IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION NO : 18550 of 2009 Between: Bhukya Nehru, S/o. Chendriya, Gram Panchayat Mahabubnagar, R/o. Mahabubabad Village and Mandal, Warangal District. ... PETITIONER AND 1 The Government of Andhra Pradesh, Rep by its Principal Secretary, Panchayat Raj and Rural Development (Pts.II) Department, Secretariat, Hyderabad. 2 The District Collector, Panchayat Wing, Warangal, Warangal District. 3 The District Panchayat Officer, Warangal, Warangal District. 4 The Divisional Panchayat Officer, Mahabubagad, Warangal, Warangal District. 5 The Gram Panchayat, Mahabubabad Village and Mandal, Warangal District, Rep by its Panchayat Secretary ...RESPONDENTS 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 issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the order dt. 31-7-2009 in GO Ms.No. 1106, Panchayat Raj and Rural Development (Pts.II) Department issued by the 1st respondent and consequential order dt. 05-8-2009 in Proceedings No. 1701/A2/2008 passed by the 2nd respondent and to declare order dt. 01-11-2008 in order No. 1701/A2/2008, issued by the 3rd respondent as illegal, arbitrary and violative of principles of natural justice and pass Counsel for the Petitioner :MR.A.PRABHAKAR RAO Counsel for the Respondents : GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON’BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.18550 OF 2009 ORDER: The matter is coming up for admission. 2. Heard Sri A. Prabhakar Rao, learned counsel representing writ petitioner; learned Assistant Government Pleader for Panchayat Raj representing respondent Nos. 1,2,3 & 4 and Sri G. Elisha representing respondent No.5. 3. The writ petition is filed for a writ of mandamus declaring the order dated 31-07-2009 in G.O.Rt.No.1106, Panchayat Raj and Rural Development (Pts.II) Department issued by respondent No.1 and consequential order dated 05-08-2009 in proceedings No.1701/A2/2008 passed by respondent No.2 and to declare order dated 01-11-2008 in proceedings No.1701/A2/2008, issued by respondent No.3 as illegal, arbitrary and violative of principles of natural justice. 4. It is stated that respondent No.3 on the basis of the complaint, called for a report from respondent No.4, who inturn had submitted a report on 02-11-2007 to respondent No.3 on the basis of which the Collector, Panchayat Wing i.e., respondent No.2 herein issued a show- cause notice dated 08-02-2008 calling for his explanation. Respondent No.3 addressed a letter dated 21-06-2008 to respondent No.4 calling for his report, to which respondent No.4 had replied and respondent No.3 passed the impugned order dated 01-11-2008 in proceedings No.1701/A2/2008 by exercising powers under G.O.Ms.No.30, Panchayat Raj and Rural Development, dated 20-01-1995 withdrawing the cheque power from the petitioner on the ground that respondent No.4 submitted a report stating that the petitioner misused Gram Panchayat funds. 5. It is not in serious controversy that no time had been fixed while withdrawing the cheque power. However, in the light of the peculiar facts and circumstances this Court is of the considered opinion that the writ petition can be allowed subject to certain conditions. 6. The writ petitioner is permitted to exercise the power of withdrawing the amounts i.e., exercising the cheque power on condition of the petitioner obtaining the counter signature of the Divisional Panchayat Officer as and when the petitioner proposes to withdraw Panchayat funds under any of the heads pertaining to Panchayat, whenever the amount exceeds Rs.10,000/-. 7. Accordingly, the Writ Petition is allowed to the extent indicated above. There shall be no order as to costs. ____________________ (P.S. NARAYANA, J) September 14, 2009 Note: Furnish C.C. of the order within three days. B/O.MD