Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 23178 (AP)

K CHINNA LINGANNA v. THE STATE OF ANDHRA PRADESH

WP/16423/2025 · 2025-07-02

Challa Gunaranjan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010326192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16423 OF 2025 Between: K. Chinna Linganna, S/o K. Naganna, Aged 38 years, Field Assistant, Thatipadu Gram Panchayath, Jupadu Bungalow Mandal, Kurnool District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayath Raj and Rural Development Dept., Secretariat Buildings, Velagapudi, Guntur Dist. 2. The Commissioner, Panchayat Raj and Rural Development, Secretariat Buildings, Velagapudi, Guntur Dist. 3. The District Collector, Nandyala District at Nandyala. 4. The Project Director, District Water Management Board, Nandyala District at Nandyala. 5. The Mandal Prajaparishath Development Officer, Jupadu Bungalow Mandal, Nandyala Dist. ...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 Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the order of the Respondent in removing the Petitioner straight-away Rc.No.57/HRM(ACCT)/DWMA/NDL, dated 24-06-2025 without issuing any from vide service notice or giving any opportunity of hearing or even without providing the alleged Audit Report dated 03-02-2023 and its connected documents is as illegal, arbitrary and violation of principles of natural justice apart from violation of Art. 14, 16, 19 and 21 of Constitution of India and consequently set aside the same. 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 operation of the order of the 4 Rc.No.57/HRM(ACCT)/DWMA/NDL, dated 24-06- 2025, pending disposal of the above writ petition. th Respondent Counsel for the Petitioner: SRIJ U M V PRASAD Counsel for the Respondent Nos.1 to 3: GP FOR SERVICES I Counsel for the Respondent No.4: SRI M.S.R. CHANDRA MURTHY, SC FOR MGNREGS Counsel for the Respondent No.5:SMT. B.V.APARNA LAKSHMI, SC FOR ZPP, MPP & GRAM PANCHAYAT The Court made the following order: I w APHC010326192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16423/2025 Between: 1.K CHINNA LINGANNA, S/0 K NAGANNA, AGED 38 YEARS, FIELD ASSISTANT, THATIPADU GRAM PANCHAYATH, JUPADU BUNGALOW MANDAL, KURNOOL DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETRY PANCHAYATH RAJ AND RURAL DEVELOPMENT DEPT., VELAGAPUDI, GUNTUR DIST. SECRETARIAT BUILDINGS 2.THE COMMISSIONER, PANCHAYAT RAJ AND SECRETARIAT RURAL BUILDINGS, DEVELOPMENT, VELAGAPUDI, GUNTUR DIST. 3.THE DISTRICT COLLECTOR, NANDYALA DISTRICT AT NANDYALA. 4.THE PROJECT DIRECTOR, MANAGEMENT BOARD, NANDYALA. DISTRICT WATER NANDYALA DISTRICT AT 5. THE MANDAL PRAJAPARISHATH DEVELOPMENT OFFICER, JUPADU BUNGALOW MANDAL, NANDYALA DIST. ...RESPONDENT(S): HCGR.J W.P.No.l6423of2025 Petition under Article 226 of the Constitution of India praying that ,n the circumstances stated in the affidavit filed therewith the High Court may be pleased tomay be pleased to issue Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the order of the 4th Respondent in removing the Petitioner straight-away from service vide Rc.No.57/HRM(ACCT)/DWMA/NDL dated 24-06-2025 without issuing any notice or giving any opportunity of hearing or even without providing the alleged Audit Report dated 03-02-2023 and its connected documents is as illegal arbitrary and violation of principles of natural justice apart from violation of Art. 14, 16, 19 and 21 of Constitution of India and consequently set aside the same and pass such lA NO: 1 OF 709^ Petition under Section 151 CPC praying that in the of the petition, the H gh Court may be pleased may be pleased to suspend the operation of the order of the 4th Rc.No.57/HRM(ACCT)/DWMA/NDL, dated 24-06- disposal of the above writ petition and to pass such Respondent 2025, pending Counsel for the Petitioner: 1.J U M VPRASAD Counsel for the Respondent(S); 1.GP FOR SERVICES I HCGH,J W.P.f^o.16423 of 2025 % The r.niirt madp the followinfl Orderi order dated 24.06.2025, inq the petitioner from service as present writ petition assails The passed by 4'^ respondent, removing Field Assistant, to be illegal, arbitrary and contrary to the guidelines learned counsel for the petitioner, Heard Sri J.U.M.V.Prasad 2. Pleader for Services-1 for respondent learned Standing Counsel for Lakshmi, learned Standing learned Assistant Government Sri M.S.R.Chandra Murthy Nos.1 to 3 respondent No.4 and Smt B.V.Aparna Counsel for respondent No.5. tried to address the Court learned Standing Counsel for alternative remedy of filing under 13(C) of the Field . Therefore, learned counsel Learned counsel for the petitioner of the matter, then 3. on merits respondent No.4 point out that there is before the 3^'* respondent an of appeal Assistant Human Resource Policy, 2013 petitioner sought liberty to prefer appeal. for the is granted liberty to prefer the 3^' of the same, petitioner In view 4. respondent. On filing of the same opportunity of hearing to the in accordance with law, within a order as to appeal before the 3 respondent shall, after providing due petitioner, dispose of the appeal in period of four (04) weeks thereafter. There shall be no costs. a? HCGRJ W.P.No.l6423of2025 As a sequel, miscellaneous stand closed. petitions, pending if any, shall Sd/- M SRiNIVAS ASSISTANT REGISTRAR //TRUE COPY// ScC ! iON OrrSCER To 1. The Principal Secretary, Panchayath Raj and Rural Development Dept., State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur Dist. 2. The Commissioner, Panchayat Raj and Rural Development, Secretariat Buildings, Velagapudi, Guntur Dist. 3. The District Collector, Nandyala District at Nandyala. 4. The Project Director, District Water Management Board, Nandyala District at Nandyala. 5. The Mandal Prajaparishath Development Officer, Jupadu Bungalow Mandal, Nandyala Dist. 6. One CC to Sri J. U. M. V. Prasad, Advocate [OPUC] 7. One CC to Sri M.S.R. Chandra Murthy, SC for MGNREGS[OPUC] 8. One CC to Smt. B.V. Aparna Lakshmi, SC for ZPP, MPP & Gram Panchayat[OPUC] 9. Two CCs to GP for Services-I^ High Court of Andhra Pradesh [OUT] 10.Two CD Copies ssb HIGH COURT DATED:03/07/2025 ORDER WP No.16423 OF 2025 ANDS^ 1♦ Jut m ^ . Current Secnon . ^ X CO, DISPOSING OF THE W.P. WITHOUT COSTS