IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.20775 of 2010 Between: P. Satyanarayana, S/o. Subbarao, aged 50 years, Occ: Sarpanch, R/o.Valasapalli Village, Musunuru Mandal, Krishna District … Petitioner And The District Collector, Krishna District, at Machilipatnam, and two others … Respondents Counsel for the petitioner: Mr. Suresh Kumar Potturi Counsel for respondents: Govt. Pleader, Panchayat Raj & Rural Develpoment The Court made the following Order: This writ petition is filed seeking Mandamus declaring proceedings Roc.2025/2010P.8, dated 30-07-2010, issued by the second respondent-District Panchayat Officer, Krishna, as illegal, arbitrary and in violation of the provisions under A.P. Panchayat Raj Act, 1994 (for short, ‘the Act’). The petitioner is the Sarpanch of Valasapalli village of Musunuru Mandal, Krishna District, having been elected in the month of August, 2006. The second respondent issued the impugned proceedings imposing a condition to the effect that the petitioner has to obtain the counter signature of the third respondent-Divisional Panchayat Officer, Nuzvid, for withdrawal of funds of the Grampanchayat, alleging that the petitioner had misused the funds of the Grampanchayat. It is the case of the petitioner that he was issued show-cause notice dated 14-07-2010, calling for his explanation, which was received by him on 08-08-2010 and even before the same was received, the impugned proceedings, dated 30-07-2010, have been issued and the same is illegal. I have perused a copy of the impugned proceedings and also the show-cause notice issued to the petitioner. On instructions, it is submitted by the learned Government Pleader appearing on behalf of the respondents that on receipt of the show-cause notice dated 14-07-2010, the petitioner has filed his explanation on 17-08-2010 and the matter is under consideration and appropriate orders will be passed. The show-cause notice dated 14-07-2010, in proceedings Rc.No.2025/2010 Pan.8, is issued calling upon the petitioner to show cause as to why his cheque drawing power should not be withdrawn in view of Rule 42(1) of the Rules framed under the Act. Pending passing of final orders pursuant to the show-cause notice; to safeguard the interests of the Panchayat, as an interim measure, the second respondent, by the impugned proceedings, passed orders permitting the petitioner to withdraw the funds with the counter signature of the Divisional Panchayat Officer, Nuzvid. The proceedings dated 30-07-2010 cannot be construed as an order passed pursuant to the show-cause notice dated 14-07- 2010. The show-cause notice dated 14-07-2010 is issued to the petitioner calling for his explanation as to why his power to sign the cheques should not be totally withdrawn. It is the case of the petitioner that he received the said notice only on 08-08-2010 and even before receipt of such notice by him, the impugned proceedings are issued. It is not in dispute that after receipt of the show-cause notice dated 14-07-2010, the petitioner has filed his explanation on 17-08-2010 and the same is under consideration. Having regard to the facts and circumstances of the case, I dispose of the writ petition directing the second respondent-District Panchayat Officer, Krishna to pass appropriate final orders pursuant to show-cause notice dated 14-07-2010 after considering the explanation of the petitioner dated 17-08-2010, as expeditiously as possible, preferably within a period of three weeks from the date of receipt of this order. No order as to costs. ___________________ (R. SUBHASH REDDY, J) August 24, 2010 MRR