IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 18070 of 2008 Between: Dumpala Manmada Kumar S/o.Late Narasaiah Venkatachalam Mandal, Sri Potti Sreeramulu Nellore District ..... PETITIONER AND 1 The District Collector (Panchayat Wing) Sri Potti Sreeramulu Nellore District 2 The District Panchayat Officer, Sri Potti Sreeramulu Nellore district 3 The Divisional Panchayat Officer, Sri Potti Sreeramulu Nellore district .....RESPONDENTS Counsel for the Petitioner:MR.P.LAXMA REDDY Counsel for the Respondents: AGP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : ORDER: This writ petition is filed for a writ of mandamus to set aside proceedings, dated 12.08.2008 issued by respondent No.1 wherein he called upon the petitioner to show cause why he should not be removed from the post of Sarpanch within a period of one (1) week from the date of receipt of notice. Heard Sri P.Laxma Reddy, learned counsel for the petitioner and perused the record. It is not in dispute that respondent No.1 is the competent authority to exercise power under Section 249(6) of the Andhra Pradesh Panchayat Raj Act, 1994. Ordinarily, this Court does not interdict an authority from exercising the statutory power, unless it is shown that the proposed action is per se mala fide. From the pleadings of the petitioner, I do not find any ground to restrain respondent No.1 from exercising his statutory functions. The writ petition is, therefore, dismissed without going into the merits of the case with liberty to the petitioner to file his explanation to the impugned show cause notice, within a period of two (2) weeks. After receiving the explanation from the petitioner, respondent No.1 shall consider the same and pass a reasoned order. If an order adverse to the interests of the petitioner is passed, the same shall not be given effect to for a period of two (2) weeks to enable the petitioner to avail his further remedies, if any. As a sequel to dismissal of main petition, WPMP.No.23519 of 2008 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 20th AUGUST, 2008. Note: issue copy in one (1) week. B/o kvni