High Court · 2025

Petition under Article 226 ol the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be ql9-as9d to issue a writ, order or direction more particularly in the nature of wRlT oF MANDAI\IUS declaring the proceedings in Rc. No. P219721202o, dt. 19.01 .2024 isiued by the 3rd respondeni thereby directing 7th respondent to cause recovery of ,..RESPONDENTS ; i I I i n Rs. 5,49,750/-from the petitioners, as illegal, irregular, irrational, violative of provisions of Telangana Panchayat Raj Act, 201 8 and offends articles 14. 21 and 300-A of Constitution of lndia and consequently direct the respondents not to realize any sum of money from the petitioners lA NO: 1 OF 2024 Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of proceedings in Rc. No. P21972t2O20, dt. 19.01 .2024 issued by the 3rd respondent, pending disposal of the main V/rit Petition lA NO: 2 OF 2024 Between: AND

1. State of Telangana, Rep. by its Principal Secretary to Government, Panchayati Raj and Rural Development Departmenl, Secretariat, Saifabad, Hyderabad. 2 J 4 5 The Commissioner of Panchayatraj, Government of Telangana, Hyderabad. The District Coltector (Panchayat Wing), Bhadradri t(othagudem District at Kothagudem. District Panchayat Officer, Bhadradri Kothagudein D istrict at Kothagudem Divisional Panchayat Officer, Kothagudem, Bhadracri Kothagudem District. ...PETITIONERS/RESF'ONDENT NOS.l TO 5

1. Uyyala China Venkateswara Rao, S/o. Rajulu, aged 34 years, Working as Sarpanch, Dammapet Grama Panchayat, R/o Dammapet Village and Mandal Bhadradri Kothagudem District.

2. Dara Yugandar, S/o Somasekhar Rao, aged 52 years, Working as Vice - Sarpanch, Dammapet Grama Panchayat, Rl/o Dammapet Village and Mandal Bhadradri Kothagudem District. ...RESPONlDE NTS/PETITIONERS

3. Mandal Parishad Development Officer, Dammapet Ulandal, Bhadradri Kothagudem District.

4. Dammapeta Grama Panchayat, Rep. by its Executive Authority-cum- Panchayat Secretary, Dammapeta Village and Manrjal, Bhadradri Kothagudem District

5. Tahsildar, Dammapeta Mandal, Bhadradri Kothagudem District. (Respondent NOs.3 to 5 are not necessary parties) ...RESPONDENTS/RESF'ONDENT NOS.6 TO 8 / Petition under section 1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dated:01 -02-2024 in W.P.No.2551 0f 2024 and also dismiss the Writ Petition Counsel for the Petitioners: SRI A. GIRIDHAR RAO REPRESENTING FOR SRl. AARE VENKATESWARA RAO Counsel for the Respondent Nos.'l to 5&8: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent Nos.6&7: SRI K. PRADEEP REDDY SC FOR MP GP The Court made the following: ORDER t/' ,^: THE HON'BLE SMT. JUSTICE T. MADH.{IVI DEVI WRIT PETITION No.2551 of 2O24 ORDER: In this writ petition, the petitioners ar:e :hajlenging the recovery notice, dated 19.A1. "2021 . issuei b-,' respondent No.3 for recovery of Rs.5,49,750/ fr:rrr them. Learned counsel for the petitioners s -Lbrlitted th:rt initially a show cause notice was issued in ilctober, 2O23 for recovery of a sum of Rs.30,98,55C/ and :-re petilioners have submitted their explalation ald after ccnsidering the same, the respondents instead of asking the petitioners to make their submissions ii there is anr. further cllscrepancv. ha"ve called for the report frorn the Maldal Parishaci Development Officer (MPDO) and on the basLs of the said report, issued the impugned orcier lbr r:covely oi Rs.5,49,750/-, which is in clear violation oi principles of natural justice. Learned counsei for lhr: petitioner-s referred to Section 283 of the Telangana P u chayat Raj Act, 2018 (for short, "the Act"), to submit th:.t .,r,.herrever a report has been submitteC irom a subordinrrte authority, the Collector has to verify the same and tirereafter. issue 2 :;i,ii orders for recovery of the a&ount under the Telangana Revenue Recovery Act, 1g64, but r,r,,ithout passirrg any such order under Section 283 of the Act, the proceedings under Section 273 of the Act have been passed. Learr-ied Gcvernmeni pleader for par_rch ayat Raj relied upon the averments made in the counter affidavit ald submitted tha,r the MpDO himseif has made a detailed enquiry arld has arrive ci at the figure of Rs.5,49,750/ as unexplained a,d unsupported b.v bills and therefore, the impugned order has been passecl. Having regarcl to the riva.l contentions made by the icarned counsel for rhe pajrties and a perusai of the inaterial cn record, this Court fincls that initially when a notice rvas issr-ied ior recoverl, cf Rs.3O,98,55O/ , the petitioners have subrnittec th:ir expla,ation anci have been able to explain along with rhe br1ls and vouchers to the tune of Rs.25,48,800i -. Il there lvas any other expenditure, which is not supported by bilis ald vouchers, tire least that the respondents coulcl have done is call for further explalation from the petitioners. Instead, they have called for a report from the MpDO and have /' 3 proceeded to pass the impugned order, ,*-hich is in clear vioiation of the principles of natura_i j ts :ice. The petitioners claim that the report of the MFI,O is also not furnished to them, r,r,hich has not been contrrrverted bv the responclents. In view of the same, this Court dee;ns it fit arld proper to set aside the reco\.ery notice date cl Ig .Al .2024 and direct respondent No.2 to furnish copies rf the enquiry reports of respondent Nos.S and 6 to the p,:tir ioners ar-rcj consider the explanations/ representations r;u _.ritted b1. the petitioners herein and thereafter, proceed in accordalce with law. Accordingly, the rvrit petition is dispos;:cl of. There shall be no oider as ro costs. Miscelianeous applications, if any, pendrng in this u'rit petition, shall stand closed. I I i To, //TRUE COPY// Sd/. ^A.H.S. GOWRI SHANKAR A6!iI$TANT REGISTRAR \\ SECTION OFFICER '1 . The Principal Secretary to Government, Panchayati Ra.i and Rural Development Department, Secretariat, Saifabad, Hyderabad.

2. The Commissioner of Panchayatraj, Government ofTelangana, Hyderabad. 3. The District Collector (Panchayat Wing), Bhadradri Kothagudem District at Kothagudem.

4. District Panchayat Officer, Bhadradri Kothagudein Distr ct at Kothagudem 5- Divisional Panchayat Officer, Kothagudem, Bhadradri Bothagudem District. 6. Mandal Parishad Development Officer, Dammapet Mardal, Bhadradri Kothagudem District. /. / I I 7- Executive Authority-cum-Panchayat Secretary, Dammapeta Grama Panchayat, Dammapeta Village and Mandal, Bhadradri Kothagudem District B. Tahsildar, Dammapeta Mandal, Bhadradri Kothagudem District. 9. One CC to SRl. AARE VENKATESWARA RAO Advocate IOPUCI 10.One CC to SRI K. PRADEEP REDDY SC FOR MP GP [OPUC] .l 1.Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV ,High Court for the State of Telangana. [OUT] \ '12.Two CD Copies KKS PVL HIGH COURT DATED:0310712025 ORDER WP.No.2551 of 2024 t I \ .4. ,:' '.' ,). . 02 siP 2021 1Jl:, ' DISPOSING THE WRIT PETITION WITHOUT COSTS \ T 7 7n