n fs ■ o Or IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI #o ML®’Jfc .fc. o THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT APPEAL NO: 494 OF 2025 Writ Appeal under clause 15 of the Letters Patent against the order dated 13.02.2025 in W.P.No. 18648 of 2024 on the file of the High Court. Between; P. Venkamma, W/o. Penchalaiah, aged about 65 years, Occ: Sarpanch, Prabhagiripatnam Gram Panchayat, Podalakuru Mandal, SPSR Nellore District ...APPELLANT/PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Panchayat Officer, SPSR Nellore District, Nellore ...RESPONDENTS/ RESPONDENTS 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 nd respondent to restore the cheque power of the pleased to direct the 2 petitioner by suspending the operation of the order dated 13.02.2025 passed in W.P No.18648/2024. Counsel for the Appellant: SRI K. RATHANGA PANI REDDY Counsel for the Respondent Nos.1 & 2: GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT The Court made the following: JUDGMENT ’‘APHGdj 0191092025 Bench Sr.No:-2 [3446] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI / A i. ail *‘*s.*f < WRIT APPEAL NO: 494 of 2025 ...Appellant P. Venkamma Vs. The State of Andhra Pradesh and another ...Respondents ********** Advocate for Appellant Advocate for Respondents : Mr. K. Rathanga Pani Reddy : GP for Panchayat Raj & Rural Development CORAM ;THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO DATE :1st May 2025 Per DHIRAJ SINGH THAKUR. CJ: The present Writ Appeal, under Clause 15 of the Letters Patent, has been preferred against the judgment and order, dated 13.02.2025, passed in Writ Petition No. 18648 of 2024. The writ petition was filed challenging the order, dated 14.08.2024, passed by the District Panchayat Officer, Sri SPSR Nellore District, whereby the cheque power of the petitioner was suspended under Rule 42(1) of the “Rules relating to Certain Taxes and other lodging of moneys received by the Gram Panchayat and payment of moneys from the Gram Panchayat Fund”, notified by G.O.Ms.No.30 of Panchayat Raj, Rural Development & Relief Department, dated 20.01.1995. 2. \, 2 HCJ & RRRJ W.A.No.494 of 2025 It appears from the record that the petitioner was an elected 3. Sarpanch against whom certain allegations of financial irregularities were made regarding withdrawal of Gram Panchayat funds to the tune of Rs.9,23,644/- without proper orders and the authority, before the District Panchayat Officer, who issued a show cause notice, dated 12.07.2024. Thp petitioner claims that, to the show cause notice, dated 12.07.2024, an explanation was submitted on 19.07.2024 along with documentary proof. which would clearly suggest her innocence. The stand taken by the petitioner was that, without considering 4. the explanation so tendered, the District Panchayat Officer passed the impugned order, dated 14.08.2024, suspending the cheque power for a period of three months. It was, in that context, urged that, the suspension of the cheque power of the petitioner without considering the explanation and without due application of mind, the order impugned was unsustainable. It appears that, the powers which were otherwise exercised by the District Panchayat Officer could be exercised in terms of Rule 42(1) of the 5. Rules, which reads as under: “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. 3 HCJ & RRRJ W.A.No.494 of 2025 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. On a perusal of the Rule supra, it is clear that the first proviso to Rule 42(1) envisages that no order, which can be otherwise passed under Rule 42(1), can be passed unless an opportunity of making a representation was given to the Sarpanch concerned before prohibiting such a Sarpanch from drawing any money from the Gram Panchayat. Yet, the second proviso to Rule 42(1) does authorize the District Panchayat Officer as an interim measure to pass an interim direction to the Sarpanch not to draw the money of the Gram Panchayat pending the exercise of his powers under the said Rule. The order passed by the concerned authority is a reasoned order based upon the inquiry report furnished by the Divisional Panchayat Officer, Nellore. The learned single Judge, by virtue of judgment and order impugned, disposed of the petition with a direction to the respondents to complete the inquiry pending against the petitioner within a period of six 7. months therefrom. The grievance of the appellant in the present writ appeal is that the suspension of the cheque power of the petitioner was further extended during the pendency of the writ petition, which was impermissible. 8. raSiK 4 HCJ & RRRJ W.A.No,494 of 2025 In our opinion, the extension order, if issued, would constitute a of action and the appellant may have to challenge by way of a 9. fresh cause separate petition. We find no merit in the present writ appeal, which is, accordingly 10. dismissed. No costs. Consequently, connected miscellaneous applications, if any, shall stand closed. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTf^AR //TRUE COPY// N OFFICER SE' To, Pani Reddy, Advocate [OPUC] Rural Development, High Court 1. One CC to Sri K. Rathanga CCs to GPTor Panchayat Raj and 2. Two of Andhra Pradesh. [OUT] 3. Three CD Copies. ssb HIGH COURT DATED:01/05/2025 JUDGMENT WA.No.494 of 2025 DISMISSING THE W.A. WITHOUT COSTS