HON’BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No.15591 OF 2009 O R D E R: The matter is coming up for admission. Assistant Government Pleader for Panchayatraj takes notice on behalf of R-1 to R-3. Sri Elisha, takes notice on behalf of R-4. The writ petition is filed for a writ of Mandamus declaring the inaction of the 1st respondent in not passing any orders on the interim application in case No.C.No.795/M (PR)/09 filed on 27.7.2009 and set aside the orders of the 2nd respondent in proceedings No.342/09-B1(Panch) after declaring the same as arbitrary, illegal and contrary to Section 249 of Panchayat Raj Act, colorable exercise of power and violative of principles of natural justice and consequently direct the respondents to continue the petitioner as Sarpanch of Kasarlapadu Gram Panchayat, Arvapalle Mandal, Nalgonda District till the expiry of the term pending disposal of the statutory appeal filed before the first respondent under Section 249(7) of Panchayat Raj Act in the interest of justice and pass such suitable orders. It is stated that the petitioner was elected in the Panchayat elections conducted in 2006 and she was appointed as Sarpanch on 29.7.2006. It is also stated that from the date of her appointment as Sarpanch, she was discharging her duties sincerely without any remark whatsoever. Further it is stated that the show cause notice issued by the 2nd respondent vide proceedings No.352/09-B (Pan.Wing) dated 14.5.2009 calling for certain explanation, to show cause as to why the petitioner should not be removed within 15 days from the date of receipt of the order and the petitioner submitted her explanation on 08..6.2009 and the 2nd respondent without considering the explanation of the petitioner again issued another show- cause notice dated 07.7.2009 and passed removal orders on the same day without giving any time to the petitioner, which itself shows that the 2nd respondent has decided to remove the petitioner from the post of Sarpanch even as on the date of issuance of first show cause notice, ie., dated 14.5.2009, and calling for explanation is a farce. The order of removal was made on 7.7.2009 under Section 249(1) of A.P.Panchayati Raj Act, 1994. It is also further stated that a statutory appeal was filed by the petitioner under Section 249(7) of the A.P.Panchayat Raj Act, 1994 along with an interim application before the first respondent. The main grievance of the petitioner is that the first respondent is neither disposing of the statutory appeal nor passing any interim order. The facts, which had been narrated in elaboration in the affidavit filed in support of the writ petition and relevant material papers had also been placed before this Court, this Court is not inclined to express any opinion touching the merits and demerits of the matter, having regard to the fact that in the light of the same, as the statutory appeal which already had been preferred and the same is pending before the first respondent, let the first respondent dispose of the interim application filed along with the statutory appeal within a period of three weeks from today and let the first respondent also dispose of the statutory appeal at the earliest point of time. With the above directions, the writ petition is disposed of. No order as to costs. Let the first respondent dispose of the statutory appeal itself within a period of three months thereafter. _________________ P.S.NARAYANA,J 3rd August, 2009. Note: Issue copy by tomorrow. (B/O) PNV HON’BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No.15591 OF 2009 Dt.03.8.2009