HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.20660 of 2024
ORDER:
This writ petition has been filed seeking to declare the action of respondent No.7 in issuing notices for conducting gramasabha of Bhadrachalam gram panchayat, deciding the agenda and proceeding to conduct the same under the Chairmanship of respondent No.6, despite objections of the Panchayat Extension to Scheduled Areas Committee (PESA Committee) bringing to his notice the illegalities and the severe flood situation prevalent in the area as illegal and arbitrary and consequently, set aside the notice, dated 24.07.2024 issued by respondent No.7 to conduct the Gramsabha on 01.08.2024 and for other appropriate reliefs.
2. The petitioner claims to be the Secretary of the PESA committee constituted under the provisions of the Panchayat (Extension to Scheduled Areas) Act, 1996 (for short "the PESA Act") and the Rules made thereunder. It is the case of the petitioner that since the elections to 2 CVBR, J Wp_20660_2024 Bhadrachalam Gram Panchayat were not conducted, the post of President of PESA Gramsabha is vacant and respondent No.5 is appointed as Special Officer for Bhadrachalam Gram Panchayat and accordingly, the PESA Gramsabha is being conducted from time to time as per the Rules and last Gramsabha was conducted in the month of March, 2024. While the matter stood thus, respondent Nos.6 and 7 issued notice, dated 12.07.2024 fixing the Gramsabha on 18.07.2024 and in the said notice, it was mentioned that respondent No.6 will preside the said meeting, though he is not the Special Officer for Bhadrachalam Grampanchayat and the agenda was also listed pertaining to the issue of grant of licence for quarrying of 99200 CBM sand in designated area of 5 hectares in the sand reach under Bhadrachalam Panchayat Area but the said Gramsabha was not conducted since the said agenda point was already decided vide resolution, dated 08.06.2023. It is the further case of the petitioner that respondent No.7 again issued the impugned notice, dated 24.07.2024 fixing the gramsabha on 01.08.2024 with the same agenda point, therefore, 3 CVBR, J Wp_20660_2024 immediately, a representation, dated 24.07.2024 has been made requesting to cancel and postpone the meeting and pointing out the illegality in the proposed agenda. The grievance of the petitioner is that inspite of submitting the written objections/representation against the conduct of Gramsabha, the authorities are proceeding to conduct the same on 01.08.2024. Hence, the writ petition.
3. Considered the submissions of the learned counsel for the parties and with their consent, this writ petition is disposed of at the admission stage.
4. Learned counsel for the petitioner has submitted that respondent No.6, has not followed the procedure prescribed in Rule 4 of the PESA Rules, 2011 and issued the impugned notice for conducting Gramsabha and prayed this Court to direct respondent No.6 to conduct Gramsabha strictly in terms of PESA Rules framed by the Government in G.O.Ms.No.66, Panchayat Raj and Rural Development (MDL.I) Department, dated 24.03.2011. 4
CVBR, J Wp_20660_2024
5. Sri Krishna Kishore, learned counsel appearing for respondent No.8 has vehemently conducted that respondent No.6 has already convened the Gramsabha on 01.08.2024, strictly in terms of the PESA Rules, 2011 made by the Government in G.O.Ms.No.66, Panchayat Raj and Rural Development (MDL.I) Department, dated 24.03.2011. Learned counsel further submits that after considering the objections raised by the villagers, who participated in Gramsabha and with the approval of the majority members, a resolution has been passed and in terms of Rule 4 of the PESA Rules, 2011 the said resolution has been communicated to the competent authority on 02.08.2024.
6. Learned counsel appearing for the petitioner has disputed the statement made by the learned counsel for respondent No.8.
7. In view of the above submissions, this Court, without expressing any opinion on the issues relating to whether the Gramsabha has not been conducted in accordance with the PESA Rules, 2011 or whether the Gramsabha has 5 CVBR, J Wp_20660_2024 been conducted strictly inconformity with the PESA Rules, 2011 and passed the resolution with the approval of majority members, which are required to be examined by respondent Nos.5 and 6, deems it appropriate to dispose of the writ petition directing respondent Nos.5 and 6 to call for the records pertaining to the Gramsabha conducted on 01.08.2024 and examine whether the Gramsabha has been conducted in terms of the PESA Rules, 2011 and pass appropriate orders on the objections, dated 24.07.2024 submitted by the PESA Committee, in accordance with law, within a period of two (02) weeks from the date of receipt of a copy of this order.
8. With the above observations, this Writ Petition is disposed of. No costs.
9. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
________________________________ JUSTICE C.V.BHASKAR REDDY 24.09.2024 gkv