IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.5445 of 2008 Between: Bollam Balaiah, S/o.Somaiah,Hindu, Nidamanuru Village,Nidamanuru Mandal, Nalgonda District. ..... PETITIONER AND 1 The Divisional Panchayat Officer, Miryalaguda,Nalgonda Dist., 2 The District Panchayat Officer, Nalgonda, Nalgonda District. 3 The District Collector, Nalgonda, Nalgonda 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 will be pleased to issue a Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS (a) declaring Impugned Order No.1746/07-B1 (Panchayat)-1,dated 07-03-2008, under Section 249(1) passed by the District Collector, Nalgonda District, Nalgonda i.e., the 3rd Respondent, as illegal, arbitrary, capaticious and contrary to the provisions of the Gram Panchayat Raj Act and the Rules framed thereunder (b) declaring the Impugned Order No.1746/07-B1(Panchayat)-1, dated 07-03-2008 under section 265(1) passed by the District Collector, Nalgonda District, Nalgonda i.e., the 3rd Respondent, as illegal, arbitrary, capaticious and contrary to the provisions of the Gram Panchayat Raj Act and the Rules framed thereunder (C) Consequently, set aside the above two impugned Orders issued by the 3rd Respondent and to pass such other order or orders Counsel for the Petitioner: MR.KANAKAMEDALA RAVINDRA KUMAR Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.5445 of 2008 ORDER: This writ petition is filed seeking a Writ of Mandamus declaring the action of the 3rd respondent in passing the impugned orders, dated 07-03-2008 under Sections 249(1) and 265(1) of A.P. Panchayat Raj Act, 1994 (for short “the Act”), whereby the petitioner was removed from the post of Sarpanch of Nidamanuru Village and Mandal, Nalgonda District and also ordered recovery of amounts alleged to have been misappropriated by the petitioner, as illegal and arbitrary. Admittedly, against an order of removal from the post of Sarpanch, an appeal lies to the Government under Section 249 (7) of the Act within a period of thirty days, so also against the order of recovery, an appeal lies to the Government under Section 265 (3) of the Act within a period of thirty days. As against the impugned orders of removal from the post of Sarpanch and recovery of amounts, statutory appeal is provided for, this court is not inclined to go into the merits of the case, and as canvassed by the learned counsel appearing for the petitioner, it would be suffice to dispose of the writ petition permitting the petitioner to approach the appropriate authority and file appeals as provided for under Sections 249 (7) and 265 (3) of the Act. Accordingly, the writ petition is disposed of permitting the petitioner to fie appeals against the impugned orders before appropriate authority as provided for under Sections 249 (7) and 265 (3) of the Act. Till the appeals and applications seeking suspension of the impugned orders, dated 07-03- 2008, are filed and the petitioner, if not handed over the charge to the Upa- Sarpanch, he may be permitted to be continued as Sarpanch, and the amounts, as ordered, shall not be recovered. There shall be no order as to costs. __________ 19-03-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Divisional Panchayat Officer, Miryalaguda,Nalgonda Dist., 2 The District Panchayat Officer, Nalgonda, Nalgonda District. 3 The District Collector, Nalgonda, Nalgonda District. 4 2CCs to 5 2CD copies