IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND ELEVEN PRESENT: THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.27570 OF 2007 Between: K.V.V.Satyanarayana. … Petitioner AND The Commissioner, Panchayat Raj, Secretariat, Hyderabad and five others. … Respondents This Court made the following: O R D E R : The former Sarpanch of Pallantla Village, Devarapalli Mandal, West Godavari District, the petitioner herein, assails the proceedings dated 28-07-2007, 11-09-2007 and 04-11-2007 passed by the respondent-authorities, whereby he was found to have committed irregularities while holding office as the Sarpanch involving misappropriation of amounts to the tune of Rs.5,67,241/- and steps were initiated for recovery of the said amount under the provisions of the Revenue Recovery Act, 1864. 2. This Court, by order dated 24-12-2007, granted interim suspension of the impugned proceedings dated 28-07- 2007 passed by the District Collector, West Godavari District, which formed the basis for the other two impugned proceedings. 3. Perusal of the order dated 28-07-2007 passed by the District Collector, West Godavari District, reflects that findings were recorded therein against the petitioner with regard to grave irregularities involving financial misappropriation. However, the proceedings do not reflect that the petitioner was put on prior notice or given any opportunity of hearing before such findings were recorded against him. 4. The District Panchayat Officer, Eluru, West Godavari District, filed a counter stating that after the petitioner demitted office in the year 2006, the newly elected Sarpanch of Pallantla Gram Panchayat, Devarapalli Mandal, filed a complaint against him alleging various irregularities and on that basis, a detailed inspection was carried out by the Divisional Panchayat Officer, Kovvur, who submitted his report dated 15-03-2007 stating that grave irregularities involving financial misappropriation were committed by the former Sarpanch, the petitioner herein. He further stated that the orders for recovery were issued based on the said enquiry conducted by the Divisional Panchayat Officer, Kovvur. Significantly, the counter is studiously silent on the aspect as to whether the petitioner was given any notice during this exercise by the authorities. When the result of the enquiry by the authorities was to the effect that the petitioner had committed grave irregularities involving misappropriation, he necessarily had to be heard in the matter. The findings arrived at by the authorities behind the back of the petitioner therefore suffer from a blatant violation of the principles of natural justice. In such circumstances, this Court has no hesitation in holding that the impugned proceedings dated 28-07-2007 and the consequential proceedings dated 11-09- 2007 and 04-11-2007 are illegal and wholly unsustainable. 5. The Writ Petition is accordingly allowed setting aside the said proceedings. This shall, however, not preclude the authorities from taking necessary action in the matter in accordance with law, after giving due notice and opportunity of hearing to the petitioner. There shall be no order as to costs. _____________________ SANJAY KUMAR, J Date: 03-03-2011. KVS