IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE SRI JUSTICE N. RAVI SHANKAR WRIT PETITION NO.242 OF 2011 DATED:12.1.2011 Between: Sivuni Narasimhulu Reddy … Petitioner And The District Collector (Panchayat Wing) SPSR Nellore District, at Nellore and others … Respondents THE HON’BLE SRI JUSTICE N. RAVI SHANKAR WRIT PETITION NO.242 OF 2011 ORDER: The petitioner herein is Sarpanch of Kovvuru Gram Panchayat in Nellore District. He filed this writ petition questioning the order dt.5.1.2011 of the District Collector, Nellore, the first respondent, by which he ordered that a sum of Rs.1,00,000/- be recovered from the petitioner towards the amount which he is said to have misappropriated in connection with certain purchases by the Gram Panchayat. Such a course of action is permissible under Section 265(1) of the Andhra Pradesh Panchayat Raj Act, 1994 (for short, ‘the Act’). The plea of the petitioner is that he never indulged in misappropriation of amount, that the report submitted against him regarding misappropriation of amount of Rs.1,00,000/- relates to purchase of certain dustbins and that the reporting officer has submitted his report without verifying as to what are the present rates of the dustbins and therefore the impugned order should be set aside. It may be noticed that the plea of the petitioner shows that a roving enquiry has to be conducted with regard to the question of prices of dustbins and as to what is the reasonable price and whether the action of the petitioner in spending the amount for purchasing dustbins is proper or not. These questions of fact can be decided only in an appeal for which there is a provision under Section 265(3) of the Act and the appeal lies to the Government. The petitioner can raise all his pleas in that appeal. Accordingly, in view of the alternative remedy available, this writ petition is dismissed. The learned counsel for the petitioner, however, says that coercive steps are being taken pursuant to the impugned order dt.5.1.2011 and if the authorities take those steps, the very purpose of filing appeal may become infructuous. In the circumstances, the respondent authorities are directed not to take any coercive steps for recovery of the amount pursuant to the impugned order for a period of four weeks to enable the petitioner to file appeal, and thereafter the said authorities can take such steps subject, of course, to the orders of the appellate authority. ____________________ (N. RAVI SHANKAR, J) 12.1.2011 bnr Note: Issue C.C. by 13.1.2011. (B.O) bnr