Extracted from the PDF above. The PDF is authoritative.
APHC010145062025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY ,THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 7440/2025 Between:
1. B.ESWARAMMA,, W/O.AKKULAPPA, AGED 45 YEARS, OCC- SURPANCH OF CTM CROSS ROAD PANCHAYAT, R/O. CTM CROSS ROAD VILLAGE, MADANAPALLI MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR PANCHAYAT WING, ANNAMAYYA DISTRICT AT RAYACHOTY. 3. THE DISTRICT PANCHAYAT OFFICER, RAYACHOTY, ANNAMAYYA DISTRICT. 4. THE DIVISIONAL PANCHAYAT OFFICER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT,
MADANAPALLE, ANNAMAYYA DISTRICT. 5. THE MANDAL PARISHAD DEVELOPMENT OFFICER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, MADANAPALLI MANDAL, ANNAMAYYA DISTRICT T
6. CTM CROSS ROAD GRAM PANCHAYAT, REP.
BY ITS EXECUTIVE AUTHORITY -CUM-PANCHAYAT SECRETARY, CTM CROSS ROAD PANCHAYAT, CTM CROSS ROAD VILLAGE, MADANAPALLI MANDAL, ANNAMAYYA DISTRICT
...RESPONDENT(S): 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 tomay be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings in Rc.No.175/2025-A1, dated 17-02-2025, issued by the 3rd respondent thereby suspending the petitioners financial powers as the duly elected Sarpanch of CTM Cross Road Gram Panchayat as illegal, arbitrary, unconstitutional, contrary to the principles of natural justice, and violative of the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 , and rules framed thereunder and offends Articles 14, 21, and 300-A of the Constitution of India and consequently direct the respondents to forthwith restore the financial powers of the petitioner and allow her to discharge her official functions without any obstruction or interference and pass IA NO: 1 OF 2025 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 may be pleased to suspend the operation of proceedings in Rc.No.175/2025- A1, dated 17-02-2025, issued by the 3rd respondent and direct the respondents to forthwith restore the financial powers of the petitioner by allowing her to continue exercising cheque power as the elected Sarpanch and allow her to discharge her official functions without any obstruction or interference, pending disposal of the main Writ Petition and pass Counsel for the Petitioner:
1. RAJENDRA C Counsel for the Respondent(S):
1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following:
ORAL ORDER:
Heard Sri A.V.Kondaiah, learned Counsel representing Sri C.Rajendra,
learned Counsel for the Writ Petitioner, Sri Panku Rajesh Kumar, learned Government Pleader for Panchayat Raj and Rural Development and Sri P.A.K.Yadav, learned Counsel representing Sri M.Sudheer learned Standing Counsel for ZPP, MPP & GPP.
2.
Learned Counsel for the Writ Petitioner on instructions, seeks to withdraw this Writ Petition with a liberty to file a fresh Writ Petition.
3. However, this Court is not inclined to grant any liberty for filing fresh Writ Petition for the reason that the Writ Petitioner has deliberately concealed mentioning of the factum of filing W.P.No.4874 of 2025 or its outcome vide the
Order dated 28.02.2025 in the affidavit filed in support of the Petition.
4.
“Suppressio veri, suggestio falsi”. This Court is of the view that the Writ Petitioner has deliberately concealed the details as indicated.
5. Therefore, this Court is not inclined to grant any liberty, the Writ Petition is dismissed as withdrawn.
Interlocutory Applications, if any, stand closed in terms of this Order. __________________________ G.RAMAKRISHNA PRASAD, J Date: 07.04.2025 SRT
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HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD
W.P.No.7440 of 2025
Date: 07.04.2025
SRT