IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT: THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.27406 of 2009 Between: B. Yadi Reddy ..... PETITIONER AND The Government of Andhra Pradesh rep. by its Secretary, Panchayat Raj Department, A.P. Secretariat, Hyderabad and others ..... RESPONDENTS ORDER: The learned Assistant Government Pleader for Panchayat Raj had taken notice on 16-12-2009 and requested time to get instructions. 2. The matter is coming up for admission. 3. Heard Sri Srinivas Dammalapati, the learned counsel representing the writ petitioner and the learned Assistant Government Pleader for Panchayat Raj representing the respondents. 4. The writ petition is filed praying for the relief of writ of Mandamus declaring the proceedings of the second respondent vide Proc.No.514/2008-B2 (Pts.), dated 27-11-2009 in removing the petitioner from the post of Sarpanch of Majeedpur Gram Panchayat of Hayathnagar Mandal and recovering the misappropriated funds from the petitioner as illegal, arbitrary, unreasonable, and set-aside the same and further declare the in- action of the first respondent in disposing of the appeal filed under Section 247 (7) of Andhra Pradesh Panchayat Raj Act as illegal, arbitrary and unconstitutional and further direct the first respondent to dispose of the statutory appeal filed by the petitioner forthwith and pass such other suitable orders. 5. Several facts had been narrated in the affidavit filed in support of the writ petition virtually touching the merits and demerits. The explanation submitted in relation to the relevant charges also had been specified in detail. It is stated that the petitioner filed an appeal before the first respondent under Section 249 (7) of Panchayat Raj Act 1994 questioning the order made by the second respondent along with an application for interim order. The first respondent having received the appeal had not passed any order due to political reasons. 6. It is stated by the learned Assistant Government Pleader for Panchayat Raj that the Upa-sarpanch already had taken charge. However, Sri Srinivas Dammalapati would maintain that from the order, the Sarpanch is expected to give the charge. The learned counsel also asserts that as on today the Sarpanch i.e., the writ petitioner had not handed over the charge. The submissions made by both Sri Srinivas Dammalapati and also the learned Assistant Government Pleader for Panchayat Raj are hereby recorded. 7. However, inasmuch as it is stated that the appeal preferred by the petitioner along with the application praying for interim order are pending before the first respondent, let the first respondent dispose of the application in the appeal in view of the urgency pleaded before this court, within a period of two (2) weeks from the date of receipt of a copy of this order. Till then, status quo obtaining as on today be maintained. 8. The writ petition is disposed of accordingly. No order as to costs. ___________________ P.S. NARAYANA, J December 17, 2009. Note: Furnish CC in two days. B/o.Pn THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.27406 of 2009 December 17, 2009 Note: Furnish CC in two days. B/o.Pn