m- \ APHC010336782024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE present THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17362 OF 2024 Between: Bommineni Narayana, S/o. Pullaiah, aged about 65 years, Sarpanch, Kunduru Grama Panchayat, Santhamaguluru Mandal, Bapatia District, A.P. Occ R/o. Kunduru Village, ...Petitioner AND 1. The State Of Andhra Pradesh, Rep. by its PrI. Secretary, Panchayat Raj and Rural Development Department Amaravati. Secretariat, Velagapudi, 2. The Commissioner, Panchayat Raj and Rural Development Department, D. No. 12-47, P.V.S. Icon, Near Pratur Cross Road, Tadepalli, Guntur District, A.P. 3. The District Collector, Bapatia District, Bapatia. 4. The District Gram Panchayat Officer, Bapatia, Bapatia District. 5. The Divisional Panchayat Officer, Chirala, Bapatia District. 6. The Executive Officer, Panchayat Raj and Rural Development, Mandal Praja Parishad, Santhamaguluru Mandal, Bapatia District, A.P. 7. The Mandal Parishad Development Officer, Santhamaguluru Mandal, Bapatia District. 8. The Extension Officer, Panchayat Raj and SanthamaguluruMandal, BapatlaDlstrict Rural Development, 9. KunduruGrama Panchayat, Rep, by Panchayat Secretary Village, SanthamaguluruMandal BapatlaDlstrict Kunduru A.P. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, pleased to issue any writ, order the High Court may be or Direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent authorities more particularly the Respondent No.4 In Issuing the impugned Show Cause Notice vide Roc. No. 109/2024-B dated 26 03.2024 by cancelling the cheque power of the Petitioner from drawing general funds, 14'^ and 15th finance commission and other funds lodged i the Sub Treasury and the Bank in concerned from 18.03.2024 to 17,06.2024 and further extending the cheque power cancellation period from 18.06,2024 to 17.09.2024 by issuing Revised Show Cause Notice vide Roc. No 109/2024-B dated 22.07.2024 as illegal arbitrary, unjust and contrary to the provisions of the A.P. Panchayat Raj Act 1994 and consequently set aside the same. lA NO: 1 OF 9n9d Petition under Section 151 CPC in the affidavit filed in support of the petition pass praying that in the circumstances stated the High Court may be pleased to an Interim order by suspending the impugned Show Cause Roc. No. 109/2024-B dated 26.03.2024 Notice vide and Revised Show Cause Notice vide Roc. No. 109/2024-B dated 22,07.2024 issued by the Respondent No. 4 to the Petitioner, until disposal of the above Writ Petition. / V* Counsel for the Petitioner: SRI SRINIVASA RAO NARRA Counsel for the Respondent Nos.1,2,4,5,6,8: GP FOR PANCHAYAT RAJ RURAL DEV r Counsel for the Respondent No.3: GP FOR REVENUE Counsel for the Respondent No.9: SRI K M KRISHNA REDDY The Court made the following order: ::1:: APHC010336782024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17362/2024 [3329] Between: 1 BOMMINENI NARAYANA, S/0. PULLAIAH, AGED ABOUT OCC SARPANCH, KUNDURU GRAMA KUNDURU 65 YEARS, PANCHAYAT, VILLAGE, SANTHAMAGULURU MANUAL, BAPATIA DISTRICT, A.P. ...PETITIONER R/0. AND 1 THE STATE OF AP, REP. BY ITS PRI. SECRETARY, RURAL DEVELOPMENT SECRETARIAT, VELAGAPUDI, PANCHAYAT RAJ AND DEPARTMENT, AMARAVATI. 2 THE COMMISSIONER, PANCHAYAT RAJ AND RURAL D. NO. 12-47, P.V.S, TADEPALLI, DEVELOPMENT DEPARTMENT ICON, NEAR PRATUR CROSS ROAD, GUNTUR DISTRICT, A.P. 3.THE DISTRICT COLLECTOR, BAPATLA DISTRICT, BAPATLA. 4.THE DISTRICT GRAM PANCHAYAT OFFICER, BAPATLA, BAPATLA DISTRICT. 5.THE DIVISIONAL PANCHAYAT OFFICER, CHIRALA, BAPATLA DISTRICT. 6 THE EXECUTIVE OFFICER, PANCHAYAT RAJ AND RURAL DEVELOPMENT, MANDAL PRAJA PARISHAD, SANTHAMAGULURU MANDAL, BAPATLA DISTRICT, A.P. 7.THE MANDAL PARISHAD DEVELOPMENT OFFICER, SANTHAMAGULURU MANDAL, BAPATLA DISTRICT. 8 THE EXTENSION OFFICER, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SANTHAMAGULURUMANDAL, BAPATLADLSTRICT 9.KUNDURUGRAMA PANCHAYAT, REP. BY PANCHAYAT ? 2 VILLAGE, SANTHAMAGULURUMANDAL BAPATLADLSTRICT, A.P. ...RESPONDENT(S): KUNDURU SECRETARY, 3 This Court made the following ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief; 1. wr/f, order or Direction more “to issue any particularly one in the nature of writ of Mandamus declaring the action of the Respondent authorities more particularly the Respondent No.4 in issuing the impugned Show Cause Notice vide Roc. No. 109/2024-B dated 26.03.2024 by cancelling the of the Petitioner from drawing and 15*^ finance commission cheque power general funds, 14 and other funds lodged in the Sub Treasury and the Bank concerned from 18.03.2024 to 17.06.2024 and further extending the cheque power cancellation period from 18.06.2024 to 17 09 2024 by issuing Revised Show Cause Notice vide Roc. No. 109/2024-B dated 22.07.2024 as illegal, arbitrary, unjust and contrary to the provisions of the A.P. Panchayat Raj Act, 1994 and consequently set aside the same and pass.... th learned counsel for the petitioner and the learned Pleader for Panchayat Raj for the respondent Nos.1, 2. Heard the Government 2,4, 5,6,8. of the compliance with the order of this Court dated learned counsel for the petitioner filed an 03.07.2025, seeking permission to allow the withdraw the balance amount of Rs. 6,14,373/- from 3. In view 27.03.2024, the undertaking dated petitioner to 4 the Gram Panchayat funds by restoring the cheque power, as the directions of this Court to be complied with. Pursuant to the written instructions submitted by respondent No. 4, dated 02.07.2025, it is stated that the cheque power of the petitioner will be restored to address the specific purpose to deposit of the said amount of Rs.6,14,373/- for compliance of the order of this court in other proceedings. 4. In view of the undertaking affidavit filed by the learned counsel for the petitioner and the written instructions issued by the 4*^^ respondent dated 02.07.2025, on perusal of the material available on record, this Court is of the considered view that the present Writ Petition can be disposed of by directing the petitioner to withdraw and pay an amount of Rs. 6,14,373/- to the concerned contractor in terms of the undertaking submitted before this Court as per the earlier directions of this Court in W.P. No. 29612 of 2021, after restoration of cheque power in favour of the petitioner by the concerned authorities/District Panchayat Officer. After such payment was made by the petitioner, the respondent authorities are at liberty to proceed further or to pass appropriate proceedings in accordance with law. 5. 5 With the above direction, writ petition is disposed of. No 6. costs. As a sequel, interlocutory applications if any pending, shall stand closed. Sd/- SRJNIV.AS assistant registrar //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravati. 2. The Commissioner, Panchayat Raj and Rural Development Department, D. No. 12-47, P.V.S. Icon, Near Pratur Cross Road, Tadepalli, Guntur District, A.P. 3. The District Collector, Bapatia District, Bapatla. 4. The District Gram Panchayat Officer, Bapatla, Bapatla District. 5. The Divisional Panchayat Officer, Chirala, Bapatla District. 6. The Executive Officer, Panchayat Raj and Rural Development, Mandal Praja Parishad, Santhamaguluru Mandal, Bapatla District, A.P. 7. The Mandal Parishad Development Officer, Santhamaguluru Mandal, Bapatla District. 8. The Extension Officer, Panchayat Raj and Rural Development, SanthamaguluruMandal, BapatlaDlstrict 9. Panchayat Secretary, KunduruGrama Panchayat, Kunduru Village, SanthamaguluruMandal BapatlaDlstrict, A.P. 10. One CC to Sri. Srinivasa Rao Narra, Advocate [OPUC] 11. Two CCs to GP For Panchayat Raj Rural Dev, High Court of Andhra Pradesh [OUT] 12. One CC to Sri. K M Krishna Reddy, Advocate [OPUC] 13. Two CCs to GP For Revenue, High Court of Andhra Pradesh [OUT] 14. Two CD Copies. AL -f' HIGH COURT DATED:23/07/2025 ORDER WP NO. 17362 OF 2024 a 0 3 SEP 2025 )g ♦SStfwtSwiiaixv DISPOSING OF THE W.P. WITHOUT COSTS