THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.26357 OF 2007 DATED 3RD MARCH, 2011 Between: Narsing Bhan Singh … Petitioner a n d The Government of Andhra Pradesh, Rep. by the Principal Secretary to Government, Panchayat Raj and Rural Development (Pts.II-A) Department, Secretariat, Hyderabad, and others. … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.26357 OF 2007 O R D E R The Ex-Sarpanch of Bichal Gram Panchayat, Doulthabad Mandal, Mahabubnagar District, the petitioner herein, assails the proceedings of the Government of Andhra Pradesh in G.O.Rt.No.1528, Panchayat Raj and Rural Development (PTS.IIA) Department, dated 06.11.2007, whereby the order of the District Collector (PW), Mahabubnagar, in proceedings dated 02.06.2003 stood confirmed. The ground of attack is that G.O.Rt.No.1528 dated 06.11.2007 was passed without considering the orders of this Court in Writ Appeal No.1764 of 2004 and Writ Petition No.19794 of 2004. The petitioner Sarpanch was removed from office for certain irregularities allegedly committed by him involving misappropriation of Gram Panchayat funds. Upon challenge before the Commissioner, Panchayat Raj and Rural Development, Hyderabad, the said orders were set aside directing the authorities to put the petitioner on notice before initiating action against him. Thereupon, show cause notice dated 07.02.2003 was issued by the Collector (PW), Mahabubnagar, calling upon the petitioner to explain as to why a sum of Rs.1,15,111/- allegedly misappropriated by him should not be recovered from him. The petitioner submitted his explanation stating that the entire records were seized by the Divisional Panchayat Officer and also denying the allegations levelled against him. Thereupon, the Collector (PW), Mahabubnagar, passed orders dated 02.06.2003 directing the petitioner to remit the sum of Rs.1,15,111/- within the time stipulated. Aggrieved thereby, the petitioner filed a Revision before the Government which was dismissed vide G.O.Rt.No.1579, Panchayat Raj and Rural Development (PTS.II-A) Department, dated 15.10.2004. Challenging the same, the petitioner approached this Court by way of W.P.No.19794 of 2004. Aggrieved by the refusal of interlocutory relief in the said writ petition, the petitioner filed Writ Appeal No.1764 of 2004. A Division Bench of this Court by common order dated 10.11.2004 allowed the writ petition and the writ appeal, setting aside the orders impugned in the writ petition reserving liberty to the respondents to hear the petitioner afresh in accordance with law and pass appropriate orders assigning reasons therefor. Thereupon, the Government of Andhra Pradesh took up the case once again and by its proceedings in the impugned G.O.Rt.No.1528 dated 06.11.2007, it dismissed the petitioner’s revision confirming the order of the District Collector (PW), Mahabubnagar, dated 02.06.2003. It is significant to note that the finding of the Government in this fresh exercise was to the effect that the petitioner had misappropriated a sum of Rs.1,55,111/-, i.e., Rs.40,000/- more than what was found earlier. This Court, by order dated 11.12.2007, granted interim suspension of the impugned G.O. Sri Bajrang Singh Thakur, learned counsel for the petitioner, contended that the impugned G.O. was not in accordance with the common order dated 10.11.2004 passed by this Court in the earlier round of litigation and was therefore unsustainable in law. This Court finds merit in the said submission. The observations of the Division Bench in this regard in the common order dated 10.11.2004 passed in W.P.No.19794 of 2004 and W.A.No.1764 of 2004 are illuminating: “… Neither in the order of the Collector nor in the order of the first respondent, it is stated that the stand of the appellant that records were seized by the Deputy LPO, Narayanpet on 30th June, 2000 is not correct. As such, the orders impugned in the writ petition are not sustainable in law and liable to be quashed and set aside.” Viewed thus, it is clear that this Court set aside not only the revisional order of the Government in G.O.Rt.No.1579 dated 15.10.2004 but also the order of the Primary Authority, the Collector (PW), Mahabubnagar District, dated 02.06.2003. The respondents seem to have lost sight of this aspect and resumed the proceedings only from the stage of revision. The impugned G.O.Rt.No.1528 dated 06.11.2007, which is founded on the Collector’s order dated 02.06.2003 which has already been set aside by this Court, cannot therefore be sustained. The writ petition is accordingly allowed setting aside G.O.Rt.No.1528 dated 06.11.2007. If the authorities are still desirous of pursuing the matter, they would necessary have to start afresh from the stage of the Collector (PW), Mahabubnagar District, giving due notice and opportunity of hearing to the petitioner. In the circumstances of the case, no order as to costs. --------------------------- SANJAY KUMAR,J 3RD MARCH, 2011 PGS/VGSR (43) THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.26357 OF 2007 3rd MARCH, 2011