A. KRISHNA Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The present writ appeal has been filed by Mr. A.Krishna, Sarpanch, Kistareddypet Gram Panchayat, Ameenpur Mandal, Sanga Reddy District, being aggrieved by the order dated 18.10.2021 passed in W.P.No.22640 of 2021 by the learned Single Judge.

(2.) The facts of the case reveal that the appellant before this Court is an elected Sarpanch of the Kistareddypet Gram Panchayat, Ameenpur Mandal, Sanga Reddy District and a show cause notice was issued on 06.09.2021 by the Collector in exercise of powers conferred under Section 37(1) of the Telangana Panchayat Raj Act, 2018 (hereinafter referred to as "the Act"). The appellant preferred a writ petition before this Court challenging the show cause notice on the ground that the Collector under Section 37(1) of the Act is required to form an opinion in the matter of removal of a Sarpanch and the Collector in a mechanical matter has issued the show cause notice based upon the complaints of the villagers and the report of the Divisional Panchayat Officer and therefore, as the show cause notice was not issued with an independent mind that too without forming an opinion, it deserves to be set aside.

(3.) The learned Single Judge has dismissed the writ petition holding that after receiving the complaint, a report was called from the Divisional Panchayat Officer and after due application of mind and after forming an opinion based upon the material, the Collector has issued the show cause notice and therefore as the writ petition was only against a show cause notice, the same has been dismissed.