IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.26776 of 2010 Between: A. Venkateswara Rao ..... Petitioner AND The State of A.P., rep., by its Special Chief Secretary, Panchayat Raj Department, Hyderabad & others. .....Respondents Counsel for the petitioner : Sri P. Venugopal Counsel for respondents 1-4: AGP for Panchayat Raj Counsel for respondent No.5: AGP for Revenue The Court made the following : THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.26776 of 2010 ORDER: This writ petition is filed for a Mandamus to set aside notice dated 06.09.2010 and order dated 20.09.2010 of respondent No.2. At the hearing, the learned counsel for the petitioner fairly conceded that notice dated 06.09.2010 having been issued by respondent No.2 in exercise of his power under Section 249 of the A.P. Panchayat Raj Act, 1994, no relief can be granted in favour of the petitioner at this stage. As regards order dated 20.09.2010, the learned Assistant Government Pleader for Panchayat Raj fairly conceded that the same was issued without notice to the petitioner and prior determination of his liability. In view of the submission of the learned Assistant Government Pleader, impugned order dated 20.09.2010 is set aside with liberty to respondent No.2 to determine the liability of the petitioner, after following due process of law before raising a demand and initiating proceedings for recovery of the liability, if any of the petitioner. Subject to the above direction, the writ petition is partly allowed. As a sequel to disposal of the writ petition in the manner indicated above, WPMP.Nos.34212 and 34213 of 2010 are disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 02.11.2010 ES