Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE <r -70 ^ ! M X PRESENT li- V THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 18648 OF 2024 Between: P.Venkamma, S/o.Penchalaiah, aged about 65 years, Occ: Sarpanch, Prabhagiripatnam Gram Panchayat, Podalakuru Mandal, SPSR Nellore. ...PETITIONER AND
1. The State of Andhra Pradesh, rep. by its Principal Secretary, Panchayat Raj Department, Secretariat Buildings, Velagapudi, Guntur, Guntur District.
2. The District Panchayati Officer, Sri SPSR Nellore District, Nellore. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ, order or direction more particularly one in the may nature of WRIT OF MANDAMUS declaring the impugned orders R.O.C.NO.3236/2023-A1 14.08.2024 of the 2"^^ respondent in suspending cheque power of the petitioner without considering the explanation, dated 19.07.2024 submitted by the petitioner by solely rely the report of subordinate officers, without applying independent mind illegal, arbitrary, consequently set-aside the aforesaid impugned orders 2 respondents. dt. on as nd
lA NO: 1 OF 2024 . . 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 to direct the respondents to allow the petitioner to exercise cheque power by suspending the impugned orders of the 2"^^ respondent in R.O.C.NO.3236/2023-A1 dt. 14.08.2024. Counsel for the Petitioner: SRI K.RATHANGA PANI REDDY Counsel for the Respondent Nos. 1 & 2: GP FOR PANCHAYAT RAJ& RURAL DEVELOPMENT The Court made the following: ORDER
THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.18648 of 2024
ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief:
" to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the impugned orders R.O.C.NO.3236/2023-A1, dt.14.08.2024 of the 2"^ respondent in suspending cheque power of the petitioner without considering the explanation, dated 19.07.2024 submitted by the petitioner by solely rely on the report of subordinate officers, without applying independent mind as illegal, arbitrary, consequently set-aside the aforesaid impugned orders of 2"'^ respondent and pass such other order or orders
" The case of the petitioner is that vide the impugned orders dated 14.08.2024, the 2"^^ respondent has suspended the cheque power of the petitioner under Rule 42(1) of the G.O.Ms.No.30 dated 20.01.1995, without considering the explanation dated 19.07.2024 offered by the petitioner, the cheque power is suspended, initially for a period of three (3) months and later it was extended for six (6) months. Hence, the present Writ Petition is filed to set aside the proceedings in suspending the cheque power.
2. Learned Government Pleader appearing for respondent Nos.1 and 2 would submit that subsequently the withholding of cheque drawing powers of the petitioner was extended by the authority.
3. Without delving into the merits of the case, this Court is inclined to dispose of the Writ Petition, directing the respondents to complete the enquiry pending against the petitioner, as expeditiously as possible.
4.
2 preferably within a period of six (6) months from the date of receipt of a copy of this order, failing which the impugned order in the Writ Petition stands set aside and the cheque power stands restored without further reference of the Court. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.
5. As a sequel thereto. Interlocutory Applications pending, if any, shall stand closed.
SDI- K. TATA RAO DEPUTY REGISTRAR //TRUECOPY// SECTION OFFICER To.
1. The Principal Secretary, Panchayat Raj Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Guntur, Guntur District.
2. The District Panchayati Officer, Sri SPSR Nellore District, Nellore.
3. One CC to Sri K.Rathanga Pani Reddy, Advocate [OPUC]
4. Two CCS to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT]
5. Three CD Copies. gi
HIGH COURT DATED: 13/02/2025
ORDER WP.No.18648 of 2024 X 2 I FEB 2025 ^ Current Section ^ ^ r.-.:
DISPOSING OF THE WRIT PETITION WITHOUT COSTS