::1:: APHC010449312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 22917/2025 Between: 1. BEZAWADA VEERA VENKATA SATYANARAYANA, S/O CHANDRA RAO, AGED ABOUT 53 YEARS, SARPANCH, THIMMAPURAM VILLAGE, KAKINADA RURAL MANDAL, KAKINADA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KAKINADA DISTRICT, KAKINADA, A.P. 3. THE DISTRICT PANCHAYATH OFFICER, KAKINADA DISTRICT, KAKINADA. 4. THE DIVISIONAL PANCHAYATH OFFICER, KAKINADA, KAKINADA DISTRICT. 5. THE DEPUTY MANDAL PARISHATH DEVELOPMENT ::2:: OFFICER, , KAKINADA RURAL MANDAL, KAKINADA 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 a Writ of Mandamus, or other appropriate writ, order or direction, declaring the action of the Respondent No.3 in issuing the proceedings E. file 48352/2025-A2, dated 12-08-2025 (served on the petitioner on 20-08-2025) cancelling the cheque power of the petitioner as Sarpanch of Thimmapuram Village, Kakinada Rural Mandal, Kakinada District as illegal, arbitrary, without jurisdiction and violative of Articles 14 and 21 of the Constitution of India and contrary to the principles of natural justice and the provisions of AP Panchayat Raj Act and consequently to set aside the same and to pass Counsel for the Petitioner: 1. P DURGA PRASAD Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV ::3:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.22917 of 2025 This Court made the following ORDER: Heard learned counsel for the petitioner, learned Government Pleader for Panchayat Raj and learned Standing Counsel for Respondent No.5. 2. Learned counsel for the petitioner submits that the petitioner herein elected as Sarpanch of Thimmapuram Gram Panchayath in Kakinada Rural Mandal. Learned counsel for the petitioner submits that while discharging his duties and functions as Sarpanch and Executive Authority, the 3rd Respondent herein issued show cause notice dated 29.07.2025 alleging that the petitioner has misappropriated the funds of the Gram Panchayat to an extent of lakhs of rupees in twelve works as enumerated at the show cause notice and cancelled/withdrawn the cheque power against Gram Panchayat funds, for which the petitioner submitted a detailed explanation on 04.08.2025 explaining every allegation stating that the funds were spent for the development of the village works only ::4:: pursuant to the resolution No.185, dated 31.03.2023. But without considering the explanation in true spirit and without providing any opportunity of personal hearing, the 3rd respondent issued impugned proceedings dated 12.08.2025 cancelling/withdrawing the cheque power of the petitioner to draw the funds from the Gram Panchayat general funds without any specific period. Hence the writ petition. 3. Learned counsel for the petitioner submits that the impugned order passed by the 3rd Respondent without considering the detailed explanation and contents therein is contrary to the rules and also violative of principle of fair and reasonableness. 4. On the other hand, learned Government Pleader submitted written instructions wherein it is stated as under: “8.It is submitted that Sri Bezawada Veera Venkata Satyanarayana, Sarpanch, Thimmapuram Gram Panchayat has filed an appeal before the District Collector, Kakinada District on Dt: 25.08.2025 against the orders passed by the District Panchayat Officer, Kakinada District and he also filed a W.P.No.22917/2025 before the Hon’ble High Court of Andhra Pradesh challenging the orders related to the cancellation of his cheque drawing powers as Sarpanch of Thimmapuram Village, Kakinada Rural Mandal. 9. Further it is submitted that, the Hon’ble High Court of Andhra Pradesh has issued Interim Orders in W.P.No.22917 of 2025 as follows: “In view of the violation of Rule 42(1) of Rules, 1995, the petitioner is entitled for the interim relief as prayed for. ::5:: Accordingly, there shall be an interim suspension of the impugned proceedings dated 12.08.2025, for a period of four (04) weeks.” 10. In this connection, it is submitted that, upon considering the appeal filed before the District Collector, Kakinada District by Sri Bezawada Veera Venkata Satyanarayana, Sarpanch of Thimmapuram Gram Panchayat, the cheque drawing power of Sri Bezawada Veera Venkata Satyanarayana, Sarpanch is hereby restored with immediate effect to carry out the activities in Thimmapuram Gram Panchayat and the concerned Sub- Treasury Officers, Bank Managers are requested to honour the cheques presented by Sri Bezawada Veera Venkata Satyanarayana in the capacity of Sarpanch, Thimmapuram Gram Panchayat, Kakinada Rural Mandal. 5. Considering the submission of learned counsel for the petitioner, learned Government Pleader for Respondents 1 to 4 and learned Standing Counsel for Respondent No.5 and material placed on record, it appears that after filing of the present Writ Petition, the petitioner also preferred an appeal assailing the impugned order on 25.08.2025. Pending consideration of the writ petition after granting interim suspension of proceedings dated 12.08.2025 on the ground that the order is prima facie contrary to Rule 42(1) of Rules, 1995, the Appeal said to have been disposed of by the 2nd Respondent herein setting aside the impugned order dated 12.08.2025 and restored the cheque power of the petitioner as usual. 6. In view of the orders of the Appellate Authority, the claim of the petitioner in the writ petition has been redressed and no further ::6:: orders are necessary to be passed in this matter and no further adjudication is necessary. However, the petitioner is at liberty to challenge the proceedings, if he is aggrieved, if any order issued by the respondents. 7. Accordingly, the writ petition is disposed of. As a sequel, interlocutory applications pending if any, shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J Dt: 25.09.2025 krk ::7:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.22917 of 2025 DT: 25.09.2025 krk 81