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2025 DAILYLAW 3827 (AP)

DEVARAKONDA JAYAMMA v. THE STATE OF ANDHRA PRADESH

WP/1656/2025 · 2025-02-25

Tarlada Rajasekhar Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 1656 OF 2025 Between: Smt Devarakonda Jayamma, W/o. D.VenkateswrIu, Hindu, aged about 55 years, Occ Sarpanch, Uppugunduru Grama Panchayat, R/o. Uppugunduru Villlage, Naguluppalapadu Mandal, Prakasam District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchyatraj and rural development Department, 2. The District collector (PW), Prakasam District, Ongolu. 3. The District Panchayath Officer, Prakasam District, Ongolu. 4. The Divisional Panchyath Officer, Ongolu Division, Prakasam District. 5. The Panchayat Secretary, The Uppugunduru Gram Panchyath, Uppugunduru Villlage, Naguluppalapadu Mandal, Prakasam District. ...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 a Writ, Order or Direction, particularly in the nature of a Writ of Mandamus, declaring the impugned proceedings issued by the 3rd Respondent in proceeding Roc. N0.826/2023(Pts)A4 dated 30.11.2024, t-. ^^|ept withhold the cheque powers to the Petitioner as surpanch and impL^ned notice R.O.C.No.826/2023(P)A4 dated 07.12.2024 to repay the amounts is illegal, arbitrary violation of principles of natural Justice and unconstitutional and violation of the provisions of the Andhra Pradesh Panchayt Raj Act, 1994 and consequently restore the cheque powers of the Petitioner by setting aside the impugned proceedings Roc. No.826/2023(Pts)A4 R.O.C.No.826/2023(P)A4 dated 07.12.2024. X - dated 30.11.2024 and impugned notice 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 operation of the impugned proceedings Roc. No.826/2023(Pts)A4.dated 30.11.2024, issued by the 3rd Respondent herein, and direct the 3rd Respondent herein to restore the cheque powers to the Petitioner as surpanch. lA NO: 2 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 impugned notice. Roc.No.826/2023(P)A4 dated 07.12.2024, issued by the 3rd Respondent herein, and not to recover the notice amount. Counsel for the Petitioner: SRI. N B CHANDRA SEKHAR Counsel for the Respondent Nos. 1 to 4: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent No.5: SRI M SUDHIR, SC FORZPP, MPP&GP The Court made the following order: THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 1656 of 2025 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, particularly in the nature of a Writ of Mandamus, declaring the impugned proceedings issued by the 3'^'^ Respondent in proceeding Roc.No.826/2023(Pts)A4 dated 30.11.2024, Kept withhold the cheque powers to the Petitioner as surpanch and dated No.826/2023(P)A4 R.O.C. notice impugned 07.12.2024 to repay the amounts is illegal, arbitrary violtion of principles of natural Justice and unconstitutional and violation of the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 and consequently restore the cheque powers of the Petitioner by setting aside the impugned proceedings Roc. No.826/2023(Pts) A4 dated 30.11.2024 and impugned notice R.O.C. No.826/2023(P)A4 dated 07.12.2024 and " Heard the learned counsel for the petitioner and the learned Government Pleader for Panchayat Raj and Rural Development 2. appearing for the respondents. Learned counsel appearing for the respondents requested the Court that, without delving into the merits or legal niceties of the case, the petitioner may be directed to file an appeal under sub-rule (2) of 3. 2 Rule 42 of the A.P.Panchayat Raj Rules, and the District Collector may be directed to dispose of the appeal, as expeditiously as possible. 4. Acceding to the request made by the learned counsel appearing for the respondents, the present Writ Petition is disposed of, directing the petitioner to present an appeal before the District Collector within a period of one week from the date of receipt of a copy of this order and, on filing such appeal, the respondents shall dispose of the said appeal within a period of six (6) weeks thereafter, failing which, the impugned order dated 30.11.2024 deemed to be suspended without any further orders or reference of this Court. There shall be no order as to costs. As a sequel thereto. Interlocutory Applications pending, if any, shall stand closed. Sd/-B.PRASADA RAO ASSISTANT REGISTRAR CTOfTOFFICER //TRUE COPY// SE To, 1. The Principal secretary Panchyatraj and rural development Department, State of Andhra Pradesh, Secretariat Velagapudi, Amaravathi. 2. The Distrtict Collector (PW), Prakasam District, Ongolu.(by Speed Post) 3. The District Panchayath Officer, Prakasam District, Ongolu. 4. The Divisional Panchyath Officer, Ongolu Division, Prakasam District. 5. The Panchayat Secretary, The Uppugunduru Gram Panchyath, Uppugunduru Villlage, Naguluppalapadu Mandal, Prakasam District. 6. One CC to Sri. N B Chandra Sekhar Advocate [OPUC] V 7. One CC to Sri. M Sudhir SC for ZPP, MPP and GP [OPUC] 8. Two CCs to GP For Panchayat Raj Rural Dev, High Court Of Andhra Pradesh. [OUT] 9. Three CD Copies GSC HIGH COURT DATED:25/02/2025 ORDER WP.No.1656 of 2025 5 0 3 MAR 2025 ^ , Currenl Secuon ^^:££SPATCHgr;^ o», DISPOSING OF THE WP WITHOUT COSTS