IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.18984 OF 2007, WRIT PETITION No.18994 OF 2007 AND WRIT PETITION No.19005 OF 2007 In WRIT PETITION NO : 18984 of 2007 Between: Maddela Ram Mohan Reddy S/o Chinna Subba Reddy R/o Palukur village, Banaganapalli mandal, Kurnool District. ..... PETITIONER AND 1 The District Collector (Panchayat), Kurnool 2 The Divisional Panchayat Officer, Nandyal, Kurnool District. 3 The Tahsildar, Banaganapalle Mandal, Kurnool District. 4 A. Prabhakar Naidu, S/o A. Maddilety Reddy R/o Palukur Village, Banaganapalle, Mandal, Kurnool District. .....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 a writ of Mandamus or any other appropriate Writ or direction declaring the order of the 1st Respondent passed in Progs. Roc.No. 11/Pts. A1/07 dated 21-07-2007and the consequential proceedings of the 3rd respondent issued in Roc.No. B/342/07 dated 08-08-2007 as illegal, arbitrary and in violation of principles of natural justice and pass such other order or orders as this hon'ble Court may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner : MR. O.MANOHER REDDY Counsel for the Respondents : GP FOR PANCHAYAT RAJ & RURAL DEV. In WRIT PETITION NO : 18994 of 2007 Between: Vallapu China Kondaiah S/o. V. Pullanna R/o.Palukur Village,Banaganapalle Mandal, Kurnool District. ..... PETITIONER AND 1 The District Collector (Panchayat) Kurnool 2 The Divisional Panchayat Officer,Nandyal, Kurnool District. 3 The Tahsildar, Banaganapalle Mandal, Kurnool District. 4 A. Prabhakar Naidu S/o.A. Maddilety Reddy Banaganapalle Mandal, Kurnool District. .....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 a writ of Mandamus or any other appropriate writ or direction declaring the order of the 1st Respondent passed in Progs. Roc No.11/Pts. A1/07 dt. 21-7-2007 and the consequential proceedings of the 3rd Respondent issued in Roc No. B/342/07 dt. 8-8-2007 as illegal, arbitrary and in violation of principles of natural justice and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner : MR. O.MANOHER REDDY Counsel for the Respondents : GP FOR PANCHAYAT RAJ & RURAL DEV. In WRIT PETITION NO : 19005 of 2007 Between: M.Rama Subba Reddy S/o.Nadipu Subba Reddy R/o.Palukur village Banganapalle Mandal Kurnool District ..... PETITIONER AND 1 The District Collector (Panchayat) , Kurnool 2 The Divisional Panchayat Officer, Nandyal Kurnool District 3 The Tahsildar,Banganapalle mandal, Kurnool District 4 A.Prabhakar Naidu S/o.A.Maddilety Reddy R/o.Palukur village, Banganapalle Mandal Kurnool District .....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 a writ of mandamus or any other appropriate writ or direction declaring the order of the 1st respondent passed in Progs.Roc.No.11/Pts.A1/07 dated 21.7.2007 and the consequential proceedings of the 3rd respondent issued in Roc.No.B/342/2007 dated 8.8.2007 as illegal, arbitrary, and in violation of principles of natural justice and pass Counsel for the Petitioner :MR.O.MANOHER REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following common order : . THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.18984 OF 2007, WRIT PETITION No.18994 OF 2007 AND WRIT PETITION No.19005 OF 2007 COMMON ORDER : These three writ petitions are ﬁled with an identical prayer challenging the proceedings of the Collector (Panchayat Wing), Kurnool, dated 21.7.2007 directing recovery of the amounts from the writ petitioners by proceeding under the provisions of the A.P. Revenue Recovery Act, 1864. It is primarily contended by the writ petitioners that the impugned proceedings under which the recovery of the allegedly misappropriated amounts are sought to be made from the petitioners are arbitrary, illegal and violative of principles of natural justice since the report of the 2nd respondent- Divisional Panchayat Oﬃcer on the basis of which the proceedings were initiated was not furnished to the petitioners. It is also contended by the petitioners that the enquiry by the 2nd respondent was conducted behind their back without giving them an opportunity to rebut the allegation of misappropriation. Having regard to the facts and circumstances, this Court while directing Rule Nisi by order dated 17.9.2007 granted interim stay of all further proceedings pursuant to the impugned proceedings dated 21.7.2007 as well as the consequential proceedings of the 3rd respondent dated 8.8.2007. Though no counter-aﬃdavit is ﬁled by the respondents, the learned Government Pleader for Panchayat Raj, under instructions, stated that it is a fact that the petitioners herein were not furnished with a report of the 2nd respondent on the basis of which impugned proceedings were issued. Having regard to the admitted fact that the petitioners were not made available the report of the 2nd respondent, I ﬁnd force in the submission of the learned counsel for the petitioners that the impugned orders are in violation of the principles of natural justice. Hence, the impugned orders are liable to be set aside on that ground alone. Accordingly all these Writ Petitions are allowed setting aside the proceedings dated 21.7.2007 as well as the consequential proceedings of the 3rd respondent dated 8.8.2007 and leaving it open to the respondents to pass fresh orders in accordance with law after furnishing the relevant material to the petitioners and after giving them a reasonable opportunity to rebut the allegation of misappropriation of funds. No costs. ______________ G. ROHINI, J. Dt.26.08.2008 gbs