LAWS(APH)-2006-12-6

DASARI GANGA REDDY Vs. GOVERNMENT OF ANDHRA PRADESH

Decided On December 14, 2006
DASARI GANGA REDDY Appellant
V/S
GOVERNMENT OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) Heard Sri Raghuveer Reddy, learned counsel representing the writ petitioner and the learned Assistant Government Pleader for Panchayat Raj.

(2.) This Court ordered Notice Before Admission on 15.9.2006. Counter affidavit is filed on behalf of the respondents; 1 and 2.

(3.) Sri Raghuveer Reddy, learned counsel representing the writ petitioner had taken this Court through the contents of the affidavit filed in support of the Writ Petition and would maintain that the Government is not justifying in interfering with the unanimous decision taken by the District Level Sand Committee. The learned counsel also would submit that such exercise of power, in the facts and circumstances, under the guise of Section 264 of A.P. Panchayat. Raj Act, 1994 cannot be sustainable. The learned counsel also had drawn the attention of this Court to the subsequent events and would contend that in the light of the same, at least the petitioner can be permitted to operate through manual power and not adopting the mechanical means.