Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 17398 (AP)

Gollamandala Chittibabu, v. THE STATE OF ANDHRA PRADESH

WP/11770/2025 · 2025-05-02

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010237732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 11770/2025 Between: 1. GOLLAMANDALA CHITTIBABU,, S/O. LATE SURYA RAO AGED ABOUT 48 YEARS, OCC SARPANCH, R/O. D.NO.8-32, SAKHINETIPALLI VILLAGE AND MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, DR.B.R.AMBEDKAR KONASEEMA DISTRICT COLLECTORATE, AMALAPURAM. 3. THE DISTRICT GRAMA PANCHAYAT OFFICER, DR.B.R.AMBEDKAR KONASEEMA DISTRICT, COLLECTORATE, AMALAPURAM. 4. THE EXTENSION OFFICER PR AND RD, SAKHINETIPALLI MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. VALLURU CHETAN SUSHEEL Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2 The Court made the following: ORAL ORDER: Heard Sri M.R.K. Chakravarthy, learned Counsel appearing on behalf of Sri V. Chetan Susheel, learned Counsel for the Writ Petitioner and Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj. 2. Learned Counsel for the Writ Petitioner has drawn the attention of this Court to the Show Cause Notice dated 29.04.2025 (Ex.P.1) (impugned herein). He would submit that the District Panchayat Officer (Respondent No.3) does not have the jurisdiction to issue Notice on behalf of the Collector as per Section 249 of the Andhra Pradesh Panchayat Raj Act, 1994. He would also submit that the relevant material has not been supplied to the Writ Petitioner inasmuch as the Report of the Respondent No.4 has not been supplied to the Writ Petitioner. He would also submit that the issuance of Show Cause Notice granting only four days’ time to the Writ Petitioner to submit an explanation is grossly inadequate and, therefore, violates the principles of Natural Justice. 3. This Court is in agreement with the submissions made by the learned Counsel for the Writ Petitioner that the grant of four days’ time to submit an explanation, which is grossly inadequate, violates the principles of Natural Justice. 4. Having regard to these facts and circumstances, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into the merit, directing the Official Respondents to supply a copy of the Report submitted by the Respondent No.4 to the Writ Petitioner within two weeks from today. The Official Respondents shall also supply the relevant proceeding by which the District Collector has authorized the District Panchayat Officer to issue Show Cause Notices on his behalf. 3 5. It is further directed that the Writ Petitioner shall submit the explanation to the Show Cause Notice within two weeks from the date of supply of the Report of the Respondent No.4. Needless to state that the Official Respondents are legally bound to consider the explanation submitted by the Writ Petitioner objectively and pass a Speaking Order in accordance with law and communicate such Order to the Writ Petitioner forthwith. 6. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 7. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 02.05.2025 Note: Issue C.C by 05.05.2025, B/o, Vns