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2025:APHC:61693

APHC010707932025

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3332]

(Special Original Jurisdiction)

WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO: 36514/2025

Between:

1. M ADDI NAGA RATTALU, W/O. VENKATA SRIKANTH, AGED

ABOUT 28 YEARS, OCC SARPANCH, R/O. LINGAMGUNTIA

VILLAGE AND GRAMPANCHAYAT, HANUMANTHUNIPADU

MANDAL, PRAKASAM DISTRICT-523246.

...PETITIONER

AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL

SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT

DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI-

522238.

2. T HE COMMISSIONER, ANDHRA PRADESH, PANCHAYAT RAJ

AND RURAL DEVELOPMENT DEPARTMENT, TADEPALLI,

GUNTUR DISTRICT-522501.

3. T HE DISTRICT COLLECTOR, PRAKASAM DISTRICT, ONGOLE-

523001.

4. T HE DISTRICT PANCHAYAT OFFICER, PRAKASAM DISTRICT,

ONGOLE-523001.

5. T HE DIVISIONAL PANCHAYAT OFFICER, KANIGIRI,

PRAKASAM DISTRICT-523230.

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2025:APHC:61693

6. T HE MANDAL PARISHAT DEVELOPMENT OFFICER,

HANUMANTHUNIPADU MANDAL, PRAKASAM DISTRICT,

ANDHRA PRADESH-523227.

7. T HE EXTENSION OFFICER, , (PR AND RD),

HANUMANTHUNIPADU MANDAL, PRAKASAM DISTRICT,

ANDHRA PRADESH-523227.

8. L INGAMGUNTLA GRAMPANCHAYAT, REP BY ITS.,

PANCHAYAT SECRETARY, LINGAMGUNTIA VILLAGE AND

GRAMPANCHAYAT, HANUMANTHUNIPADU MANDAL,

PRAKASAM DISTRICT-523246.

...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 a WRIT OF MANDAMUS, or any other

appropriate writ, order, or direction, declaring the aggrieved by the action

of the 4th Respondent issued impugned proceedings in R.O.C. No.

893/2024/P.A2, dated 01.03.2025, issued by the 4 Respondent,

withdrawing the cheque-signing powers of the petitioner as a elected

Sarpanch of Lingamguntia Gram Panchayat, under Rule 42(1) of G.O.

Ms. No. 30 dated 20.01.1995, without specifying any definite period and

vesting such powers with the 7th Respondent until further orders, as

illegal, arbitrary, unconstitutional, violative of Articles 14 and 21 of the

Constitution of India and consequently set aside the impugned

proceedings Vide R.O.C. No. 893/2024/P.A2, dated 01.03.2025 issued

by the 4th Respondent 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 suspend the impugned proceedings Vide R.O.C. No.

893/2024/P.A2, dated 01.03.2025 issued by the 4th Respondent and

pending disposal of the above writ petition and pass

Counsel for the Petitioner:

1. GAJJALA MALLIKARJUNA REDDY

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Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV

2. GP FOR REVENUE

The Court made the following:

ORDER

Aggrieved by the action of the 4^th respondent in issuing notice dated

01.03.2025 withdrawing the cheque signing powers of the petitioner who is

Sarpanch of Lingamguntla Gram Panchayat under Rule 42 of

G.O.Ms.No.30 dated 20.01.1995 without specifying any definite period and

vesting such powers with the 7^th respondent, the present writ petition is filed

2. Heard Sri G.Mallikarjuna Reddy, learned counsel for the petitioner,

Sri Mattegunta Sudhir, learned Standing Counsel for Gram Panchayat,

Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue

and Sri Bala Krishna, learned Assistant Government Pleader for

Panchayat Raj for the respondents.

3. Learned counsel for the petitioner while reiterating the contents of

the affidavit submitted that the petitioner was elected as Sarpanch of

Lingamguntla Gram Panchayat in February, 2021. While so, the

4^th respondent has issued the impugned proceedings dated 01.03.2025

temporarily withdrawing the petitioner’s cheque drawing power without

serving any notice to the petitioner on the ground of misappropriation of

funds on 01.06.2021 & 31.03.2025 and without framing any charges by

issuing show cause notice and without providing an opportunity of

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