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2025 DAILYLAW 15367 (AP)

S VENKATA SUBBAIAH v. THE STATE OF ANDHRA PRADESH

WP/9849/2025 · 2025-09-08

Nyapathy Vijay

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010196422025 m THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY. THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY WRIT PETITION NO: 9849 OF 2025 Between: 1. S.Venkata Subbaiah, S/o.S.Eswaraiah, Aged about 28 years, Occ: Shoft Operator, R/o.Saleem Nagar, Nandyal Town, Nandyal District. ...Petitioner AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary Energy Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Andhra Pradesh Southern Distribution Corporation Limited, Tirupathi, Tirupathi District, rep., by its Chairman and Managing Director. 3. The Superintending Engineer, Kadapa Operation Circle, APSPDCL, YSR District. 4. The Executive Engineer, Kadapa Operations Circle, APSPDCL, YSR District. 5. The Deputy Executive Engineer, Rural-ll, Kadapa, APSPDCL, YSR District. 6. The Assistant Executive Engineer, Operations, Vallur, APSPDCL, Kadapa, YSR District. f 7. Sri Singu Solutions, Office at D.No.1-32-49/B, 1st Lane, Udyoga Nagar, Co-operative Building, 4^^ Partner Mr. Rathna Kishore lane, SVN Colony Guntur rep., by its Manging ...Respondents 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 nature of Writ of Mandamus declaring the action of the respondent Nos.5 in issuing the letter in Lr.No.EE/O/KDP/AEE/JE/Tech/F. /D.No. 1210/25, dated 28.03.2025 directing the respondent No.7 Contractor to remove the petitioner from services as a Shift Operator at 33/11KV SS Duggayapalli in Vallur Operation Section, Vallur Mandal, YSR District stating that the certificates submitted by me are not genuine, without even putting him on notice and without giving him any opportunity of hearing and also the consequential action of the respondents No.3 to 7 obstructing him from rendering his services as Shift Operator at 33/11KV SS Duggayapalli in Operation Section Vallur as arbitrary, illegal, violation of the principles of natural justice and also contrary to the law laid down by the Hon'ble Apex Court in U.P. STATE ROAD TRANSPORT CORPORATION and ORS. Vs. BRIGESH KUMAR and ANR. Vs. BRIGESH KUMAR and ANR. reported in 2024 INSC 638 and also the well- established legal principles, apart from being violative of the fundamental and the Constitutional rights guaranteed to me under Articles14, 19 and 21 of the Constitution of India and consequently set aside the letter in Lr.No.EE/0/KDP/AEE/JE/Tech/F. /D.No.1210/25, dated 28.03.2025 issued by the respondent No.5 lA 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 to direct the respondents Nos.5 to 7 not to interfere with the duties of the Shift Operator at 33/11KV SS Kadapa, YSR District by /D.No.1210/25, petitioner while rendering my services as a Duggayapalli in Operation Section Vallur, suspending the letter in Lr.No.EE/O/KDP/AEE/JE/Tech/F. dated 28.03.2025 issued by the respondent No.5, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: SRI V.R.REDDY KOWURI Counsel for the Respondent No.1: GP FOR ENERGY Counsel for the Respondent Nos.2 to 6: VENKATA RAMA RAO KOTA SC FOR APSPDCL Counsel for the Respondent No.7: -- The Court made the following order: APHC010196422025 I IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 9849/2025 Between: 1.S VENKATA SUBBAIAH, S/O.S.ESWARAIAH, AGED ABOUT 28 YEARS, OCC SHOFT OPERATOR, R/O.SALEEM NAGAR, NANDYAL TOWN, NANDYAL DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ENERGY DEPARTMENT, SECRETARIAT 2.THE ANDHRA PRADESH SOUTHERN DISTRIBUTION CORPORATION LIMITED. TIRUPATHI, TIRUPATHI DISTRICT, REP., BY ITS CHAIRMAN AND MANAGING DIRECTOR. 3.THE SUPERINTENDING ENGINEER. KADAPA OPERATION CIRCLE, APSPDCL, YSR DISTRICT. 4.THE EXECUTIVE ENGINEER, KADAPA OPERATIONS CIRCLE, APSPDCL, YSR DISTRICT. 5.THE DEPUTYEXECUTIVE ENGINEER, RURAL-LL, KADAPA. APSPDCL. YSR DISTRICT. 6.THE ASSISTANT EXECUTIVE ENGINEER. OPERATIONS, VALLUR, APSPDCL, KADAPA, YSR DISTRICT. 2 7.SRI SINGU SOLUTIONS, OFFICE AT D NO 1-32-49/B LANE, LANE, SVN COLONY PARTNER MR. RATHNA KISHORE 1ST UDYOGA NAGAR, CO-OPERATIVE BUILDING, 4TH GUNTUR REP., BY ITS MANGING ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the Fligh Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos.5 in issuing the letter in Lr.No.EE/ 0/ KDP/ AEE/ JE/ Tech/ F./ D.No. 1210/25, dated 28.03.2025 directing the respondent No.7 Contractor to remove the petitioner from services as a Shift Operator at 33/11KV SS Duggayapalli in Vallur Operation Section, Vallur Mandal, YSR District stating that the certificates submitted by me are not genuine without even putting him on opportunity of hearing and also the notice and without giving him any consequential action of the respondents No.3 to 7 obstructing him from rendering his services Shift Operator at 33/11KV SS Duggayapalli in Operation Section Vallur as arbitrary, illegal, violation of the principles of natural justice and also contrary to the law laid down by the Flon'ble Apex Court in U.P. STATE ROAD TRANSPORT CORPORATION and ORS. Vs. BRIGESH KUMAR and ANR. reported in 2024 INSC 638 and also the well established legal principles, apart from being violative of the fundamental and the Constitutional rights guaranteed to me under Articles14, 19 and 21 of the as Constitution of India and consequently set-aside the letter in Lr.No.EE/O/KDP/AEE/JE/Tech/F. /D.No.1210/25, dated 28.03.2025 issued by the respondent No.5 and pass such other order. 3 lA 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 pleased to direct the respondents Nos.5 to 7 not to interfere with the duties of the petitioner while rendering my services as a Shift Operator at 33/11KV SS Duggayapalli in Operation Section Vallur Kadapa, YSR District by suspending the letter in Lr.No.EE/O/KDP/AEE/JE/Tech/F./D.No.1210/25, dated 28.03.2025 issued by the respondent No.5, pending disposal of the above Writ Petition and pass such other order. Counsel for the Petitioner: 1.VR REDDY KOWURI Counsel for the Respondent(S): 1. VENKATA RAMA RAO KOTA SC FOR APSPDCL 2.GP FOR ENERGY The Court made the following: k THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.9849 of 2025 ORDER: At the time of hearing, learned counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition with a request to grant liberty to the writ petitioner to file fresh Writ Petition. 1. 2. Permission is accorded. 3. Accordingly, the Writ Petition is dismissed as withdrawn, granting liberty to the Petitioner to file Writ Petition afresh. 4. No order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. 5. Sd/-U.SRi DEV! GISTRAR assistant F //TRUE COPY// SECTION OFFICER To, 1. One CC to SRI V.R.REDDY KOWURI Advocate [OPUC] 2. One CC to SRI Venkata Rama Rao Kota SC for APSPDCL Advocate [OPUC] 3. Two CCs to GP FOR ENERGY High Court of Andhra Pradesh [OUT] 4. Two CD Copies 4^ HIGH COURT DATED:09/09/2025 ORDER WP NO. 9849 OF 2025 I T& SEP 2025 g) 5^ Current Section XggSPATCW^ DISMISSING THE W.P AS WITHDRAWN WITHOUT COSTS