I i #1 APHC010395062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 20391 OF 2025 Between: A. Kalamma, W/o. A.Indrapap, Aged about 47 yrs, Occ. Sarpanch, R/o.D.No.1-42, Konganapalli Village, Ramakuppam Mandal, Chittoor District. ...Petitioner AND 1. The State of Andhra Pradesh, rep., by its Panchayat Raj and Rural Development Department, Buildings, Velagapudi, Amaravathi. 2. The District Panchayat Officer, Chittoor District, Chittoor. 3. The Divisional Panchayat Officer, Chittoor District, Chittoor. 4. The Konganapkili Grampanchyat, rep by its Panchayat Secretary Ramakuppam Mandal, Chittoor District. Principal Secretary, Secretariat ...Respondents 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 to issue an appropriate Writ order or direction more particularly one in the nature of Writ of Mandamus seeking to declare the proceedings in Ref.No.1295/2024(A1), dated 22.01.2025 issued by the Respondent No.3 arbitrary, illegal, highhanded, and a colorable exercise of power contrary to well-established legal principles and the provisions of the Panchayat Raj, as 1994 and viofative of the fundamental and constitutional rights guaranteed to me under Articles 14, 19, 21, and 300A of the Constitution of India and consequently set aside the impugned proceedings. lA 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 to suspend the proceedings in Ref.No.1295/2024(A1), dated 22.01.2025 issued by the Respondent No.3, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI S NAGARAJU Counsel for the Respondent Nos. 1 to 3: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No.4: SRI M SUDHIR (SC FOR ZPPS, MPPS &GP) The Court made the following order: APHC010395062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 20391 /2025 Between: 1.A. KALAMMA, W/0. A.INDRAPAP, AGED ABOUT 47 YRS, OCC. R/O.D.NO.1-42, KONGANAPALLI VILLAGE, RAMAKUPPAM MANUAL, CHITTOOR DISTRICT. SARPANCH ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHi. 2.THE DISTRICT PANCHAYAT OFFICER, CHITTOOR DISTRICT, CHITTOOR. 3.THE DIVISIONAL PANCHAYAT OFFICER, CHITTOOR DISTRICT, CHITTOOR. 4.THE KONGANAPKLLI GRAMPANCHYAT, , REP BY ITS PANCHAYAT SECRETARY, RAMAKUPPAM MANUAL, CHITTOOR DISTRICT. ...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 an appropriate Writ order or direction more particularly one in the nature of Writ of Mandamus seeking to declare the proceedings in Ref.No.l295/20 24(AI), dated 22.01.2025 issued by the Respondent No.3 as arbitrary, illegal, highhanded, and a colorable exercise I'. 2 of power contrary to well-established legal principles and the provisions of the Panchayat Ra], 1994 and violative of the fundamental and constitutional rights guaranteed to me under Articles 14, 19, 21, and 300A of the Constitution of India and consequently set aside the impugned proceedings and pass lA 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 proceedings in Ref.No.1295/2024(A1), dated 22.01.2025 issued by the Respondent No.3, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1.S NAGARAJU Counsel for the Respondent{S): 1.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: * 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 20391/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief; "to issue any writ or direction more particularly a writ in the nature of Writ of Mandamus declaring declare the proceedings in dated 22.01.2025 issued by the highhanded, and a Ref.No.1295/2024(Al), Respondent No. 3 as arbitrary, illegal, colorable exercise of power contrary to well-established legal principles and the provisions of the Panchayat Raj, 1994 and violative of the fundamental and constitutional rights guaranteed to the petitioner under Articles 14, 19, 21, and 300-A of the Constitution of India and consequently set aside the impugned proceedings and to pass such other order or orders...” Heard learned counsel for the petitioner, the learned Government Pleader for respondent Nos.1 to 3 and the learned Standing Counsel for respondent No.4. 2. Learned counsel for the petitioner submits that the petitioner is an elected Sarpanch of Konganapalli Gram Panchayat, Ramakuppam Mandal, Chittoor District. He further submits that the respondent issued a show- notice dated 03.01.2025 directing the petitioner to submit explanation within a period of seven days as to why the powers to draw funds temporarily should not be withdrawn under the APPR Act. 1994 on the ground that the 3. cause 4 petitioner misused the Panchayat funds. For which, the petitioner submitted a detailed explanation. Without considering the said explanation and without conducting any enquiry, the respondent issued the impugned proceedings dated 22.01.2025 suspending the powers of the petitioner from drawing Gram Panchayat funds, without any time frame/specified time, is contrary to law declared by this Court as well as Rule 42 of Rules relating to “Certain Taxes and Lodging of Moneys Received by the Gram Panchayat and Payment of Moneys from the Gram Panchayat Fund” (for short ‘the Rules’) issued vide G.O.Ms.No.30 Panchayat Raj and Rural Development and Relief (Mandal-1) Department, dated 20.01.1995. 4. In support of his contention, learned counsel for the petitioner relied upon the ratio laid down by the Flon’ble Division Bench of this Court in W.A.No.134 of 2025, dated 20.02.2025. Relevant Paragraphs of the said order read as follows:- 5. By virtue of an interim order, which is impugned in the present case, dated 20.01.2025, the learned single Judge proceeded to order as under: “.... Learned counsel for the respondent would submit that the suspension period of three months was not extended. Under the aforesaid circumstances, the respondents herein are hereby directed to restore the cheque power of the petitioner herein. If at all, the respondents intend to extend the period of suspension, they should follow the procedure established by law.” 12. In our opinion, therefore, that part of the judgment and order impugned, dated 20.01.2025, which left the scope for the respondents to extend the period of suspension, leading to the passing of the 5 order, dated 20.01.2025, yet again, unsustainable in law..’’ in our opinion, would be The learned Government Pleader for respondent Nos.1 to 3 and the learned Standing Counsel for respondent No.4 neither filed any counter affidavit nor submitted any written instructions. They orally submitted that the impugned proceedings issued by the 3'"* respondent are in accordance with law and further requested to dismiss the Writ Petition. 5. 6. Considering the submissions of both the learned counsel and on rd perusal of Rule 42(1 )& 42(2) of the Rules,1995, it is evident that the 3 respondent is empowered to exercise his power as one time measure, but he cannot suspend the cheque drawing power of the petitioner for indefinite period. In the instant case, the cheque drawing power of the petitioner is suspended for indefinite period. Till date, the respondents not restored the cheque drawing power in favour of the petitioner. Hence, this Court is inclined to set aside the impugned order passed by the 3^^^ respondent dated 22.01.2025. 7. Accordingly, the writ petition is allowed, with the following directions: i) The impugned proceedings dated 22.01.2025 issued by respondent No.3 is hereby set aside. ii) However, the respondents are at liberty to proceed further to conduct detailed enquiry and pass orders, if necessary, in accordance with law. There shall be no order as to costs. • V-fW 6 Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- SHAiK WiOHD. RAFi assistant rec^trar fficer //TRUE COPY// SECTION To, 1. The Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Buildings, Velagapudi, Amaravathi. 2. The District Panchayat Officer, Chittoor District, Chittoor. 3. The Divisional Panchayat Officer, Chittoor District, Chittoor. 4. The Panchayat Secretary, Konganapkili Grampanchyat, Panchayat Secretary, Ramakuppam Mandal, Chittoor District. 5. One CC to Sri S Nagaraju Advocate [OPUC] 6. Two CCs to GP for Panchayat Raj Rural Dev High Court of Andhra Pradesh [OUT] 7. One CC to Sri M Sudhir (SC for ZPPS, MPPS & GP) Advocate [OPUC] 8. Two CD Copies TF ■ .3 HIGH COURT DATED:12/08/2025 / ORDER WP NO. 20391 OF 2025 sT 0 3 SEP 2025 ^'5£S£4I£JSS^ ALLOWING THE W.P. WITHOUT COSTS