IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 3742 of 2008 Between: Kalluri Yadagiri S/o.Sri K.Ramulu Yellareddygudem(V) Narketpally(M) Nalgonda Dist ..... PETITIONER AND 1 The Commissioner Of Panchayat Raj A.P Tilak Raod Hyd 2 The Dist Collcector(Panchayat Wing) Nalgonda Dist 3 The Divisional Panchayat Officer Nalgonda Nalgonda Dist .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ,order or direction more particularly one in the nature of writ of Certiorari by calling the records of the 1st respondent relating to the impugned procgs No.340/CPR&RE/DI/2008 dt.08-02-2008 affirming the order of the 2nd respondent in proceeding No.1523/07- B1(panchayat-1) dt.29-12-2007 removing the petitioner as sarpanch of Yellareddy Gudem Grama Panchayat Narketpally(M) Nalgonda Dist and quash the same by holding it as illegal null,viod and contrary to proviso to Section 249(1) of A.P Panchayat Raj Act,1994 apart from violative of principles of natural justice and to pass Counsel for the Petitioner:MR.B.ADINARAYANA RAO Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : Order: Petitioner questions the order of the first respondent-Commissioner of Panchayat Raj, in Proceedings No.340/CPR & RE/D1/2008, dated 08-02- 2008, dismissing the appeal filed by him and confirming the order of the second respondent-District Collector, (Panchayat Wing), Nalgonda, in Proceedings No.1523/07- B1, dated 29-12-2007, removing him from the post of Sarpanch of Yellareddygudem Gram Panchayat. The brief facts of the case are as under: Petitioner was elected as Sarpanch of Yellareddygudem Gram Panchayat of Narketpally Mandal, Nalgonda District, in the elections held in August, 2006. While so, on the basis of certain allegations made by the ward members of the said Gram Panchayat, the second respondent, after issuing show cause notice and after receipt of explanation from the petitioner, removed the petitioner from the post of Sarpanch and directed him to hand over the charge to one Eegala Mallikharjun, Vice- Sarpanch vide proceedings No.1503/07/B1, dated 29-12- 2007, passed under Section 249(1) of the A.P.Panchayat Raj Act, 1994 (for short ‘the Act’). Aggrieved by the said order, the petitioner filed an appeal along with a stay application on 04-01-2008 before the first respondent, in whose favour, certain powers of the Government have been delegated to hear the appeals under Section 249(7) of the Act. As the appeal has been rejected by the first respondent vide proceedings No.340/CPR&RE/D1/2008, dated 08-02-2008, the present Writ Petition has been filed. It is the grievance of the petitioner that after receipt of the show cause notice dated 17-11-2007, he submitted an explanation on 03-12-2007 and thereafter, none of the consequent proceedings, referred from serial Nos.7, 8, 10 to 12 in the order dated 29-12-2007 passed by the second respondent, have been furnished to him and as such, the said order is illegal and against the principles of natural justice. It is further stated that, even as per the order dated 08-02-2008 passed by the first respondent, there were certain procedural irregularities only but not misappropriation of funds. Heard the learned Counsel for the parties and perused the entire material available on record. A perusal of the order passed by the first respondent goes to show that the appellate authority, without discussing as to the contentions raised in the grounds of appeal as well as written arguments and without recording any reasons thereon, dismissed the appeal by a single sentence order, which reads as follows: “The Commissioner heard the arguments of the Advocate of the Appellant and gone through the records and observed that the action of the Collector is in order. Therefore, the appeal is hereby considered and rejected.” As the order dated 08-02-2008 passed by the first respondent-appellate authority do not contain any reasons and none of the contentions raised by the petitioner in the appeal have been considered and dealt with, the same is unsustainable. Accordingly, the order dated 08-02-2008 passed by the first respondent upholding the order dated 29-12-2007 passed by the second respondent is hereby set aside and the matter is remitted to the first respondent to consider and dispose of the appeal in accordance with law after dealing with all the contentions raised in the appeal as well as the written arguments. However, the order dated 29- 12-2007 passed by the second respondent shall remain stayed, till disposal of the appeal on merits. Writ Petition is allowed to the extent indicated above. No order as to costs. ______________ (V.Eswaraiah, J) 25th February, 2008 lur ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Commissioner Of Panchayat Raj A.P Tilak Raod Hyd 2 The Dist Collcector(Panchayat Wing) Nalgonda Dist 3 The Divisional Panchayat Officer Nalgonda Nalgonda Dist 4 2CCs to the G.P. for Panchayat Raj and Rural Development. 5 2CD copies Form-NIC-OGS/WP{RLD}