IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 9988 of 2008 Between: Gunda Jayamma, W/o. Appala Naidu, Regidi Amudalavalasa Mandal, Srikakulam District. ..... PETITIONER AND 1 The District Collector,(Panchayat Wing), Srikakulam District, Srikakulam, 2 The District Panchayat Officer, Srikakulam District, Srikakulam, 3 The Divisional Panchayat Officer, Palakonda Division,Srikakulam District, 4 Majji Ganapathirao, S/o. Late M.Suryanarayana, Sarpanch, Sankili village, Regidi Amudalavalasa Mandal, Srikakulam 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 , Declaring the action of the respondents No.1 in not taking any action against the 4th respondent through the show cause notice was issued on 1.2.2008 bearing Lr.No.1904/07 C as illegal, arbitrary, improper and contrary to the provisions of A.P. Panchayat Raj Act, and consequently direct the respondents to take appropriate action against the 4th respondent in accordance with law. Counsel for the Petitioner : MR. TADDI.NAGESWARA RAO Counsel for the Respondents : GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.9988 OF 2008 ORDER : The petitioner herein claims to be Upa-Sarpanch of Sankili Village Gram Panchayat of Regidi – Amudalavalasa Mandal, Visakhapatnam District. This writ petition is filed aggrieved by the alleged inaction on the part of the respondents 1 to 3 in taking action against the 4th respondent who is the Sarpanch of Gram Panchayat under Section 249 of the A.P. Panchayat Raj Act, 1994 (for short, ‘the Act’). It is stated that on the basis of certain allegations received against the 4th respondent, the 1st respondent issued a show-cause notice dated 1.2.2008 calling upon the 4th respondent to show-cause as to why action should not be taken against him under Section 249 of the Act. However, no further action has been taken by the respondents 1 to 3. Hence, this writ petition seeking a declaration that the said inaction on the part of the respondents 1 to 3 is arbitrary and illegal. The learned counsel for the 4th respondent stated that the 4th respondent has already submitted his explanation to the show-cause notice dated 1.2.2008. The learned Government Pleader for Panchayat Raj appearing for the respondents 1 to 3, under instructions, submitted that the further proceedings would be taken in accordance with law. In the circumstances, no further enquiry is necessary in the writ petition and accordingly the Writ Petition is disposed of leaving it open to the respondents 1 to 3 to take appropriate further steps following due process of law. No costs. ______________ G. ROHINI, J. Dt. 12.08.2008 gbs