THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No :1554 of 2008 DATED:31-01-2008 BETWEEN: Devireddy Venkat Reddy. ..... PETITIONER AND The Collector (Panchayat Wing) Ongole, Prakasam District & 3 others. .....RESPONDENTS ORDER: Heard learned counsel appearing for the petitioner as well as the learned Government Pleader for Panchayat Raj & Rural Development appearing for the respondents. 2. Petitioner questions the order passed by the 1st respondent- Collector (Panchayat Wing) Ongole in R.O.C.No.1315/07 (Pts) A2, dated 08-12-2007, seeking to recover an amount of Rs.2,01,080/- from the petitioner on the ground that there is no proof of evidence with regard to the said amount spent. It is stated that the said order has been passed pursuant to the enquiry report, dated 23-08-2007, based on which a show cause notice, dated 01-10-2007, has been issued. It is further stated that to furnish a copy of the enquiry report petitioner made a representation, dated 04-10-2007, but without furnishing the enquiry report the impugned order has been passed. 4. A perusal of the impugned order goes to show that no explanation has been submitted and there is no proof of filing the said representation, requesting to furnish the enquiry report. However, against the order passed under Section 265(1) of the A.P.Panchayat Raj Act ( for brevity, ‘the Act’) appeal lies to the Government. Under Section 265 of the Act Commissioner is empowered to pass an order with regard to misappropriated fund, and the power vested in the Commissioner under Section 265(1) of the Act has been delegated to the Collector. Therefore, it is contended that the Collector exercises the power of the Commissioner under the delegation of the powers. 5. Accordingly, Writ Petition is dismissed with a liberty to file appeal along with stay application before the Government under Section 265(3) of the Act within two weeks from today. No order as to costs. _________________ V.ESWARAIAH,J 31st January, 2008. Tsy