GOLLAMANDALA CHITTIBABU v. THE STATE OF ANDHRA PRADESH
WA/596/2025 · 2025-05-07
Dhiraj Singh Thakur, R Raghunandan Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18565 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18565 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
% IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HONOURABLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT APPEAL NO: 596 OF 2025 Writ Appeal under clause 15 of the Letters Patent against the Order dated 02.05.2025 in WP .No. 11770 of 2025 on the file of the High Court. Between: 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.
...APPELLANT/WRIT 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 & RD), Sakhinetipalli Mandal, Dr.B.R.Ambedkar Konaseema District. ...RESPONDENTS/RESPONDENTS
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 suspend the Show Cause Notice issued vide R.c.No. 213(1)/2025-A3 dated 29/04/2025, pending disposal of this Appeal. Counsel for the Appellant: SRI M.R.K. CHAKRAVARTHY FOR SRI VALLURU CHETAN SUSHEEL Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT The Court made the following: JUDGMENT
#,¥ APHC010257432025 Bench Sr.No:-16 [3446] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO: 596 of 2025 Gollamandala Chittibabu ...Appellant Vs. The State of Andhra Pradesh and others ...Respondents ********** Advocate for Appellant Sri M. R. K. Chakravarthy,
learned counsel representing Sri Valluru Chetan Susheel Advocate for Respondents Learned Government Pleader for Panchayat Raj and Rural Development
CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDAN RAO DATE : 8th May 2025 PC : The present Writ Appeal has been preferred against the judgment and
order dated 02.05.2025 passed in W.P.No.11770 of 2025. The main ground of challenge before the learned single Judge was that
2. the time period prescribed in the show cause notice to submit a reply was only four days, which was insufficient; secondly that the authority i.e., the District Panchayat Officer has no jurisdiction to issue a show cause notice on behalf of the District Collector inasmuch as under Section 249 of the Andhra Pradesh Panchayat Raj Act, 1994 (for short, “the Act”), it was only the District Collector who has the authority to issue any such show cause notice.
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3. The writ Court has disposed of the petition without going into the issue of jurisdiction with a direction to the respondents to supply a copy of the relevant proceedings, if any, whereby, the powers which are otherwise exercised by the District Collector under Section 249 of the Act are delegated to the District Panchayat Officer. It appears that in terms of Section 260 of the Act, it is possible for the authority to delegate the powers which are otherwise vested in the District Collector.
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Learned counsel for the respondents states that there is a notification delegating powers in favour of the District Panchayat Officer, which will be supplied to the appellant herein.
5. Be that as it may, a copy of the notification issued under Section 260 of the Act be supplied to the appellant within ten (10) days from today and the appellant is at liberty to file an appropriate response to the show cause notice within a period of two (2) weeks thereafter. Till such time as the copy of the notification is supplied to the appellant and response received and considered, no further proceedings shall be initiated against the appellant.
6. The Writ Appeal is disposed of accordingly. No order as to costs. Pending miscellaneous applications, if any, shall stand closed.
Sd/- M RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To
1. The Principal Secretary, Panchayat Raj Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Thullur Mandal, Amaravathi, Guntur District.
2. The District Collector, Dr.B.R.Ambedkar Konaseema District Collectorate, Amalapuram. The District Grama Panchayat Officer, Dr.B.R.Ambedkar Konaseema District, Collectorate, Amalapuram. The Extension Officer (PR & RD), Sakhinetipalli Mandal, Dr.B.R.Ambedkar Konaseema District. One CC to Sri Valluru Chetan Susheel, Advocate [OPUCl^ . Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT] Three C.D. Copies.
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HIGH COURT DATED:08/05/2025
JUDGMENT WA.No.596 of 2025 DISPOSING OF THE WRIT APPEAL WITHOUT COSTS