Amudala Lakshmi Sahu, v. Prl.Secy., Panchayat Raj And Rural Devl.Dept.,

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE SRI JUSTICE M. GANGA RAO Writ Appeal No.76 of 2018 JUDGMENT: (Per the Hon'ble The Acting Chief Justice Ramesh Ranganathan) This appeal, under Clause 15 of the Letters Patent, is preferred against the order passed by the Learned Single Judge in W.P.No.39623 of 2017 dated 23.11.2017. The appellant herein is the petitioner in the Writ Petition wherein she sought a mandamus to set aside the impugned proceedings dated 19.09.2017 issued by the District Panchayat Officer, Srikakulam District withdrawing her cheque signing powers.

In the order under appeal, the Learned Single Judge observed that it was open to the appellant-writ petitioner to avail the statutory remedy of appeal against withdrawal of her cheque signing power. It is not disputed before us by Sri K.Rama Koteswara Rao, Learned Counsel for the appellant-writ petitioner, that a remedy of an appeal is provided to the District Collector, Srikakulam against the order of the District Panchayat Officer. Learned Counsel would, however, submit that the impugned order, passed by the District Panchayat Officer, is contrary to G.O.Ms.No.432 dated 30.10.2013, and the conditions stipulated therein. This contention also can be urged before the Appellate Authority i.e the District Collector, Srikakulam. Sri K.Rama Koteswara Rao, Learned Counsel for the appellant-writ petitioner, would then submit that the petitioner's term is coming to an end in July, 2018; and any delay on the part of the Appellate Authority, in disposing of the appeal, would result

in the expiry of her term of office without her being able to exercise her cheque drawing powers. Learned Counsel would submit that the Appellant-Writ Petitioner would prefer an appeal within one week from today. Suffice it, therefore, to direct the District Collector, Srikakulam District, in case any such appeal is filed, to dispose it of with utmost expedition and, in any event, not later than two months from the date on which the appeal is filed. The Writ Appeal is, accordingly, disposed of.

The miscellaneous petitions pending, if any, shall also stand disposed of. There shall be no order as to costs.

_________________________________ (RAMESH RANGANATHAN, ACJ) ____________________ (M. GANGA RAO, J) Date:23rd January, 2018.

Note:

Issue C.C. within two days.

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