IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.18125 of 2008 Between: Tokala Sreenu S/o.Nagaiah Pathamallayyapalem Mandal, Guntur District. ..... PETITIONER AND 1 The District Panchayat Officer, Guntur. 2 The Extension Officer (P.R. & R.D.), Prathipadu Post & Mandal, Guntur District. .....RESPONDENT(S) 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 to issue Rule Nisi calling for the records leading upto and inclusive of the Proceedings in Roc.No.1439/2008-G5 dated 23.7.2008 of the 1st respondent herein and Quash the said proceedings by issuing a writ, order or direction more particularly in the nature of Certiorari and be pleased to pass such other order or orders. Counsel for the Petitioner:MR.E.V.BHAGIRATHA RAO Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.18125 of 2008 ORDER: It is the case of the petitioner that he was unanimously elected as Sarpanch of Pathamallayyapalem Gram Panchayat on 02-08-2006 and he has been discharging his duties to the best of his ability without any complaint whatsoever. It is stated that the petitioner along with other villagers made a representation on 21-03-2007 before the District Collector, Guntur, marking copies to respondents 1 and 2 herein, making certain allegations against the Secretary of Gram Panchayat about his negligence, non-co-operation and in-diﬀerent attitude in providing certain amenities to the gram panchayat. It is stated that no action has been taken against the said representation, but on the other hand, show cause notice in proceedings No.1439/2008-G5, dated 23-07-2008, has been issued by the 1st respondent calling upon the petitioner to submit explanation within 15 days alleging that the petitioner failed to discharge his duties in proper maintenance of P.W.S Scheme and street lights. It is stated that pending ﬁnal orders, prohibitory orders have also been issued from operating General funds, SFC, EFC, 12th Finance Commission and SGRY funds of Pathamallayapalem Gram Panchayat, while entrusting the same to the 2nd respondent. Petitioner questions issuance of the said notice, dated 23-07-2008. Learned counsel appearing for the petitioner submits that pursuant to the impugned notice, the petitioner ﬁled a detailed explanation on 12-08-2008. But, however, it is stated that without mentioning the particulars with regard to maintenance of P.W.S. Scheme and street lights, making general allegations, the said show-cause notice has been issued withdrawing power to operate General funds, SFC, EFC, 12th Finance Commission & SGRY funds of Pathamallayapalem Gram Panchayat. It is stated that lapses with regard to maintenance of P.W.S. Scheme and street lights are due to non-co-operation and illegal activities of the Secretary only. I am not inclined to express any opinion with regard to the said contentions, as admittedly, the impugned order is only a show-cause notice. Accordingly, the writ petition is disposed of directing the 1st respondent to consider and dispose of the explanation of the petitioner, dated 12-08-2008, within two weeks from the date of receipt of a copy of this order, and also consider with regard to withdrawing of power to operate General funds, SFC, EFC, 12th Finance Commission and SGRY funds of Pathamallayapalem Gram Panchayat. There shall be no order as to costs. __________ 21-08-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR}