Telangana High Court
WP/25062/2004 of Kilari Kondaiah, Vs The District Panchayat Officer, on 31 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 25062 of 2004 Between: Kilari Kondaiah, S/o. Late Yanadaiah, R/o. Sarpanch Pentrala Gram
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANA
WRIT PETITION NO : 25062 of 2004
Between:
Kilari Kondaiah, S/o. Late Yanadaiah, R/o. Sarpanch Pentrala Gram Panchayat Lingasamudram Mandal, Prakasam District.
..... PETITIONER
AND
The District Panchayat Officer, Ongole, Prakasam District.
.....RESPONDENT
Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue an appropriate Writ order or direction more particularly in the nature of Writ ofMandamus declaring the action of the respondent herein in not passing any ordersrestoring the cheque power to the petitioner in view of the suspension ofproceedings bearing Roc.No.1307/2004(pts)/A1 dated 9-8-2004 by this Hon'bleCourt order dated. 7-12-2004 in W.P.No. 22507 of 2004 as arbitrary illegal apartfrom gross violation of orders of this Hon'ble Court and consequently direct therespondent herein to restore the cheque power to the Petitioner forthwith pendingbefore him.
For the Petitioner: MR.SAI GANGADHAR CHAMARTY, Advocate For the Respondent: GP FOR PANCHAYAT RAJ & RURAL DEV.
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ORDER:
The petitioner claims to be elected Sarpanch of Pentrala Gram Panchayat,Lingasamudram Mandal of Prakasam District. It is stated that on the allegations ofcertain irregularities, the respondent issued a show-cause notice dated 09-08-2004under Rule 42(1) of G.O.Ms.No.30 dated 20-1-1995 calling for the explanation of thepetitioner as to why disciplinary action should not be taken against him, andprohibiting the petitioner from drawing General Funds/S.G.R.Y./E.F.C. funds of theGram Panchayat, pending final orders in the matter.
It is the case of the petitioner that though he submitted explanation on 26-8-2004, the respondent has not passed any orders thereon. Thereafter, he filed W.P.No.22507 of 2004 wherein this Court by order dated 07-12-2004 directed therespondent-District Panchayat Officer, Ongole to consider the explanation of thepetitioner and pass appropriate orders in accordance with law within a period of twoweeks, and if no orders are passed within the said period, automatically theimpugned proceedings dated 09-08-2004 shall stand suspended, and it is stated, inspite of the said direction also, the respondent has not passed any orders. Seeking adirection to the respondent to restore the cheque power to the petitioner in view ofthe suspension of the impugned proceedings of the respondent by virtue of the orderof this Court in W.P. No.22507 of 2004, dated 07-12-2004, the present writ petition isfiled.
If the respondent has not implemented the orders of this Court dated 07-12-2004 inW.P. No. 22507 of 2004, his remedy is to initiate contempt proceedings against theofficers concerned, and certainly a writ petition for non-passing of orders or givingeffect to the orders passed by this Court in the said writ petition, is not maintainable,and the same is accordingly dismissed. No costs.
______________
Date: 31-12-2004
Svv
To
1. The District Panchayat Officer, Ongole, Prakasam District.
2. Two C.Cs to the Government Pleader for Panchayat Raj, High Court Buildings, A.P.,Hyderabad (OUT).
3. Two C.D. copies