THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO.16191 OF 2023

ORDER:

The present Writ Petition is filed by the petitioner, under Article 226 of the Constitution of India, seeking the following relief:

"to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the inaction of the Respondent in granting suspension pending Appeal preferred by the Petitioner against proceedings in R O C No.396/2022, dated 20.05.2023, as illegal, arbitrary and biased and consequently suspend the same."

2. The short grievance of the petitioner in the present Writ Petition is that as against the suspension of cheque drawing power, the petitioner has preferred statutory appeal along with stay application before respondent No.2-District Collector and the same is not taken up for consideration nor disposed of the same till today. As such, the present Writ Petition is filed and prayed to pass appropriate orders in the interest of justice.

3. Heard Sri Thadikonda Koteswara Prasad, learned counsel for the petitioner, learned Government Pleader for Panchayat Raj and Sri N.Srihari, learned standing counsel for Gram Panchayat.

4. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit contended that, the cheque

drawing power of the petitioner was suspended by respondent No.3-District Panchayat Officer for a period of three months under proceedings in R.O.C.No.396 of 2022, dated 20.05.2023. Questioning the same, the petitioner has preferred an appeal along with stay application before respondent No.2 to suspend the order passed by respondent No.3, dated 20.05.2023 and the same is pending adjudication before respondent No.2. He further submitted that on 21.06.2023, the District Collector has issued notice for adjudication of the appeal and the petitioner has appeared for enquiry. Though two months time was lapsed, the said authority has not disposed of the appeal nor passed any order on the appeal. He further contended that the order of suspension was three months and already two months was lapsed, but so far the appeal has not been adjudicated by the concerned authorities. As such, the present Writ Petition is filed and prayed to pass appropriate order in the interest of justice.

5. On the other hand, learned Government Pleader for Panchayat Raj submitted that a direction may be given to respondent No.2-District Collector to dispose of the appeal in accordance with law by fixing some time bound.

6. To the said submission, learned counsel for the petitioner reported no objection.

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7. Taking the submissions of both the learned counsel into consideration, as there is no dispute with regard to filing of the appeal before the District Collector and the same is pending adjudication, this Court is inclined to dispose of the Writ Petition, with the consent of both the parties, at the stage of admission itself, with the following order:

Respondent No.2-District Collector is directed to dispose of the stay application filed by the petitioner along with petitioner's appeal vide R.O.C No.396/2022, dated 20.05.2023 in accordance with law, as expeditiously as possible, preferably within a period of one (1) week from today.

8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed.

__________________________________ JUSTICE RAVI CHEEMALAPATI

20.07.2023 MP

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THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO.16191 OF 2023

20.07.2023

MP