Extracted from the PDF above. The PDF is authoritative.
I u. APHC010382052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) J MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19321 OF 2025 Between: Nagulapalli Ramesh Babu, S/o Late Venkata Siva Rao, Age 44 years Presently Working as a Deputy Tahsildar, Balijipeta Mandal, Parvathipuram, Parvathipuram Manyam District. ...Petitioner AND
1. The State of Andhra Pradesh, Represented by its Principal Secretary Revenue Department, AP Govt Secretariat, Velagapudi, Amaravathi. 2. The Chief Commissioner of Land Administration, (CCLA), Andhra Pradesh, Mangalagiri, Guntur District. 3. The District Collector, Vizianagaram District, Vizianagaram. 4. The District Collector, Parvathipuram Manyam District, Parvathipuram. 5. The District Civil Supplies Officer, Parvathipuram Manyam District, Paravathipuram. ...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 a writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS to declare the impugned action of the 4th and 5th Respondents in not relieving the Petitioner from his duties to effect the
transfer from Paravathipuram Manyam District to Vizinagaram compliance of Transfer Order of 3rd Respondent vide Rc.No Dt3.06.2025 and Order of Rc.No.1491/2025/A7 Dt 9.6.2025 District in 1884/2025/A7 which is in contrary to General Transfer Policy which is highly illegal, arbitrary, unjust and the same is contrary to Para 5(iv) General Transfers Policy vide GO Ms No 23 of Finance (HR.I- PLG. and Policy) Department Dated 15.05.2025 and also violative of Principles of Natural Justice besides violation and 21 of Constitution of India and of Article 14,16 consequently direct the Respondents the 4th and 5th Respondent to forthwith immediately relieve the Petitioner from the Post of Deputy Tahsildar, Balijipeta, Parvathipuram Manyam District Vizinagaram District in compliance of aforementioned Transfer Orders by adhereing the Para 5 (iv) of General Transfer Police vide Finance (HR.I-PLG. and Policy) Department Dated 15.05.2025 to GO Ms No 23 of lA NO: 1 OF 2Q2fi 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 direct the Respondents the 4th and 5th Respondent to forthwith immediately relieve the Petitioner from the Post of Deputy Tahsildar Parvathipuram Manyam District to Vizinagaram District Balijipeta, in compliance of of General (HR.I-PLG.
& Policy) Department Dated 15.05.2025, pending disposal of the above writ petition. aforementioned Transfer Orders by adhereing the Para 5 (iv) Transfer Police vide GO Ms No 23 of Finance Counsel for the Petitioner: SRI S SRINIVASA RAO Counsel for the Respondents: GP FOR SERVICES I The Court made the following order:
1 APHC010382052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19321/2025 Between: ...PETITIONER Nagulapalli Ramesh Babu AND ...RESPONDENT{S) The State Of Ap and Others Counsel for the Petitioner;
1.S SRINIVASA RAO Counsel for the Respondent(S):
1.GP FOR SERVICES I The Court made the following:
2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19321/2025 The present Writ Petition is filed to declare the impugned action of the 4*'^ and 5'^ Respondents in not relieving the Petitioner from his duties to effect the transfer from Paravathipuram Manyam District to Vizinagaram District in compliance of Transfer Order of 3rd Respondent vide Rc.No 1884/2025/A7 Dt.3.06.2025 and Order of Rc.No.1491/2025/A7 Dt 9.6.2025, which is in contrary to General Transfer Policy, is illegal and arbitrary, . The Petitioner is working as Deputy Tahsildar, Balijipeta
2. Mandal, Parvathipuram Manyam District. Pursuant to the Government Order No.23, dated 15.05.2025, the District Collector of Vizianagaram, approved the transfer of the Petitioner vide Proceedings in Rc.No. 1884/2025/A7, dated 3.6.2025 and posted the Petitioner as Deputy Tahsildar at the RDO Office Cheepurupalli, Vizianagaram District. Vide Proceedings in Rc.No. 1491/2025/A7 dated 09.06.2025, the Respondent No.4 had issued transfer orders of the Petitioner by transferring him to CSDT, Pachipenta and ordered to work as LRDT, Sub Collector’s Office, Parvathipuram. Hence, the present Writ Petition. 3
3.
Learned counsel for the Petitioner would submit that once the order of the transfer of the Petitioner has been issued by the Respondent No.2/District Collector on 3.06.2025, the impugned Proceedings dated 09.06.2025 are contrary to the same.
4. Learned Assistant Government Pleader on instructions submits that the Petitioner was ordered to work at CSDT, Pachipenta as there was deficiency of man power in the cadre of Deputy Tahsildar and the Department is facing difficulty in implementation of the development activities. As per G.O.Ms.No.23, dated 15.05.2025, the District
5. Collector of the erstwhile District is the authority to effect transfers. As per G.O.Ms.No.23, dated 15.05.2025, the procedures for transfer and postings are as under:
“ i. All the transfers shall be effected by the competent authorities as per the existing orders of delegation, subject to the Government Orders and conditions prescribed, ii) All transfers shall be affected following procedures and rules of respective departments and for effecting transfers and posting of employees belonging to the district/zonal/multi-zonal cadres, the erstwhile district/zones/multi-zones shall only be respectively considered as Units, in accordance with the cadres localized under the Presidential Order”.
4 of the above, the Respondent No.2 being the effect transfers issued the transfer In view
6. authority empower to Proceedings dated 03.06.2025. The District Collector/R.4 could have acted contrary to the order of transfer dated 03.06.2025 not and retained the Petitioner on account of administrative reasons the absence of any modification to the order of transfer dated
03.06.2025. Therefore, this Court is inclined to dispose of the present Writ Petition with the following directions; (i) The Respondent No.4 shall release the Petitioner in of the Transfer Order dated 03.06.2025 as expeditiously as in terms possible. ii) There shall be no order as to costs. sequel, miscellaneous petitions, pending if any, shall As a stand closed.
Sd/- Wl. SRINSVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Secretariat, Revenue Department
1. The Principal Secretary, Velagapudi, Amaravathi.
2. The Chief Commissioner Pradesh, Mangalagiri, Guntur District.
3. The District Collector, Vizianagaram District, Vizianagaram.
4. The District Collector, Parvathipuram Manyam District, Parvathipuram. of Land Administration, (CCLA), Andhra
Civil Supplies Officer, Parvathipuram Manyam District,
5. The, District Paravalhipuram.
6. One CC to Sri S Srinivasa Rao, Advocate [OPUC] CCs to GP for Services 1, High Court of Andhra Pradesh [OUT]
7. Two
8. Two CD Copies TF
HIGH COURT DATED:28/07/2025
ORDER WP NO. 19321 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS