THE HONOURABLE SRI JUSTICE P.S.NARAYANA THURSDAY, THE TWENTY SEVENTH DAY OF AUGUST, TWO THOUSAND AND NINE WRIT PETITION No. 17606 Of 2009 Between: Kumari Durgam Prameela. …Petitioner A N D The Collector, (Panchayath Raj Wing) Adilabad, Adilabad District and others …Respondents THE HONOURABLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No. 17606 Of 2009 ORDER: The matter is coming up for admission. 2. Learned Additional Govt. Pleader for Panchayat Raj takes notice on behalf of Respondent Nos. 1 to 3. 3. Sri K. Raghuveer Reddy, takes notice on behalf of the Respondent No.4. The matter was adjourned for getting instructions. 4. It is stated that Upa Sarpanch, Respondent No.4 had already taken charge, the same is recorded. 5. This writ petition is filed praying for calling of entire records leading upto and inclusive of the passing of impugned order by the 1st respondent herein bearing Proc. No. 362/K1-Pts/2007, dated 12-8- 2009, directing the 4th respondent herein to take over the complete charge from the petitioner herein, and quash the said order of the 1st respondent dated 12-8-2009 by issuing an appropriate writ, order or direction, in the nature of Certiorari, and pass such other suitable orders. 5. Several facts had been narrated in the affidavit filed in support of the writ petition. 6. The relevant portion of the order, dated 12-8-2009 reads as hereunder:- “Accordingly, a Show Cause Notice was issued to the Sarpanch, Gram Panchayat, Sirpur-T of Sirpur-T Mandal vide reference 3rd read above, but the Sarpanch has failed to submit an explanation even after lapsable of considerable period. The District Panchayat Officer, Adilabad has conducted the personal hearing on 25-7- 2009 on the allegations leveled against the Sarpanch, Gram Panchayat, Sirpur-T along with divisional Panchayat Officer, Asifabad, Extension Officer ( PR & RD), Sirpur-T, Panchayat Secretary, Gram Panchayat, Sirpur-T, Upa Sarpanch and (5) Ward Members of Gram Panchayat, Sirpur-T and reported that, the Sarpanch has failed to get recorded the MBs and draw the amount without check measurement, the amount spent by her is irregular and requested to initiate action against the Sarpanch, Gram Panchayat, Sirpur-T vide reference 4th cited. In view of the above, Kum. Prameela, Sarpanch, Gram Panchayat, Sirpur-T of Sirpur-T Mandal is hereby placed under suspension from the post of Sarpanch under Section 249 (6) of A.P. Panchayat Raj Act, 1994 for a period of (3) months from the date of receipt of this order. The Upa-Sarpanch, Gram Panchayat, Sirpur-T of Sirpur-T Mandal is requested to take over complete charge of the post of the Sarpanch, Gram Panchayat, Sirpur-T from Kum. Prameela (Sarpanch under Suspension) and report compliance to this office”. 7. However, a notice dated 17-7-2009 of the Officer of the District Panchayath Officer in Memo No. 362/K1.Pts/2007, had been specifically pointed out and the show cause notice, dated 29-6- 2007 reference 2nd was specified. The non-application of mind in making the order by the 1st respondent in this regard had been argued in elaboration. 8. In the light of the facts and circumstances, since it is stated that Upa Sarpanha had already taken charge, let status quo obtaining as on today be maintained. Let the petitioner submit fresh explanation to the 1st respondent in this regard within a period of two weeks and let the 1st respondent pass appropriate orders within a period of four weeks thereafter and as already specified supra, let the status quo obtaining as on today to be maintained until appropriate decision is taken in this regard. 9. With the above direction, this writ petition is disposed of. No order as to costs. _____________________ Justice P.S.Narayana 27th August, 2009. KM THE HONOURABLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No. 17606 Of 2009 27th August, 2009.