ARISELLI SRINIVASA RAO Vs. STATE OF A P

JUDGEMENT

(1.) The petitioner states that he was declared as the highest bidder for collection of Asseelu in Hiramandalam Market Yard, auctioned by respondent No. 4-Gram Panchayat for the year 2006-07 and that thereupon, he entered into an agreement with respondent No.4-Gram Panchayat on 31-03-2006 for collecting the Asseelu. According to him, as per the provisions of Section 104 of the A.P. Panchayat Raj Act, 1994 (hereinafter referred to as 'the Act'), he is entitled to collect fee from the goods and other vehicles entering the area of Hiramandalam Gram Panchayat.

(2.) However, he states that contrary to the provisions of Section 104 of the Act, respondent No.4-Gram Panchayat, based on the orders dated 25-04-2003 of respondent No.1 -Government, the orders dated 25-04-2006 of respondent No.2- District Collector and the orders dated 01-05-2006 of respondent No.3-District Panchayat Officer, issued orders dated 03-05-2006, directing him not to collect Aseelu/Octroi/Rusumu from the vehicles that are being used in the construction of Vamsadhara Project. As the said order of respondent No.4-Gram Panchayat, curtailed his right to collect Asseelu from the vehicles that are used in the construction of Vamsadhara Project, he filed writ petition in W.P.No.14099 of 2006 questioning the said order of respondent No.4-Gram Panchayat.

(3.) This Court, while admitting the above writ petition, vide orders dated 12-10-2006, suspended the order of respondent No.4- Gram Panchayat. Later by order dated 07-12-2006, this Court disposed of the writ petition itself holding that the petitioner is entitled to collect Asseelu as per the provisions of Section 104 of the Act. As the official respondents failed to implement the order dated 07-12-2006 passed by this Court by directing respondent No.5-Contractor to pay Asseelu, the petitioner filed contempt case in C.C.No.278 of 2007, and this Court by order dated 17-09-2007, upon perusing the counters of the respondents therein, closed the same.