LAWS(APH)-2003-4-129

TIPPINENI RAMESH Vs. GOVERNMENT OF ANDHRA PRADESH

Decided On April 23, 2003
TIPPINENI RAMESH Appellant
V/S
GOVERNMENT OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) ORDER :The petitioner is Upa- Sarpanch of Bhimavarappadu village in Nellore District. He assails the order of the Government of Andhra Pradesh in Memo. No.6497/Pts.11/A3/2003-1, dated 28-3-2003 whereby and whereunder, while taking revision petition filed by the fourth respondent on its file and requesting the District Collector to submit a detailed report along with the connected record to the Government, the Government directed that the orders of the District Collector dated 16-2-2003 be kept in abeyance and the fourth respondent be reinstated as Sarpanch of the said village. Be it also noted 2003(3) ALD June 15* that by order dated 16-2-2003, the District Collector, the second respondent herein, purporting to exercise powers under Section 249(6) of the A.P. Panchayat Raj Act, 1994 ('the Panchayat Act' for brevity) suspended the fourth respondent as Sarpanch while authorising the petitioner herein to exercise the powers and perform the functions of the Sarpanch.

(2.) The fourth respondent was elected as Sarpanch in the year 2001, whereas the petitioner was elected as Upa-Sarpanch. It appears that the second respondent allotted 114.8 qtls. of Rice to Bhimavarappadu village under Food For Work Programme (FFWP). As per the procedure, the rice has to be lifted by the concerned fair price shop dealer from Mandal level stock point (MLSP) and has to be distributed to the workers engaged in the food for work programme on production of printed coupons issued to the agency undertaking the work. The Mandal Revenue Officer (MRO), Kondapuram along with the Station House Officer, Vinjamuru P.S. inspected the fair price shop being run by one V. Venugopal of Bhimavarappadu village on 9-2-2002. The inspecting party seized the stock of rice and it was found that fair price shop dealer sent the fourth respondent to MLSP for taking delivery of 114.8 qtls. of rice. Accordingly, a report was filed by the MRO before the Joint Collector.

(3.) The Joint Collector, Nellore, initiated proceedings under Section 6-A of the Essential Commodities Act, 1955 ('the E.C. Act' for brevity) for confiscation of rice seized from the fair price shop and issued a show cause notice to the dealer and the fourth respondent. Two charges were framed as under: