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2025 DAILYLAW 48737 (AP)

PANCHIREDDY RAMBABU v. THE STATE OF AP

WP/30010/2025 · 2025-11-24

Ravi Cheemalapati

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010578102025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. PANCHIREDDY RAMBABU, S/O. SURYANARAYANA, AGED ABOUT 43 YEARS, R/O. BONTHALAKODURU VILLAGE, ETCHERLA MANDAL, SRIKAKULAM DISTRICT. 1. THE STATE OF AP, PR AND RD DEPARTMENT, REP. BY ITS PRINCIPAL SECRETARY, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR PANCHAYAT WING, SRIKAKULAM, SRIKAKULAM DISTRICT, ANDHRA PRADESH. 3. THE DISTRICT PANCHAYAT OFFICER, NGO HOME, NEAR POTTISRIRAMULU JUNCTION, SRIKAKULAM, SRIKAKUL DISTRICT, ANDHRA PRADESH. 4. THE DIVISIONAL PANCHAYAT OFFICER, DISTRICT PANCHAYAT RESOURCE CENTER, OLD SRIKAKULAM, SRIKAKULAM DISTRICT. ANDHRA PRADESH. 5. THE EXTENSION OFFICER EO PRANDRD, ETCHERLA MANDAL PARISHAD OFFICE, ETCHERLA, SRIKAKULAM ANDHRA PRADESH. 6. THE BONTHALAKODURU GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, BONTHALAKODURU VILLAGE, ETCHERLA MANDAL, SRIKAKULAM DISTRICT. ANDHRA PRADESH. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 30010/2025 PANCHIREDDY RAMBABU, S/O. SURYANARAYANA, AGED ABOUT 43 YEARS, R/O. BONTHALAKODURU VILLAGE, ETCHERLA MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER AND THE STATE OF AP, PR AND RD DEPARTMENT, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR PANCHAYAT WING, SRIKAKULAM, SRIKAKULAM DISTRICT, ANDHRA PRADESH. THE DISTRICT PANCHAYAT OFFICER, NGO HOME, NEAR POTTISRIRAMULU JUNCTION, SRIKAKULAM, SRIKAKUL DISTRICT, ANDHRA PRADESH. THE DIVISIONAL PANCHAYAT OFFICER, DISTRICT PANCHAYAT RESOURCE CENTER, OLD SRIKAKULAM, SRIKAKULAM DISTRICT. ANDHRA PRADESH. THE EXTENSION OFFICER EO PRANDRD, ETCHERLA MANDAL PARISHAD OFFICE, ETCHERLA, SRIKAKULAM ANDHRA PRADESH. THE BONTHALAKODURU GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, BONTHALAKODURU VILLAGE, ETCHERLA MANDAL, SRIKAKULAM DISTRICT. ANDHRA IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) [3332] TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI PANCHIREDDY RAMBABU, S/O. SURYANARAYANA, AGED ABOUT 43 YEARS, R/O. BONTHALAKODURU VILLAGE, ETCHERLA ...PETITIONER THE STATE OF AP, PR AND RD DEPARTMENT, REP. BY ITS SECRETARIAT BUILDINGS, THE DISTRICT COLLECTOR PANCHAYAT WING, SRIKAKULAM, THE DISTRICT PANCHAYAT OFFICER, NGO HOME, NEAR POTTISRIRAMULU JUNCTION, SRIKAKULAM, SRIKAKULAM THE DIVISIONAL PANCHAYAT OFFICER, DISTRICT PANCHAYAT RESOURCE CENTER, OLD SRIKAKULAM, SRIKAKULAM DISTRICT. THE EXTENSION OFFICER EO PRANDRD, ETCHERLA MANDAL PARISHAD OFFICE, ETCHERLA, SRIKAKULAM DISTRICT. THE BONTHALAKODURU GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, BONTHALAKODURU VILLAGE, ETCHERLA MANDAL, SRIKAKULAM DISTRICT. ANDHRA 2 ...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 to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents, action of the 3rd respondent in particular by issuing orders suspending the petitioners check drawing power vide Progs.No.213/2025 P2, dt.20.04.2025 is illegal, arbitrary, unconstitutional and contrary to the principles of natural justice besides violation of fundamental rights enshrined in Art. 14, 15, 20 and 21 of the Constitution of India and set aside the Orders Passed by the 3rd respondent vide Progs.No.213/2025 P2, dt.20.04.2025 consequently direct the respondents to restore the Check Drawing Power of the Petitioner with immediate effect 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 respondents to restore the Check Drawing Power of the Petitioner forthwith and pass Counsel for the Petitioner: 1. N SRIHARI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 3 The Court made the following order: Impugning the proceedings of the District Panchayat Officer, Srikakulam, vide proceedings No.213/2025 P2, dated 20.04.2025, whereby the cheque drawing power of the petitioner was suspended, the present Writ Petition has been filed. 2. Heard Sri N.Srihari, learned counsel for the petitioner, Smt D.Chandrika, learned Assistant Government Pleader for Panchayat Raj appearing for respondent Nos.1 to 4 and Sri Y.Koteswarao, learned standing counsel for appearing for respondent Nos.5 and 6. 3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that the petitioner was elected as Sarpanch of Bonthalakoduru Gram Panchayat, Etcherla Mandal in the year 2021. He further submitted that basing on the complaint filed in the Public Grievance Cell in Mee-Kosam, dated 20.01.2025, respondent No.3 has issued the impugned proceedings suspending the cheque drawing power of the petitioner for a period of six months. Aggrieved by the said order, the petitioner preferred an appeal dated 05.05.2025 before respondent No.2. However, respondent No.2 has not disposed of the said appeal till date. He further submitted that the suspension period of six months with respect to the cheque drawing power of the petitioner was ended by 19.10.2025, however the respondents have not yet revoked the suspension and continue to withhold the cheque drawing 4 power of the petitioner. Hence prayed to pass orders protecting the interest of the petitioner. 4. On the other hand, learned Assistant Government Pleader for Panchayat Raj submitted that against the very same proceedings, the petitioner has already preferred an appeal and the same is pending consideration. She further submitted that during the pendency of the appeal, the petitioner cannot invoke the Writ jurisdiction under Article 226 of the Constitution of India, since two parallel proceedings cannot be permitted to continue. The Writ Petition is devoid of merits and the same is liable to be dismissed. Hence, prayed to dismiss the Writ Petition. 5. To the said submission, learned counsel for the petitioner contended that he would restrict his relief and requested to give a direction to the District Collector to dispose of the appeal filed by the petitioner, in accordance with law, at the earliest and accordingly prayed to pass orders in that regard. 6. Perused the record and considered the submissions made by learned counsel for the parties. 7. It is not in dispute that the petitioner has already challenged the very same proceedings before the District Collector. As rightly contended by learned Assistant Government Pleader, two parallel proceedings cannot be entertained. 8. Taking the submissions of both the learned counsel into consideration, since the petitioner has restricted his relief seeking a direction to the District 5 Collector for disposal of the appeal, this Court, instead of keeping this Writ petition pending by inviting counter, is inclined to dispose of the same with the following direction: “The District Collector, Srikakulam District is directed to consider and dispose of the appeal preferred by the petitioner, dated 05.05.2025, in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order.” 9. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI 25.11.2025 MP 6 204 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.30010 OF 2025 25.11.2025 MP