I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF JANUAR TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 584 OF 2025 Between: Smt. Veedhi Navya, W/o. V Hari Babu, Female, aged about 29 years, Occ- Sarpanch, R/o. D. No. 1-28, Harijana Peta, Jallipudi (V), Eluru (M) West Godavari District ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Dept., AP Secretariat Buildings Velagapudi Amaravati, Guntur District The Director of Panchayat Raj and Rural Development, PVS Icon, Tadepalli, Guntur District The District Collector, Eluru District The District Panchayat Officer, Eluru District The Divisional Panchayat Officer, Eluru Division, Eluru District Jallipudi Grama Panchayat, Eluru Mandal, Eluru District Rep. by its Panchayat Secretary 1. 2. 3. 4. 5. 6. ...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 particularly one in the nature of WRIT OF MANDAMUS declaring the impugned proceedings in Procgs.No.e-57215 /- 48990/A3/2024 Dt. 20.11.2024 whereby the Cheque drawing powers / CFMS authorisation of more the Petitioner was withdrawn by the 4th Respondent as being illegal, arbitrary, violative of the provisions of GO Ms No. 30 PR Dept. Dt. 20.01.1995, contrary to the principles of AP Panchayat Raj Act, 1994, impugns the principles of natural justice and set aside the same and .consequently direct the Respondents to revive the Cheque drawing powers / CFMS authorization of the Petitioner. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the operation of impugned proceedings of the 4th Respondent in Procgs.No.e- 57215/-48990/A3/2024 Dt. 20.11.2024 and restore the Cheque drawing powers / CFMS authorization of the Petitioner pending disposal of the present Writ Petition. Counsel for the PetitionerrSRI SAMAYAMANTHULA SRIKANTH Counsel for the Respondents No.1 to 5: GP FOR PANCHAYAT RAJ RURAL DEVELOPMENT Counsel for the Respondent No.6: SRI Y KOTESWARA RAO (SC FOR ZPP, MPP) The Court made the following: ORDER .r APHC010011252025 IN THE HIGHCOURT OFANDHRAPRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY,THETWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARRAO WRIT PETITION NO: 584/2025 Between: Smt.Veedhi Navya ...PETITIONER AND TheState Of AndhraPradeshand Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SAMAYAMANTHULA SRIKANTH CounseifortheRespondent(S): 1.GP FOR PANCHAYATRAJRURAL DEV n 2 The Court made the following order:- This Writ Petition is filed under Article 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 of Constitution of India for the following relief/s;- "...to issue an appropriate Writ, Order or Direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned proceedings in Procgs.No.e-57215/- 48990/A3/2024Dt.20.11.202 where by the Cheque drawing powers/CFMS authorization of the Petitioner was withdrawn by the 4*^^ Respondent as being illegal, arbitrary, violative of the provisions of GO Ms.No.30 PR Dept. Dt. 20.01.1995, contrary to the principles of AP Panchayat Raj Act, 1994, impugned principles of natural justice and set aside the same and consequently direct the Respondents to revive the Cheque drawing powers/CFMS authorization of the Petitioner or to pass such other order or orders...” 2. Heard learned counsel for the petitioner and learned counsel for the respondents. Basing on the enquiry report submitted by the respondent- Divisional Panchayat Officer, Eluru, with regard to certain financial irregularities committed by the petitioner, who is Sarpanch of Jalipudi Gram Panchayat, in the administration of Jalipudi Gram Panchayat, the 4*^ respondent by exercising the powers conferred under Rule 42(1) of the Rules relating to certain Taxes and lodging of moneys received by the Gram Panchayats and payment of money from the Gram Panchayat fund (for short ‘Rules’) and as specified in G.O.Ms.No.30 PR Department dated 20.01.1995, issued proceedings No.e-57215/-48990/A3/2024,dated20.11.2024,withholding the 3. 3 cheque drawing powers of the petitioner for a period of six (06)months, to avoid further misuse of funds and to safeguard the funds of the Gram Panchayat in the interest of administration. 4. The said proceedings was assailed in the present writ petition on the ground that no prior notice was issued before passing the impugned proceedings. 5. Under Rule 42(1) of the supra referred Rules, before passing such proceedings an opportunity of making representation has been given to the Sarpanch. Relevant provision is extracted hereunder; Rule 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. 6. Learned Government Pleader appearing on behalf of the Panchayat Raj department submits that a show cause notice was issued to the petitioner, but the same was not reflected in the reference in the impugned proceedings. r 4 fr 7. Notice and explanation are required under Rule 42(1) of the Rules, which is imperative. Admittedly, no prior notice was issued to the petitioner, as contemplated under the Rules referred supra and hence, the impugned proceedings is vitiated for violation of the Rules and it is liable to be set aside. Therefore, the impugned proceedings dated 20.11.2024 is hereby set aside and the respondents are directed to follow the procedure, as contemplated under Rule 42(1) of the supra referred Rules. 8. 9. Accordingly, the Writ Petition is disposed of. There shall be order as to costs. no As a sequel thereto, miscellaneous Petitions pending, if any, shall stand closed. Sd/- K.KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// ™foFFICER SEC To, 1. The Principal Secretary, State of Andhra Pradesh, Panchayat Raj and Rural Development Dept., AP Secretariat Buildings, Velagapudi Amaravati, Guntur District 2. The Director of Panchayat Raj and Rural Development, PVS Icon, Tadepalli, Guntur District 3. The District Collector, Eluru District 4. The District Panchayat Officer, Eluru District 5. The Divisional Panchayat Officer, Eluru Division, Eluru District 6. The Panchayat Secretary, Jallipudi Grama Panchayat, Eluru Mandal, Eluru District. 7. OneCCto SRI. SAMAYAMANTHULA SRIKANTH, Advocate [OPUC] 8. Two CCs to GP FOR PANCHAYAT RAJ RURAL DEVELOPMENT, High Court of Andhra Pradesh. [OUT] 9. One CC to SRI. Y. KOTESWARA RAO, Advocate (SC FOR ZPP, MPP) [OPUC] 10. Three C.D.Copies nm HIGH COURT DATED:23/01/2025 < % < * % •t '5^ >• * V V' t N*. V ORDER WP.No.584 of 2025 {P 5 2 8 JAN 2025 Co/j1 Current Section , ^ DISPOSING OF THE WP WITHOUT COSTS