APHC010646612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY,THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 33465/2025 Between: 1. JALAKAM VENKATA LAKSHUMMA,, W/O. J. SUBBARAYUDU, AGED 44 YEARS, OCC SARPANCH, R/O.D.NO.13-1215, SREERAM NAGAR, VEMPALLI POST AND MANDAL, KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, PANCHAYATH RAJ AND RURAL DEVELOPMENT DEPARTMENT SECRATERIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KADAPA, KADAPA DISTRICT. 3. THE DISTRICT PANCHAYATH OFFICER, KADAPA, KADAPA DISTRICT. 4. THE DIVISIONAL PANCHYATH OFFICER, JAMMALAMADUGU, KADAPA DISTRICT. 5. THE MANDAL PARISHAD DEVELOPMENT OFFICER, VEMPALLI MANDAL , KADAPA DISTRICT. 2 6. THE PANCHAYATH SECRETORY, VEMPALLI GRAMA PANCHAYATH VEMPALLI, KADAPA 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 in the nature of Writ of Mandamus, declaring the inaction on the part of the respondents in not restoring the check drawing power to the petitioner as sarpanch of Vempalli Grama Panchayath, Vempalli Mandal, Kadapa District, as illegal, arbitrary and to issue consequential direction to the respondents to restore the check drawing power to the petitioner as a sarpanch of Vempalli Grama Panchayath, Vempalli Mandal, Kadapa District, in the interest of Justice IA 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 direct the respondents to consider the application of the petitioner dated 17/11/2025 for restoring of check drawing power to the petitioner as a sarpanch of Vempalli Grama Panchayath, Vempalli Mandal, Kadapa District, forthwith pending disposal of the above Writ petition in the interest of justice Counsel for the Petitioner: 1. M S P REDDY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 3 The Court made the following Order: Aggrieved by the action of the respondent authorities in not restoring the cheque drawing power to the petitioner Sarpanch, the present writ petition is filed. 2. Heard Sri M.S.P. Reddy, learned counsel for the petitioner, Sri M. Sudheer, learned Standing Counsel for the Gram Panchayat and Smt. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj. 3. Learned counsel for the petitioner, while reiterating the contents of the affidavit, submitted that the petitioner was elected as the Sarpanch of the Vempalli Gram Panchayat during the election conducted in the year 2021 and has been discharging her duties with utmost care and sincerity since then. In fact, there are no allegations whatsoever against the petitioner. While so, on the ground of petitioner’s ill health, the cheque drawing power was transferred to the Upa Sarpanch and even after the petitioner rejoined her duties, the cheque drawing power was not restored to her. In those circumstances, the petitioner was constrained to file the present writ petition. As such, prayed to pass appropriate orders protecting the interest of the petitioner. 4 4. On the other hand, learned Assistant Government Pleader, on instructions of the District Panchayat Officer, Y.S.R. Kadapa District, submitted that the cheque drawing power of the petitioner was not prohibited; however, in order to ensure smooth administration, since the petitioner Sarpanch was not well, the cheque drawing power was entrusted to the Upa Sarpanch. She further submitted that in fact, the petitioner along with certain officials were involved in misappropriation of the Gram Panchayat funds to the tune of Rs.1,09,38,055/- during the period 2019–2022, as reported by the Divisional Panchayat Officer, Jammalamadugu, and that an enquiry is presently going on, pursuant to which the authorities would take appropriate steps in accordance with law. The petitioner, only to harass the official respondents, got filed the present writ petition by making unnecessary allegations. As such, the writ petition is devoid of merits and deserves to be dismissed. 5. In reply, learned counsel for the petitioner requested to record the submissions of learned Assistant Government Pleader and prayed to dispose of the Writ Petition accordingly. 6. As could be culled out from the facts and circumstances of the case, the cheque drawing power was entrusted to the Upa 5 Sarpanch only on the ground that the petitioner was unwell and was not discharging duties as Sarpanch of the subject Gram Panchayat and to ensure smooth administration. It is not in dispute that the petitioner Sarpanch rejoined the duty and that the respondent officials have an intention to restore the cheque drawing power to the petitioner. Insofar as the allegations relating to misappropriation of Gram Panchayat funds are concerned, the same is not the issue in the present writ petition, and it is for the competent authority to take appropriate steps in accordance with law. 7. In view of the above, there is no purpose in keeping the writ petition pending and accordingly, the Writ Petition is disposed of, directing the respondent authorities to restore the cheque drawing power to the petitioner in accordance with law. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI Date: 16.12.2025 ANS 6 236 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 33465/2025 Date: 16.12.2025 ANS