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2025 DAILYLAW 19566 (AP)

Anchula Suresh Babu, v. The State of Andhra Pradesh,

WP/12548/2019 · 2025-07-07

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

r: «■ I APHC010274462019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 12548 OF ?niQ Between: Anchula Suresh Babu, S/o. Narasimha Rao (Under Termination) R/o. Anchulavaripalem Village. Rajupalem Mandal Guntur District-522 413. Age 30 years, Occ: Senior Mate ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, PR & RD Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector/Appellate Authority, MGNREGS, Guntur Guntur. 3. The Project Director, District Water Management District at Guntur. 4. The District at Agency, Guntur Mandal Parishad Development Officer/Program MGNREGS, Rajupalem Mandal, Guntur District. 5. Smt. B. Ashoka Rani, W/o. Not known to the Assistant (Under Termination) MGNREGS, Panchayat. Rajupalem Mandal, Guntur District Officer, peittioner, Occ Field Anchulavaripalem Gram ...RESPONDENTS India praying that in the the High Court may be Petition under Article 226 of the Constitution of circumstances stated in the affidavit filed therewith, «k> pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the proceedings Rc.No.599-2018/H, dated ' 0^-08-2019 and consequential appointment of 5*^ Respondent in proceedings // RC.N0.599-20I8/H, dated 06-08-2019 issued by Respondent as illegal, arbitrary, malafide and also violative of principles of natural justice and consequently direct the Respondents 3 and 4 to continue the petitioner Senior Mate under MGNREG Scheme of Anchulavaripalem Gram Panchayat, Rajupalem Mandal, Guntur District with all consequential and incidental benefits attached to the post. lA NO: 1 OF 2019 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 proceedings Rc.No.599-2018/H, dated 06-08-2019 and consequential appointment proceedings of the proceedings Rc.No.599- 2018/H, dated 06-08-2019 issued in favour of 5th Respondent by the Respondent. Counsel for the Petitioner: SRI P. V. V. SATYANARAYANA Counsel for the Respondent No.liGP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent Nos.2 & 3:SRI M. S. R. CHANDRA MURTHY Counsel for the Respondent No.4;SRI G. SRINIVASULA REDDY (SC FOR ZPP MPP AND GP SERVICES) Counsel for the Respondent No.5:SRI RAMA RAO KOCHIRI The Court made the following order: as APHC010274462019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 12548/2019 Between: ANCHULA SURESH BABU, S/0. NARASIMHA RAO, AGE 30 YEARS, OCC SENIOR MATE (UNDER TERMINATION) ANCHULAVARIPALEM VILLAGE. RAJUPALEM MANDAL, GUNTUR DISTRICT-522 413. R/0. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PR AND RD DEPARTMENT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR/APPELLATE AUTHORITY, MGNREGS, GUNTUR DISTRICT AT GUNTUR. 3.THE PROJECT DIRECTOR, DISTRICT WATER MANAGEMENT AGENCY, GUNTUR DISTRICT AT GUNTUR. 4.THE MANDAL PARISHAD DEVELOPMENT OFFICER/PROGRAM OFFICER, MGNREGS, RAJUPALEM MANDAL, GUNTUR DISTRICT. 5.SMT B ASHOKA RANI, W/0, NOT KNOWN TO THE PEITTIONER, OCC FIELD ASSISTANT (UNDER TERMINATION) MGNREGS, ANCHULAVARIPALEM GRAM PANCHAYAT, RAJUPALEM MANDAL, GUNTUR DISTRICT. SECRETARIAT, ...RESPONDENT(S): Counsel for the Petitioner: 1. P V V SATYANARAYANA Counsel for the ResponJent(S): 1.RAMARAO KOCHIRI 2.M S R CHANDRA MURTHY 3.GP FOR PANCHAYAT RAJ RURAL DEV (AP) 4.G SRINIVASULA REDDY (SC FOR ZPP MPP AND GP SERVICES) The Court made the following: 2 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for; a Writ of Mandamus declaring the proceedings Rc.No.599- 2018/H, dated 06-08-2019 and consequential appointment of 5th Respondent in proceedings Rc.No.599-2018/H, dated 06-08-2019 issued by 3rd Respondent as illegal, arbitrary, malafide and also violative of principles of natural justice and consequently direct the Respondents 3 and 4 to continue the petitioner as Senior Mate under MGNREG Scheme of Anchulavaripalem Gram Panchayat, Rajupalem Mandal, Guntur District with all consequential and incidental benefits attached to the post ” When the matter is taken up for hearing, Sri P.V.V.Satyanarayana , learned counsel for the Petitioner would submit that the Petitioner is working as a Senior Mate under MGNREG Scheme and a show-cause notice was issued to the Petitioner, for which, he submitted his explanation. Learned counsel would further submit that 14 days time need to be given to the Petitioner for submitting the explanation. It is further submitted that, without considering the explanation given by the Petitioner, the impugned order has been passed terminating his services. Learned Standing Counsel for Respondent No.4 would submit that, after considering the explanation of the petitioner and after giving him an opportunity for his personal hearing only the services of the Petitioner terminated because of his misconduct in not maintaining the registers and not updating the entries in the registers. It is further submitted that, when a statutory appeal, which is an alternative and efficacious remedy, is available to the Petitioner, the Court cannot entertain the writ petition. 2. 3. were Learned counsel for the Petitioner, in reply, would submit that the petition may be disposed of by giving liberty to prefer appeal before the 4. appropriate authority. 5. Considering the submissions made, the Writ Petition is disposed of by giving liberty to the Petitioner to prefer appeal, which is very much available as before the District Collector, within two (02) weeks from the per the statute date of receipt of copy of this Order. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. Sd/- N. NAGAMWIA assistant registrar //TRUE COPY// N OFFICER SEC To, RD Department, State of Andhra The Principal Secretary, PR & Secretariat, Velagapudi, Amaravati, Guntur District. Coiiector/Appeliate Authority, MGNREGS, Guntur Distnct at 1. Pradesh, 2. The District Guntur. 3. The Project Director, District Water District at Guntur. 4. The Mandal MGNREGS, Rajupalem Mandal, Guntur District. 5. One CC to Sri P. V. V. Satyanarayana 6. One CC to Sri Rama 7 One CC to Sri M. S. R. Chandra Murthy, Advocate [OPUC] Reddy (SC for ZPP MPP and GP Management Agency, Guntur Officer, Officer/Program Parishad Development , Advocate [OPUC] Rao Kochiri, Advocate [OPUC] Sri G. Srinivasula 8. One CC to SERVICES) [OPUC] 9. Two CCS to GP for Panchayat Raj of Andhra Pradesh [OUT] i & Rural Development, High Court 10. Two CD Copies. "T 4f HIGH COURT DATED:08/07/2025 ORDER WP No. 12548 OF 2019 I DISPOSING OF THE W.P. WITHOUT COSTS