APHC010490982025 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 27122/2025 Between: 1. K VENKATESWARAMMA, W/O K. MUNESWARA RAO SARPANCH, BORRAPALEM GRAM PANCHAYAT, R/O BORRAPALEM VILLAGE, T. NARASAPURAM MANDAL, ELURU DISTRIC 1. THE STATE OF ANDHRA PRADESH, PR AND RD DEPARTMENT, REP. BY ITS PRINCIPAL VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR PANCHAYAT WING, ELURU DISTRICT, ELURU, ANDHRA PRADESH. 3. THE DISTRICT GRAM PANCHAYAT OFFICER, ELURU DISTRICT, ELURU. THE DIVISIONAL PANCHAYAT OFFICE JANGAREDDIGUDEM, ELURU DISTRICT 4. THE DIVISIONAL PANCHAYAT OFFICER, JANGAREDDIGUDEM, ELURU DISTRICT 5. THE MANDAL PARISHAD DEVELOPMENT OFFICER, T. NARASAPURAM, ELURU DISTRICT. 6. THE DEPUTY MANDAL PARISHAD DEVELOPMENT OFFICER, T. NARASAPURAM, ELURU DISTRICT. 7. THE BORRAPALEM GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, BORRAPALEM VILLAGE, T. NARASAPURAM IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 27122/2025 K VENKATESWARAMMA, W/O K. MUNESWARA RAO SARPANCH, BORRAPALEM GRAM PANCHAYAT, R/O BORRAPALEM VILLAGE, T. NARASAPURAM MANDAL, ELURU DISTRIC ...PETITIONER AND THE STATE OF ANDHRA PRADESH, PR AND RD DEPARTMENT, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT THE DISTRICT COLLECTOR PANCHAYAT WING, ELURU DISTRICT, ELURU, ANDHRA PRADESH. THE DISTRICT GRAM PANCHAYAT OFFICER, ELURU DISTRICT, ELURU. THE DIVISIONAL PANCHAYAT OFFICE JANGAREDDIGUDEM, ELURU DISTRICT THE DIVISIONAL PANCHAYAT OFFICER, JANGAREDDIGUDEM, THE MANDAL PARISHAD DEVELOPMENT OFFICER, T. NARASAPURAM, ELURU DISTRICT. THE DEPUTY MANDAL PARISHAD DEVELOPMENT OFFICER, T. ELURU DISTRICT. THE BORRAPALEM GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, BORRAPALEM VILLAGE, T. NARASAPURAM IN THE HIGH COURT OF ANDHRA PRADESH [3332] MONDAY, THE FIRST DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI K VENKATESWARAMMA, W/O K. MUNESWARA RAO SARPANCH, BORRAPALEM GRAM PANCHAYAT, R/O BORRAPALEM VILLAGE, ...PETITIONER THE STATE OF ANDHRA PRADESH, PR AND RD DEPARTMENT, SECRETARY, SECRETARIAT BUILDINGS, THE DISTRICT COLLECTOR PANCHAYAT WING, ELURU DISTRICT, THE DISTRICT GRAM PANCHAYAT OFFICER, ELURU DISTRICT, ELURU. THE DIVISIONAL PANCHAYAT OFFICER, THE DIVISIONAL PANCHAYAT OFFICER, JANGAREDDIGUDEM, THE MANDAL PARISHAD DEVELOPMENT OFFICER, T. THE DEPUTY MANDAL PARISHAD DEVELOPMENT OFFICER, T. THE BORRAPALEM GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, BORRAPALEM VILLAGE, T. NARASAPURAM 2 MANDAL, ELURU 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 to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents, the 2nd respondent in particular by issuing orders vide Procgs.No.A9/er213235/2024, dt.13.08.2025 rejecting the petitioner appeal without considering the explanation submitted by the petitioner and only based on the Order passed by the respondent herein vide Procgs.No.A9/e- 213235, dt.17.05.2025 which 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 which 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 consequently set aside the Orders Passed by the 3 respondent vide Procgs. No. A9/e-213235, dt.17.05.2025 and direct the respondents to restore the Check Drawing Power of the petitioner 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 pray that pending disposal of the above write petition this Hon’ble Court may suspend the proceedings issued by the respondent vide Procgs.No.A9/e- - 213235, dt.17.05.2025 and direct the respondents to restore the Check Power of the petitioner with immediate effect and pass Counsel for the Petitioner: 1. N SRIHARI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 3 The Court made the following order: Impugning the proceedings of respondent No.2-District Collector vide proceedings No.A9/e-213235/2024, dated 13.08.2025 rejecting the petitioner’s appeal without considering the explanation submitted by the petitioner and only based on the order passed by respondent No.3-District Gram Panchayat Officer vide proceedings No.A9/e-213235, dated 17.05.2025, the present Writ Petition has filed. 2. Heard Sri N.Srihari, learned counsel for the petitioner, Smt D.Chandrika, learned Assistant Government Pleader for Panchayat Raj and Sri Y.Koteswararao, learned standing counsel for Gram Panchayat. 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 Borrapalem Gram Panchayat in the year 2021. Based on certain complaints made due to political rivalry against the petitioner, respondent No.3 passed an order dated 17.05.2025 suspending the cheque drawing power of the petitioner for a period of six months i.e., from 17.05.2025 to 16.11.2025. Assailing the said order, the petitioner preferred an appeal before respondent No.2-District Collector and the said appeal was rejected without duly considering the explanation submitted by the petitioner and solely relying on the order passed by respondent No.3. Despite the fact that the six months suspension period was lapsed on 16.11.2025, the District Panchayat Officer has not restored the petitioner’s cheque drawing power and has instead allowed the Deputy Mandal Parishad Development Officer, T.Narasapuram to 4 operate the funds of Gram Panchayat. If the cheque drawing power is not restored, it will not only affect the rights of the petitioner, but also his reputation in the village will be adversely affected. As such, prayed to pass appropriate orders protecting the interest of the petitioner. 4. On the other hand, learned Assistant Government Pleader for Panchayat Raj Department contended that a detailed counter is required to be filed, however, the authorities are taking steps in this regard and sought time. 5. In reply, learned counsel for the petitioner submitted that as no positive order has been sought against the respondents, inviting counter does not arise. He further submitted that a direction may be given to the respondent authorities to restore the cheque drawing power of the petitioner in accordance with law. 6. Perused the record and considered the submissions made by learned counsel for the parties. 7. Suspension of petitioner’s cheque drawing power under the proceedings of respondent No.3 dated 17.05.2025, which was confirmed by the proceedings of respondent No.2 dated 13.08.2025, has been questioned in this Writ Petition. It is not in dispute that the cheque drawing power of the petitioner has been suspended for a period of six months and that the said period came to an end on 16.11.2025. Admittedly, no further order has been passed against the petitioner’s cheque drawing power. In the absence of any such order, the authorities cannot continue to permit the Deputy Mandal 5 Parishad Development Officer to operate the funds of the Gram Panchayat. However, since the petitioner has sought a direction to the respondent authorities to restore the petitioner’s cheque drawing power, the Writ Petition can be disposed of. 8. Taking the submissions of both the learned counsel into consideration, as the relief sought by the petitioner is innocuous, no counter is required to be invited. Since the respondent authorities have stated that they will take steps to restore the petitioner’s cheque drawing power, this Court is inclined to dispose of the Writ Petition at the stage of admission by passing the following order: “The respondent authorities concerned are directed to pass appropriate orders in the petitioner’s case as expeditiously as possible, preferably within a period of two (2) 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 01.12.2025 MP 6 305 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.27122 OF 2025 01.12.2025 MP