IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No. 28470 of 2007 Between: Pattapagalu Varaprasad, S/o. P. Veeranna, Hindu, Rajavolu Gram Panchayat, R/o. D.No. Opp: Panchayat Office, Rajavolu, Rajahumundry Rural Mandal, East Godavari District. ..... PETITIONER AND 1 State of Andhra Pradesh, Rep. by its District Collector, Panchayat Wing, East Godavari District at Kakinada. 2 District Panchayat Officer, East Godavari District at Kakinada. 3 Divisional panchayat Officer, Rajahmundry, East Godavari District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue a Writ of Mandamus, or any other appropriate Writ, order or direction, declaring the action of the 2nd respondent in issuing the impugned order in Rc.No. 3422/07/A2 dated 22-12-2007 against the Petitioner as illegal, vindictive, contrary to law and violative of principles of natural justice and for a consequential order directing the respondents to drop all further proceedings in this regard. Counsel for the Petitioner:MR.C.V.R.RUDRA PRASAD Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No. 28470 of 2007 ORDER: Petitioner is an elected sarpanch of Rajavolu Gram Panchayat in East Godavari District. He was served with a show cause notice dated 20.11.2007, by the 1st respondent withdrawing his cheque power on the ground that he had misappropriated the funds of the Gram Panchayat and thereby he was called upon to submit his explanation. Pursuant thereto, petitioner made a representation dated 26.11.2007 to the 1st respondent requesting to furnish the relevant records and also to grant time to submit his explanation. Thereafter, the 1st respondent issued a notice dated 11.12.2007, directing the petitioner to submit his explanation within a period of five days. Questioning the said notice, petitioner filed W.P.No.27093 of 1997 stating that he was not furnished the relevant documents to submit his explanation, and the said writ petition was disposed of directing the respondents to furnish the relevant documents. Later, the 1st respondent passed an order on 22.12.2007 suspending the petitioner from the post of Sarpanch for a period of three months. Questioning the same, this writ petition is filed. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Panchayat Raj. No doubt, the order impugned in this writ petition does not refer to the order passed by this Court in W.P.No.27093 of 2007 dated 19.12.2007 and also about furnishing of information to the petitioner. But the learned Assistant Government Pleader submits that on 15.12.2007 i.e, before the earlier writ petition was disposed of, petitioner was furnished with the information required, but the same was not brought to the notice of this Court and therefore, this Court did not refer the same in the order dated 19.12.2007 passed in W.P.No.27093 of 2007. Be that as it may, admittedly, against the order impugned, the petitioner has an efficacious alternative remedy by way of revision, under Section 264 of the Andhra Pradesh Panchayat Raj Act 1994. Therefore, this writ petition is not maintainable. For the foregoing reasons, the writ petition is dismissed granting liberty to the petitioner to file a revision against the impugned order dated 22.12.2007 before the authority concerned. There shall be no order as to costs. __________________________ (GOPALA KRISHNA TAMADA, J) 02.05.2008 sh To 1 The District Collector, Panchayat Wing, East Godavari District at Kakinada. 2 District Panchayat Officer, East Godavari District at Kakinada. 3 Divisional panchayat Officer, Rajahmundry, East Godavari District. 4 Two C.Cs to 5 Two C.D. copies.