APHC010119332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6006/2025 Between: 1. SHAIK KHADAR BEE, W/O KHADAR MASTAN, AGED ABOUT 45 YEARS, C/O 1-61, KOVILAMPADU, KOVILAMPADU MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH- 523112 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, REVENUE DEPARTMENT, 4TH BLOCK, GROUND FLOOR, ROOM NO 135, A.P SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATHI, GUNTUR DIST, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, KOVILAMPADU, KOVILAMPADU MANDAL,PRAKASAM DISTRICT, ANDHRA PRADESH. 3. THE JOINT COLLECTOR, KOVILAMPADU, KOVILAMPADU MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH. 4. THE DISTRICT PANCHAYAT OFFICER, KOVILAMPADU, KOVILAMPADU MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH. 5. THE DIVISIONAL PANCHAYAT OFFICER, KANIGIRI, KOVILAMPADU 2 MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH. 6. THE MANDAL PARISHADH DEVELOPMENT OFFICER, PAMURU, KOVILAMPADU, KOVILAMPADU MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH. 7. THE KOVILAMPADU GRAM PANCHAYAT, REP. BY ITS SECRETARY, KOVILAMPADU MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ Order or direction particularly, one in the nature of writ of Mandamus declaring the action of the respondents in issuing impugned proceedings vide RC.No.770/2024( PTS)A dated 01.03.2025 as arbitrary, illegal, unconstitutional, without jurisdiction, violation of article 14,19,21 and principles of natural justice and contrary to the provisions of A.P.Panchayat Raj Act 1994 and Rule 42 of G.O.Ms.No.30 dated 20.01.1995 of Panchayat Raj Rural Development and set a side the same and also consequently direct the respondents to restore the cheque drawing power forthwith and to pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the impugned proceedings vide RC.NO.770/2024(PTS)A dated 01.03.2025 and also direct the respondents to consider the explanation made by the petitioner dated 20.02.2025 forthwith pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. REGULAGADDA VENKATESH Counsel for the Respondent(S): 3 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: 4 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6006/2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…..pleased to issue a Writ Order or direction particularly one in the nature of writ of Mandamus declaring the action of the respondents in issuing impugned proceedings vide RC.No.770/2024(PTS)A dated 01.03.2025 as arbitrary, illegal, unconstitutional, without jurisdiction, violation of article 14, 19, 21 and principles of natural justice and contrary to the provisions of A.P. Panchayat Raj Act 1994 and Rule 42 of G.O.Ms.No.30 dated 20.01.1995 of Panchayat Raj Rural Development and set a side the same and also consequently direct the respondents to restore the cheque drawing power forthwith and to pass…..” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. The learned counsel for the petitioner submits that the petitioner is the elected Sarpanch of the 7th respondent Gram Panchayat. However, in response to third-party allegations and complaints, the cheque drawing power of the petitioner was suspended by the 4th respondent vide Rc.No.770/2024(Pts)A2, dated 01.03.2025, without specifying the duration of such suspension, which is contrary to the Rule 42.(1) of Rules 1995. 5 4. He further submits that the suspension of the cheque drawing power of an elected representative for an indefinite period is contrary to the provisions of Rule 42.(1) as well as the ratio laid down by this Court in W.P.No.21173 of 2023, dated 22.08.2023, wherein, the relevant portion is extracted hereunder: 8. Rule 42 of the Rules Relating to Certain Taxes and Lodging of Moneys Received By the Gram Panchayats and Payment of Money from the Gram Panchayt Fund („the Rules‟ for short) issued vide G.O.Ms.No.30, Panchayat Raj Rural Development and Relief, Dt.20.01.1995 is germane for the present purpose and the same reads as follows: "42.(1) The District Panchayat Officer concerned may, for sufficient reasons to be recorded in writing, prohibit by an order any [Sarpanch] from drawing the moneys of the gram panchayat for such period as may be specified in such order. Provided that no such order shall be passed unless opportunity of making representation has been given to the [Sarpanch] concerned. Provided further that the District Panchayat Officer may issue an interim direction to the [Sarpanch] not to draw the moneys of the gram panchayat pending the exercise of his powers under this sub-rule. (2) Any [Sarpanch] aggrieved by an order passed by the District Panchayat Officer concerned under sub-rule (1) may prefer an appeal in writing to the District Collector concerned within seven days of the receipt of the order and the decision of the District Collector thereon shall be final". 5. It is further submitted that Rule 42.(1) specifically contemplates that the suspension of the cheque drawing power of an elected representative must be 6 for a specified period and cannot be suspended indefinitely. Hence, the Writ Petition. 6. On the other hand, the learned Government Pleader appearing for the respondents has furnished a copy of written instructions issued by the 4th respondent dated 24.07.2025, wherein, the relevant portion is extracted hereunder: “After careful consideration, the cheque drawing powers of Smt Khader Bee , W/o khader Mastan Sarpanch Gram Panchayat Kovilampadu , C.S.Puram Mandal is hereby restored. The Sarpanch Kovilampadu Gram Panchayt is here by warned that if any irregularities /Misappropriation found in Gram Panchayat funds in future .The action will be taken against her without giving any prior notice. The Mandal Parishad Development Officer and Deputy Mandal Parishad Development Officers of Chandra Shekara PUram are here by directed to take necessary action in this regard. The Sub Treasury Officer Kanigiri is requested to allow the drawing powers of Smt Khader Bee , W/o Khader Mastan Sarpanch Gram Panchayat Kovilampadu , C.S.Puram Mandal.” 7. The learned Government Pleader further submits that, since the enquiry was already completed and the authority of the petitioner to draw the moneys is hereby restored. Therefore, the petitioner should be permitted to resume the authority to draw cheques against the funds of the 7th respondent-Gram Panchayat. 7 8. Having regard to the submissions of the learned counsel for the petitioner, the learned Government Pleader and on perusal of the written instructions dated 24.07.2025, it is observed that the grievance of the petitioner has been redressed by the respondents and restored her authority. Consequently, no further orders are necessary in this Writ Petition. 9. By observing the same, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 01.08.2025 SCH 8 281 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.6006 of 2025 01.08.2025 SCH