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2025 DAILYLAW 47220 (AP)

GANGASANI LAKSHMI v. The State of Andhra Pradesh,

WP/33384/2025 · 2025-12-01

Ravi Cheemalapati

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010644382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY,THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 33384/2025 Between: 1. GANGASANI LAKSHMI, W/O.HUSSAIN REDDY, AGED ABOUT 50 YEARS, OCC. PRESIDENT OF PAMURU MANDAL PRAJA PARISHAD R/O.D.NO.3-47, VAKAMALLA VARI PALLI VILLAGE, MOPADU POST, PAMURU MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT. VELAGAPUDI, GUNTUR DISTRICT. 2. THE COMMISSIONER, PR AND RD DEPARTMENT, PVS ICON BUILDING, TADEPALLI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, ONGOLE, PRAKASAM DISTRICT. 4. THE DISTRICT PANCHAYAT OFFICER, ONGOLE, PRAKASAM DISTRICT. 5. THE CHIEF EXECUTIVE OFFICER, ZILLA PRAJA PARISHAT, ONGOLE, PRAKASAM DISTRICT. 6. THE MANDAL PARISHAT DEVELOPMENT OFFICER, PAMURU MANDAL, PRAKASAM DISTRICT. ...RESPONDENT(S): 2 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 more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in considering the petitioner's representation, dated 07-10-2025 regarding the offence of misappropriation of funds committed by the 6th respondent is illegal, arbitrary, contrary to the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 and Rules made thereunder and consequently direct the respondents to take disciplinary action against the 6th respondent for financial irregularity and dereliction of duties and misappropriation of funds committed by him in Mandal Praja Parishat, Pamuru, Prakasam District and pass 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 to direct the 4th and 5th respondents to forthwith conduct enquiry against the 6th respondent regarding misappropriation of funds in Pamuru Mandal Praja Parishat, Prakasam District and take appropriate action as per law, pending disposal of the present writ petition, and pass Counsel for the Petitioner: 1. D.RAMASWAMY REDDY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ORDER: Declaring the inaction of respondents in considering the petitioner’s representation dated 07.10.2025 regarding the offence of misappropriation of funds committed by the 6th respondent, as illegal and arbitrary, the present writ petition is filed. 2. Heard Sri D.Ramaswamy Reddy, learned counsel for the petitioner, Sri M.Sudheer, learned Standing Counsel for Gram Panchayat, Smt Naga 3 Chandrika, learned Assistant Government Pleader for Panchayat Raj for the respondents. 3. Learned counsel for the petitioner while reiterating the contents of the affidavit contended that the 6th respondent MPDO, Pamuru Mandal, has misappropriated approximately an amount of Rs.1,25,613/- towards Office Expenditure and Sweeper charges for the month of July to September, 2025, without bringing it to the notice of the petitioner who is the President of the subject Mandal Praja Parishad. While so, the petitioner made a representation dated 07.10.2025 to the 4th & 5th respondents to conduct enquiry regarding the misappropriation of funds and the same was not considered and no action has been initiated by the respondents. He further submitted that it would suffice for the time being if a direction is given to the respondent authority concerned to take action on the petitioner’s representation in accordance with law, accordingly, prayed to pass appropriate orders. 4. On the other hand, Smt.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj prayed to dispose of the writ petition with a direction to the authority concerned to look into the issue and if found that the allegations are correct, the authority would take steps in accordance with law. 5. Perused the record and considered the submissions made by the learned counsel for respective parties. 6. Non consideration of the petitioner’s representation dated 07.10.2025 made for conducting enquiry regarding misappropriation of funds is the grievance of the petitioner. Once an allegation has been leveled against a 4 particular officer with regard to misappropriation of funds it is bounden duty cast upon the District Panchayat Officer concerned to look into the same and take steps in accordance with law. 7. In view of the facts and circumstances of the case, as the relief sought is innocuous, there is no purpose in keeping the writ petition pending inviting counter, as such, this Court is inclined to dispose of the writ petition by passing the following order: “The District Panchayat Officer concerned is directed tom consider the petitioner’s representation dated 07.10.2025 and if found that the allegations are correct, shall take steps in accordance with law against that particular individual for misappropriation of funds by issuing proper notice inviting explanation and by conducting enquiry. Such exercise shall be completed as expeditiously as possible within a period of three (03) months from the date of receipt of a copy of this order. 8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 02nd December, 2025 RKS