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2025 DAILYLAW 17026 (AP)

Paidela Sivarami Reddy v. The State of Andhra Pradesh

WP/12193/2025 · 2025-05-06

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) o (m mo WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE X A ♦S5» PR^ENT HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 12193 OF 2025 Between: 1. Paidela Sivarami Reddy, S/o Naga Subba Reddy Aged about 39 years years, Occ- Agriculturist -cum- Sarpanch, Ravulapalli Grama Panchayat R/o D.No. 1/9, Ravulapalli \/illage, Khazipet Mandal YSR Kadapa District, Andhra Pradesh - 516 203 ...PETITIONER{S) \ND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary to Government PanchayatRaj an<ji. Rural Development Department A.P Secretariat Buidings, Velagapidi Guntur District, Andhra Pradesh - 522 238 2. The Commissioner, Panchaya NH 16 Service Rd, Tadepalle, Raj and Rural Development Department Andhra Pradesh 522501 3. The District Collector,, YSR Ka dapa District, Kadapa, Andhra Pradesh 4. The District Panchayat Officer, Pradesh YSR Kadapa District, Kadapa, Andhra 5. The Divisional Panchayat Officer, Kadapa, YSR Kadapa District, Andhra Pradesh 6. The Extension Officer (PR and RD),, Mandal Parishad, Kadapa, YSR f^adapa District, Kadapa, Andhra Pradesh • if,' 7. The Ravulapalli Grama Panchayat,, Khazipet Mandal, YSR Kadapa _ fiiistrict, Kadapa, Andhra Pradesh 8. Sri Duggireddy Lakshmi Reddy, S/o Not Known to the Petitioner, Occ- Upa-Sarpanch, Ravulapalli Grama Panchayat, Khazipet Mandal YSR Kadapa District, Kadapa, Andhra Pradesh ...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 appropriate writ, order or direction, particularly one in the nature of Writ of Mandamus, declaring the action of the respodnents especially the 3’’*^ respondent in not passing orders on petitioners appeal dated 29-03-2025 filed against the impugned proceedings bearing Rc.No.2293/Ai/2025, dated 10-03-2025 issued by the 4th respondent, by calling for the entire record culminating into issuance of the impugned proceedings Rc.No.2293/AI/2025, dated 10-03-2025 of the 4th respondent as arbitrary, illegal and unconstitutional and in clear violation of the well settled principles of natural justice. 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 Stay all further proceedings in pursuant to the impugned proceedings Rc.No.2293/AI/2025, dated 10-03-2025 issued by the 4 respondent, pending disposal of the appeal dated 29-03- 2025, before the 3rd respondent. ti) Counsel for the Petitioner : SRI LEO LAW ASSOCIATES LLP ■% Counsel for the Respondents : GP FOR PANCHAYAT RAJ RURAL DEV (R1 R2 R3 R4 R5) Counsel for the Respondents : GP FOR M SUDHIR (STANDING COUNSEL)(R6 R7) Counsel for the Respondents : GP FOR BATTE PAID (R8) The Court made the following ORDER : 1 APHC010230272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 12193/2025 Between; 1.PAIDELA SIVARAMI REDDY, S/0 NAGA SUBBA REDDY AGED ABOUT 39 YEARS YEARS, OCC- AGRICULTURIST -CUM- SARPANCH, RAVULAPALLI GRAMA PANCHAYAT R/0 D.NO. 1/9, RAVULAPALLI VILLAGE, KHAZIPET MANUAL YSR KADAPA DISTRICT, ANDHRA PRADESH - 516 203 ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPBY ITS PRINCIPAL SECRETARY TO GOVERNMENT PANCHAYATRAJ AND, RURAL DEVELOPMENT DEPARTMENT A.P SECRETARIAT BUIDINGS, VELAGAPUDI GUNTUR DISTRICT, ANDHRA PRADESH - 522 238 2.THE COMMISSIONER, PANCHAYATRAJ AND RURAL DEVELOPMENT DEPARTMENT NH 16 SERVICE RD, TADEPALLE, ANDHRA PRADESH 522501 3.THE DISTRICT COLLECTOR, YSR KADAPA DISTRICT, KADAPA, ANDHRA PRADESH 4.THE DISTRICT PANCHAYAT OFFICER, YSR KADAPA DISTRICT, KADAPA, ANDHRA PRADESH 5.THE DIVISIONAL PANCHAYAT OFFICER, KADAPA, YSR KADAPA DISTRICT, ANDHRA PRADESH 6.THE EXTENSION OFFICER PR AND RD, MANUAL PARISHAD, KADAPA, YSR KADAPA DISTRICT, KADAPA, ANDHRA PRADESH 7.THE RAVULAPALLI GRAMA PANCHAYAT, KHAZIPET MANDAL, YSR 2 KADAPA DISTRICT, KADAPA, ANDHRA PRADESH 8.SRI DUGGIREDDY LAKSHMI REDDY, S/0 NOT KNOWN TO THE PETITIONER, OCC- UPA-SARPANCH, RAVULAPALLI GRAMA PANCHAYAT, KHAZIPET MANDAL YSR KADAPA DISTRICT KADAPA ANDHRA PRADESH ...RESPONDENT(S): Counsel for the Petitioner: 1.LEO LAW ASSOCIATES LLP Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ORAL ORDER: Heard Sri Seshadri Goalla, learned Counsel representing M/s. Leo Law Associates, Smt, Naga Chandrika, learned Assistant Government Pleader for Pleader appearing on behalf of Sri M. Sudhir, learned Standing Counsel for the Respondent Nos.6 & 7. Panchayat Raj, Sri T. Sanjeeva Rao, learned Assistant Government for Revenue and Sri Hruthik, learned Counsel 2. Learned Counsel for the Writ Petitioner submits that the Petitioner preferred a Statutory Appeal before the District Collector, District (Respondent No.3) against the Orders Panchayat Officer (Respondent No.4) bearing R.C.No.2293/A1/2025 dated 10.03.2025 (Ex.P.1). Learned Counsel would submit has also filed an Interlocutory Application before the Respondent No.3 seeking stay of the Order of the District Panchayat Officer (Respondent 10.03.2025, which is under challenge. has YS.R Kadapa passed by the District that the Writ Petitioner No.4) dated 3. It is the submission of the learned Counsel for the Writ the District Collector (Respondent No.3) has neither considered the Interlocutory Application filed by the Petitioner Petitioner that nor numbered and consequently, the impugned Order dated 10.03.2025 (Ex.P.1) may continue to operate against the Writ Petitioner indefinitely. 3 ^ 4. There shall be a direction to the District Collector, YSR Kadapa District (Respondent No.3) to number the interlocutory Application as well as the Statutory Appeal filed by the Writ Petitioner, challenging the Order of the District Panchayat Officer (Respondent No.4) bearing R.C.No.2293/A1/2025 dated 10.03.2025 (Ex.PI), within a period of two weeks from today. There shall be a further direction to Respondent No.3 to pass a Speaking Order accordance with law within a period of 4 weeks in the Interlocutory Application filed by the Writ Petitioner seeking stay of the impugned Proceeding dated 10.03.2025 passed by the District Panchayat Officer (Respondent No.4) and communicate a copy of such Order to the Writ Petitioner forthwith. Writ Petitioner is directed to submit a copy of this Order to Respondent No.3 within one week from today for effective compliance. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. Interlocutory Applications, if any, stand closed in terms of this order. in 5. 6. 7. Sd/- K.KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary State of Andhra Pradesh, to Government Panchayat Raj and. Rural Development Department A.P Secretariat Buidings, Velagapudi Guntur District, Andhra Pradesh - 522 238 2. The Commissioner, Panchayat Raj and Rural Development Department NH 16 Service Rd, Tadepalle, Andhra Pradesh 522501 The District Collector,, YSR Kadapa District, Kadapa, Andhra Pradesh 3. The District Panchayat Officer,, YSR Kadapa District, Kadapa, Andhra Pradesh 4. The Divisional Panchayat Officer, Kadapa, YSR Kadapa District, Andhra Pradesh 5. 6. The Extension Officer (PR and RD),, Mandal Parishad, Kadapa, YSR Kadapa District, Kadapa, Andhra Pradesh 7. The Ravutapalli Grama Panchayat,, Khazipet Mandal, YSR Kadapa District, Kadapa, Andhra Pradesh 8. Sri Duggireddy Lakshmi Reddy, S/o Not Known to the Petitioner, Occ- Upa-Sarpanch, Ravulapalli Grama Panchayat, Khazipet Mandal YSR Kadapa District, Kadapa, Andhra Pradesh 9. One CC to SRI. LEO LAW ASSOCIATES LLP Advocate [OPUC] 10. Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV ,High Court Of Andhra Pradesh. [OUT] 11. One CC to M. SUDHIR (Standing Counsel) [OPUC] 12. One CC to BATTE PAID [OPUC] 13. THREE CD COPIES TAC HIGH COURT DATED:07/05/2025 ORDER WP.No.12193 Of 2025 DISPOSING OF THE WP WITHOUT COSTS