THE HON’BLE SRI JUSTICE NOUSHAD ALI W.P. No.6482 of 2011 ORDER : Heard Sri K.R.Prabhakar, learned counsel for the petitioner, learned Government Pleader for Panchayat Raj & Rural Development appearing on behalf of Respondent Nos. 1 to 3 and Sri S.Satyanarayana Prasad, learned senior counsel instructed by Smt.C.Sindhu Kumari, learned counsel for the respondent No.4 and with their consent the Writ Petition is disposed of at this stage. The petitioner is a Sarpanch of Vuyyuru Gram Panchayat. Action was initiated against him for his removal under Section 249 (1) of the Andhra Pradesh Panchayat Raj Act, 1994. The Collector (Panchayat Wing) the second respondent herein after holding an enquiry found that the petitioner misused the Gram Panchayat funds by abusing his powers and accordingly passed the order in Roc.No.799/2010, Pts.8, dated 04-01-2011 removing him from the office. Aggrieved by the said order, the petitioner availed an alternative remedy by filing an appeal before the State Government along with a petition seeking stay of the said order under the provisions of Section 249 (7) of the Act. As the State Government was not inclined to grant any interim order, he approached this Court by filing W.P.No.1030 of 2011 and the same was disposed of by this Court by orders dated 25-01- 2011 directing the State Government to dispose of his application for stay. Pursuant to the said order considering the application, the State Government while calling for a report on the appeal filed by the petitioner granted interim order dated 31- 01-2011 staying the said order until further orders. In the meanwhile, the matter was heard on 01-03-2011. During the course of hearing, the petitioner appears to have made a representation raising certain points with reference to the works executed in the Gram Panchayat. After hearing the petitioner, the State Government called for a detailed report on the points raised by the petitioner and physical verification of the works. While so directing by means of the impugned order dated 01- 03-2011, the State Government vacated the said orders granted earlier on 31-01-2011. Aggrieved by the same, the petitioner has filed this Writ Petition for the aforesaid relief. Indisputably, the order of the District Collector dated 04- 01-2011 is appealable and the petitioner has availed the same. The State Government after considering the appeal petition stayed the said orders in exercise of its powers under Section 249 (7) of the Act. That being so, if during the course of hearing of the appeal if any further material is required, it is perfectly open to call for the same and after exposing the same to the affected party, the said material can always be taken into consideration. In the instant case, the State Government called for the report but without awaiting the same, the stay granted earlier has been vacated. A perusal of the order shows that no reason has been assigned and it does not even indicate what factors have been taken into consideration in vacating the said order. I am therefore of the opinion that the said order is not sustainable in law. Learned Government Pleader submits that the connected record and the information sought for by the State Government have already been received and the appeal is ripe for hearing. Having regard to the same, I deem it appropriate to direct the 1st respondent-State Government to dispose of the appeal itself after due notice to all the parties concerned including the respondent No.4 as expeditiously as possible, preferably within a period of two weeks from the date of receipt of a copy of the order. Accordingly, the Writ Petition is disposed of setting aside the impugned order dated 01-03-2011, consequently, restoring earlier order of the State Government dated 31-01-2011, enabling the petitioner to continue as Sarpanch subject, however, to the condition that withdrawal of Gram Panchayat funds, if any, shall be with the counter-signature of the Divisional Panchayat Officer. The 1st Respondent-State Government is directed to dispose of the appeal after due notice to all the parties as early as possible, preferably within a period of two weeks from the date of receipt of a copy of the order. No costs. ________________ NOUSHAD ALI, J. 04th July, 2011. skmr THE HON’BLE SRI JUSTICE NOUSHAD ALI W.P. No.6482 of 2011 Date : 04-07-2011 Between : A.Venkateswara Rao .. Petitioner and The State of Andhra Pradesh, rep. by the Principal Secretary, Panchayat Raj Department, Secretariat, Hyderabad & 2 Others. .. Respondents