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2025:APHC:57567

APHC010682752025

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3332]

(Special Original Jurisdiction)

TUESDAY,THE TWENTY THIRD DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO: 35255/2025

Between:

1. P ASUPULETI CHALAPATHY, S/O NARAPPA AGED

ABOUT 57 YEARS D.NO.5-77-2, CHIPPILI VILLAGE

MADANAPALLE MANDALAM ANNAMAYYA DISTRICT

...PETITIONER

AND

1. T HE STATE OF ANDHRA PRADESH, REPTD BY ITS

PRINCIPAL SECRETARY, DEPARTMENT OF

PANCHYAT RAJ AND RURAL DEVELOPMENT

SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE,

GUNTUR DISTRICT

2. T HE COMMISSIONER, PANCHYAT RAJ AND RURAL

DEVELOPMENT . D.NO.P-76 J, PVS ICON BUILDING,

PATHURU X ROAD, TADEPALLI VILLAGE GUNTUR

DISTRICT

3. T HE DISTRICT PANCHYAT OFFICER, ANNAMAYYA

DISTRICT AT RAYACHOTY

4. T HE DIVISIONAL PANCHYAT OFFICER, MADANAPALLE

5. T HE KURRAVANKA GRAMA PANCHYAT,

MADANAPALLE MANDALAM REPTD BY ITS

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SECRETARY

6. T HE MANDAL PARISHAD DEVELOPMENT

OFFICER/MPDO, MADANAPALLE MANDAL

ANNAMAYYA 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 issue an order direction or

a writ of mandamus declaring the impugned order of the DPO

Annamayya/R3 to the writ petitioner vide Ref C.No.1224/2025-

A6 dt. 9-12-2025 Ex.P.1 as illegal arbitrary, unconstitutional and

in violation of the principles of natural justice and consequently

set aside the same and to 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 pleased to suspend the

operation of the impugned order vide Ref C.No.1224/2025-A6 dt.

9-12-2025 Ex.P.1 issued by the DPO annamayya/R3 and to pass

Counsel for the Petitioner:

1. S S BHATT

Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV

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The Court made the following order:

Impugning the order issued by the 3^rd respondent-District

Panchayat Officer vide Ref.C.No.1224/2025-A6, dated

09.12.2025, the present writ petition is filed.

2. Heard Sri S.S. Bhatt, learned counsel for the petitioner,

Sri M. Sudheer, learned Standing Counsel for the Gram

Panchayat and Ms. Naga Chandrika, learned Assistant

Government Pleader for Panchayat Raj.

3. Learned counsel for the petitioner, while reiterating the

contents of the affidavit, submitted that the petitioner was elected

as Sarpanch during the election held in February 2021 and

discharging his duties with utmost care and sincerity since then.

While so, the DPO, on the ground of certain irregularities, issued

a notice dated 24.11.2025, for which the petitioner submitted

explanations dated 24.11.2025 and 28.11.2025, duly requesting

the authorities to provide some more time to submit all the

accounts pertaining to the allegations made by the DPO, on the

ground that the Village Secretary was suspended on 30.11.2025.

He further submitted that though the account books are with the

DPO, without furnishing a copy to the petitioner to prove his

innocence, hastily passed the impugned order in flagrant

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violation of principles of natural justice. At the behest of political

people in the village, the impugned orders are passed only to

harass and wreak vengeance on the petitioner. Therefore, the

said impugned order is wholly unsustainable and contrary to the

principles of natural justice.

Learned counsel for the petitioner, in support of his

contentions, relied on the order of the Madras High Court passed

in W.P (MD) No.18042 of 2023 and W.M.P(MD) Nos.15055,

15056 and 16342 of 2023 and contended that the Court of

Madurai, by taking into consideration of the judgment of the

Hon’ble Apex Court, found fault with the impugned orders therein

on the ground that it has been passed in clear violation of the

principles of natural justice. In these circumstances, if the said

order is not set aside, it will not only affect the ri