Allowed

Modalavalasa Neelaveni v. the State of Ap

Andhra Pradesh HC17 Nov 2023WP/29680/2023

Case brief

AI extract

What is this about?

This order allows a Writ Petition filed by a Sarpanch challenging the suspension of her cheque drawing power. The Court held that the order was passed before she could explain, violating natural justice. Proceedings are set aside, and she is granted a week to submit an explanation.

What did the court decide?

Set aside proceedings dated 08.11.2023; grant one week time to submit explanation to the show cause notice dated 03.11.2023.

Modalavalasa Neelaveni Vs the State of Ap — Service and Employment | Andhra Pradesh HC (2023)

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A 'V

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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FRIDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 29680 OF 2023

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Between:

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Modalavalasa Neelaveni, W/o Late Ramaswami Naidu, Aged. 55 years, Sarpanch, Gram Panchayat, Modalavalasa, Ponduru Mandal, Srikakulam District.

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...Petitioner

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AND

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The State of Andhra Pradesh, Represented by its Principal Secretary, Department of Panchayath Raj and Rural Development, Secretariat, Velagapudi, Amaravati, Guntur District.

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The Commissioner, Panchayath Raj and Rural Development, Andhra Pradesh at Tadepalli, Guntur District

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The District Collector. Srikakulam, Srikakulam District

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The District Panchayath Officer, srikakulam, Srikakulam District.

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The Project Director, District Water Management Agency (DWMA), Srikakulam, Srikakulam District.

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The Executive Engineer, Panchayat Raj Department, Srikakulam, Srikakulam District.

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The Mandal Development Officer, Ponduru Mandal, Srikakulam District.

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The Extension Officer, Panchayat Raj and Rural Development (PR and RD), Ponduru, Srikakulam Mandal.

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The Secretary, Gram Panchayath.Modalavalasa, Ponduru Mandal, Srikakulam District.

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T0,Sri M.Santosh Kumar, S/o Mohanchand, Aged. Major. R/o Modalavalasa, Ponduru Mandal, Srikakulam District

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...Respondents

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the

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nature of Writ of Certiorari calling for the records pertaining to the proceedings in Rc.No.3005/2023P10, dated.08-11- 2023 of the 4’*’ respondent, where under cheque drawing power of the petitioner has been suspended for a period of 3 months without waiting till completion of 3 days time to submit explanation to the show cause Notice Dated. 03/11/2023 which was actually posted on 07/11/2023 and served on the petitioner on 09/11/2023, as illegal, arbitrary, unjust, malafide and against the principles of Natural Justice besides violation of Article 14 and 21 of the Constitution of India and consequently to set aside the same, in the interest of justice.

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass an interim order of suspension of the proceedings of the 4“’ respondent in Rc.No.3005/2023P10, dated. 08-11-2023 enabling the petitioner to continue her cheque drawing power as a Sarpanch of Modalavalasa Gram Panchayat, Ponduru Mandal, Srikakulam District, during the pendency of the writ petition, in the interest of justice.

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Counsel for the Petitioner: SRI K.JYOTHI PRASAD

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Counsel for the Respondents 1 to 8: GP FOR PANCHAYAT RAJ RURAL DEV

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Counsel for the Respondent No.9: SRI N.SRIHARI, SC for GRAM PANCHAYAT

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Counsel for the Respondent No. 10: NONE

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The Court made the following: order

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THE HON'BLE SRI JUSTICE NINALA JAYASURYA

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WRIT PETITION No.29680 of 2023

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Between

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Modalavalasa Neelaveni

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.... Petitioner

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And

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The State of Andhra Pradesh, Represented by its Principal Secretary, Department of Panchayath Raj & Rural Development, A.P.Secretariat, Velagapudi, Amaravathi & Others. Respondents Counsel for the petitioner : Mr.K.Jyothi Prasad Counsel for the respondents : G.P. for Panchayat Raj &. Rural Development Mr.N.Srihari, Standing Counsel for ZPP & MPP

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ORDER;

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Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Panchayat Raj, who made his submissions with reference to the oral instructions received from the concerned Officers. Also heard Mr. N.Srihari, learned Standing Counsel representing the 9^ respondent.

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This Writ Petition is filed assigning the Proceedings dated 08.11.2023 of the 4**’ respondent where under the cheque drawing power of the petitioner, who is the Sarpanch of Modalavalasa Village, has been suspended for a period of three months. Prior to that, the 4“’ respondentDistrict Panchayat Officer issued a Show Cause Notice dated 03.11.20233 to the petitioner calling upon her to submit explanation within three days from the date of receipt of the said Notice as to why the cheque drawing power

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shall not be withdrawn, in view of the allegations mentioned in the Show Cause Notice.

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The learned counsel for the petitioner had drawn the attention of this Court to the relevant material on record to substantiate the contentions raised in the Writ Petition that the impugned Order dated 08.11.2023 has been passed in gross violation of the principles of natural justice and not sustainable. As seen from the material on record, it is evident that the Show Cause Notice dated 03.11.2023 was dispatched through Registered Post on 07.11.2023 and as stated in the petitioner's affidavit, it was received on 09.11.2023. Thus the petitioner will have three days time i.e., upto 12.11.2023 to submit the explanation. As 12.11.2023 and 13.11.2023 are public holidays, the petitioner has to submit explanation by 14.11.2023. However, even before the expiry of the said time for submitting explanation, the 4“^ respondent passed the impugned order on 08.11.2023 withdrawing the cheque power of the writ petitioner. The Order impugned came to be passed even before the time, within which the petitioner is entitled to submit explanation, the same is not legally sustainable, as no reasonable opportunity was afforded and is in violation of principles of natural justice.

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Therefore, the Writ Petition is allowed and the Proceedings dated 08.11.2023 are set aside. The petitioner is granted one week's time for submitting explanation to the Show Cause Notice dated 03.11.2023 from today. On receipt of the explanation within the time stipulated by this Court,

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the 4'^'^ respondent shall pass appropriate orders tn accordance with Law, after giving due opportunity of hearing to the petitioner, within a period of two (2) weeks thereafter. There shall be no order as to costs.

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As a sequel, pending miscellaneous petitions, if any, shall stand closed.

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SD/- K. TATA RAO DEPUTY REGISTRAR

//TRUE COPY//

se Cti ^ officer

To,

The Principal Secretary, Department of Panchayath Raj and Rural Development, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.

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The Commissioner, Panchayath Raj and Rural Development, Andhra Pradesh atTadepalli, Guntur District

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The District Collector, Srikakulam, Srikakulam District

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The District Panchayath Officer. Srikakulam, Srikakulam District.

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The Project Director, District Water Management Agency (DWMA), Srikakulam, Srikakulam District.

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The Executive Engineer, Panchayat Raj Department, Srikakulam, Srikakulam District,

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The Mandal Development Officer, Ponduru Mandal, Srikakulam District.

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The Extension Officer. Panchayat Raj and Rural Development (PR and RD), Ponduru, Srikakulam Mandal.

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The Secretary, Gram Panchayath, Modalavafasa, Ponduru Mandal. Srikakulam District

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One CC to Sri K.Jyothi Prasad, Advocate [OPUC]

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11.One CC to Sri N.Srihari, SC for Gram Panchayat [OPUC]

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Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT]

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Two CD Copies

RAM

\ /

HIGH COURT

DATED:17/11/2O23

ORDER

WP.No.29680 of 2023

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2 4 NOV 2923
Current Section .

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of the WP disposing WITHOUT COSTS

Modalavalasa Neelaveni v. the State of Ap

Case brief

What is this about?

What did the court decide?

Modalavalasa Neelaveni v. the State of Ap

Case brief

What is this about?

What did the court decide?

What the court decided

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