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2025 DAILYLAW 28556 (AP)

MALLADI NAGARAJU v. THE STATE OF AP

WP/21328/2025 · 2025-08-12

Nyapathy Vijay

body2025

Judgment text

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APHC010406972025 IN THE HIGH COURT OF ANDHRA (Special Original Jurisdiction) WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21328 Between: 1. MALLADI NAGARAJU, D/o Azasaiah, aged about 29 years, Occ Village Agricultural Assistant, R/o D.No.10 74/1,Harijanwada,Reddigudenn Tiruvuru, Reddigudem Mandal, NTR District, Andhra Pradesh 1. THE STATE OF A Department of Agriculture Secretariat, Velagapudi, Amaravati, Guntur District 2. The Director, Grama Sachivalayam and Ward Sachivalayam Dept., Jawahar Auto Nagar, Vijayawada. 3. The Collector and District Magis District. 4. District Agriculture Officer, Krishna District, Machilipatnam. 5. District Agriculture Officer, NTR District. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21328 OF 2025 1. MALLADI NAGARAJU, D/o Azasaiah, aged about 29 years, Occ Village Agricultural Assistant, R/o D.No.10 74/1,Harijanwada,Reddigudenn Tiruvuru, Reddigudem Mandal, NTR District, Andhra Pradesh-521215. ...Petitioner AND 1. THE STATE OF AP, Represented by its Principal Secretary, Department of Agriculture Secretariat, Velagapudi, Amaravati, 2. The Director, Grama Sachivalayam and Ward Sachivalayam Dept., Jawahar Auto Nagar, Vijayawada. 3. The Collector and District Magistrate, Machilipatnam,Krishna 4. District Agriculture Officer, Krishna District, Machilipatnam. 5. District Agriculture Officer, NTR District. WEDNESDAY,THE THIRTEENTH DAY OF AUGUST THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 1. MALLADI NAGARAJU, D/o Azasaiah, aged about 29 years, Occ Village Agricultural Assistant, R/o D.No.10- 74/1,Harijanwada,Reddigudenn Tiruvuru, Reddigudem Mandal, ...Petitioner P, Represented by its Principal Secretary, Department of Agriculture Secretariat, Velagapudi, Amaravati, 2. The Director, Grama Sachivalayam and Ward Sachivalayam trate, Machilipatnam,Krishna 4. District Agriculture Officer, Krishna District, Machilipatnam. 2 6. District Agriculture Officer, Eluru District. 7. Keetha Venkatesh, S/o Unknown, Jinjeru Secretariat, Pedana Mandal, Krishna District. Also at Kanchikacherla -2, Secretariat, Kanchikacherla Mandal, NTR District. 8. Banavathu Narendra Kumar Nayak, S/o. Unknown, Ibrahimpatnam - 2, Secretariat, Ibrahimpatnam, NTR District. Also at Gandepalli Secretariat, Kanchikacherla Mandal, NTR District. 9. Kathi Venkata Srujana, D/o Unknown, Penamakuru Secretariat, Thotalavalluru Mandal, Krishna District. Also at Kanchikacherla -3, Secretariat, Kanchikacherla Mandal, NTR District. ...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 topleased to issue a writ, order or direction, more particularly a writ in the nature of Mandamus, declaring the action of Respondent No.4 in issuing Proceedings Rc.No.A2/05/2025, dated 30.06.2025, in contravention of the transfer guidelines prescribed under G.O.Ms.No.5, dated 12.06.2025, issued by the Gram Secretariat and Ward Secretariat (GSWS) Department, and Circular Letter No.2866243/F(HR)/GSWS/2025, dated 16.06.2025 issued by Respondent No.2 as arbitrary, illegal, and without jurisdiction and also violative of the fundamental rights guaranteed to the petitioner under Articles 14, 16, and 21 of the Constitution of 3 India and consequently, direct the respondents to conduct fresh counselling or post the petitioner at one of their preferred locations and pass IA 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 pleased to suspend the operation and effect of Proceedings bearing Rc.No.A2/05/2025 dated 30.06.2025, pending disposal of the writ petition, and pass IA NO: 2 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 pleased to stay the transfer of the petitioner from Moguluru Secretariat, Kanchikacherla Mandal, NTR District to Vadlamannadu Secretariat, GudlevalleruMandal, Krishna Districtpursuant to Proceeding bearing Rc.No.A2/05/2025 dated 30.06.2025 issued by Respondent No.4, pending disposal of the writ petition, and pass Counsel for the Petitioner: CHUKKA HARIKA Counsel for the Respondents: GP FOR SERVICES I The Court made the following order: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21328 OF 2025 ORDER: The present writ petition is filed declaring the action of Respondent No.4 in issuing Proceedings Rc.No.A2/05/2025, dated 30.06.2025, in contravention of the transfer guidelines prescribed under G.O.Ms.No.5, dated 12.06.2025, issued by the Gram Secretariat and Ward Secretariat (GSWS) Department, and Circular Letter No.2866243/F(HR)/GSWS/2025, dated 16.06.2025 issued by Respondent No.2 as arbitrary and illegal. 2. Learned counsel for the petitioner as well as learned Standing Counsel for the Respondents would submit that the issue involved in this Writ Petition is squarely covered by the Order dated 11.08.2025 passed by this Court in W.P.No. 16968 of 2025 and batch and requested to pass a similar order in this Writ Petition also. 3. In view of the same, this Writ Petition is also disposed of in terms of the order, dated 11.08.2025 passed by this Court in W.P.No.16968 of 2025. There shall be no order as to costs. 5 4. Registry is directed to attach the copy of the Order, dated 11.08.2025 passed by this Court in W.P.No.16968 of 2025 to this Order. As a sequel, the miscellaneous petitions pending if any shall stands dismissed. __________________ NYAPATHY VIJAY, J Date: 13.08.2025 KKV 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21328 OF 2025 13.08.2025 KKV