Extracted from the PDF above. The PDF is authoritative.
APHC010210862025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] WEDNESDAY ,THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 10475/2025 Between:
1. KOPPISETY MARIYYA, S/O RAMISETTY, AGED ABOUT AGED ABOUT 56 YEARS, LIKHITHAPUDI VILLAGE, NARASAPURAM MANDAL, W.G. DISTRICT.
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS SECRETARY, DEPARTMENT OF PANCHAYATRAJU AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.
2. THE DISTRICT PANCHAYAT OFFICER, WEST GODAVARI DISTRICT, BHIMAVARAM.
3. THE LIKHITHAPUDI GRAMAPANCHAYAT, REP BY ITS SECRETARY, LIKHITHAPUDI,NARASAPURAM MANDAL, W.G.DISTRICT.
...RESPONDENT(S): Counsel for the Petitioner:
1. T V V KOTESWARA RAO Counsel for the Respondent(S):
1. GP FOR PANCHAYAT RAJ RURAL DEV
2
The Court made the following ORAL ORDER:
Heard Sri T.V.V. Koteswara Rao, learned Counsel for the Writ Petitionern; Sri Chaitanya Srinivas, learned Counsel appearing on behalf of Sri Y. Koteswara Rao, learned Standing Counsel for ZPPs, MPPs and Gram Panchayat and Sri Panuku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development.
2. The Notice issued by the Panchayat Secretary, dated 03.03.2025 (Ex.P.12) is under challenge in the present Writ Petition. On persual of this Notice, dated 03.03.2025 (Ex.P.12), this Court has observed that all opportunities were granted to the Writ Petitioner. In W.P.No.24749 of 2024 filed by the present Writ Petitioner, the Learned Single Judge of this Court had shown indulgence by directing the Writ Petitioner to submit his explanation within two weeks from the date of the Order. The said Writ Petition was
disposed of by Order dated 29.10.2024 (Ex.P.10).
3. It is the submission of the learned Counsel for the Writ Petitioner that the explanation was submitted by the Writ Petitioner by hand to the Official Respondents. He would submit that, without acknowledging the explanation submitted by the Writ Petitioner by hand, the Impugned Order came to be issued on the basis that the Writ Petitioner has not submitted any explanation nor has submitted any document in support of his case.
4. Learned Counsel for the Writ Petitioner would also submit that after receipt of Notice dated 03.03.2025 (Ex.P.12), the Writ Petitioner has submitted an another explanation on 05.03.2025 (Ex.P.13) by obtaining an acknowledgement from the Panchayat Secretary.
5. Learned Counsel for the Writ Petitioner would submit that the explanation dated 05.03.2025 (Ex.P.13) submitted by the Writ Petitioner has not been considered because the Impugned Order came to be passed two days prior to the submission of the explanation.
3
6. It transpires from the record that the Writ Petitioner appears to be an illiterate person and that the explanation had been submitted belatedly only by responding to the impugned notice.
7. Keeping in view the illiteracy on the part of the Writ Petitioner, this Court is of the opinion that one indulgence should be shown in favour of the Writ Petitioner by directing the Official Respondents to consider the explanation submitted by the Writ Petitioner dated 05.03.2025 (Ex.P.13) and pass a Speaking Order in accordance with law within a period of two weeks from today and communicate a copy of such Order to the Writ Petitioner forthwith. It is indicated that this Court has not expressed anything on merit and that the Official Respondents shall consider the case of the Writ Petitioner objectively and in accordance with law.
8. Keeping in view of the directions given by this Court hereinabove, there shall be a direction to all the parties to maintain Status-quo obtaining as on today till Speaking Order that would be passed by the Respondent Authorities is communicated to the Writ Petitioner.
9.With these observations and directions, this Writ Petition stands
disposed of. No order as to costs.
10.Interlocutory Applications, if any, stand closed in terms of this order.
______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 23.04.2025 JKS
4
27
HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD
WRIT PETITION No. 10475 OF 2025
23.04.2025
JKS