MADUGULA RAJENDRA PRASAD v. THE STATE OF ANDHRA PRADESH
WP/759/2025 · 2025-01-10
K Manmadha Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3098 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3098 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 759 OF 2025 Between: Madugula Rajendra Prasad, S/o.Kotaiah, Aged about S.C.Colony, Chillakallu, Jaggayyapeta Mandal, N.T.R.District. 38 years, ...PETITIONER AND
1. State of Andhra Pradesh, Represented by its Principal Secretary, Revenue Department, Secretariat Building, Velagapudi, Amaravati, Guntur District. 2. The Chief Commissioner of Land Administrartion (CCLA), Mangalagiri Guntur District. 3. The District Collector, Office of the Collectorate Vijayawada. 4. The District Collector, Office of the Collectorate, Krishna District Machalipatnam. 5. The District Revenue Officer, Krishna District, Machalipatnam. 6. The District Revenue Officer, NTR District ,Vijayawada N.T.R.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 to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondent is not placing the case of the petitioner for promotion to the post of Deputy Tahsildar on the ground that Disciplinary case Is pending against wholly illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India, including Go. MS. No. 257 General Administration (SER.C) Department dated 10-06-1999 and consequently direct the respondents to include the name of the petitioner in the list of eligible Senior Assistants to be promoted to the post of Deputy Tahsildar as per the Go. MS. No. 257 General Administration (SER.C) Department dated 10-06-1999. me IS 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 direct the respondents to include the case of the petitioner in the list of eligible senior Assistants to be promoted to the post of Deputy Tahsildar as per the Go.MS.No.257 General Administration (SER.C) Department dated 10-06-1999 pending disposal of the above writ petition. Counsel for the Petitioner(s): SRI.
Counsel for the Petitioner(s): SRI. DEVI PRASAD MANGALAPURI Counsel for the Respondent Nos.1 to 6: GP FOR REVENUE The Court made the following: ORDER
m APHC010011602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 759/2025 Between: Madugula Rajendra Prasad ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
I .DEVI PRASAD MANGALAPURI Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following:
ORDER: This writ petition is filed under Article 226 of the Constitution of India for the following relief:
“ to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus V declaring the action of the respondent is not placing the case of the petitioner for promotion to the post of Deputy Tahsildar on the ground that Disciplinary case Is pending against me is wholly illegal arbitrary and violative of Articles 14 and 16 of the Constitution of India including Go MS No 257 General Administration SER C Department dated 10.06.1999 and consequently direct the respondents to include the name of the petitioner in the list of eligible Senior Assistants to be promoted to the post of Deputy Tahsildar as per the G.O.Ms.No 257 General Administration SER C Department dated 10.06.1999 and to pass ” // \
2. Heard Sri Devi Prasad Mangalapuri, learned counsel appearing for the petitioner and learned Government Pleader for Revenue appearing for the respondents.
3. On hearing, learned counsel for the petitioner while reiterating the averments made in the affidavit, submits that, the petitioner is eligible and qualified for promotion to the post of Deputy Tahsildar but because of showing in the list as pendency of Disciplinary case against the him, his case was not considered by the respondents. He submits that the petitioner ‘s name was included as si.No. 16 in the File No.REV-ASECOPRM(DT)2/ 2016-SA-(A3)- KCO DATED 17.04.2018. But the respondents have not taken any action. While the matter stood thus, the criminal case in CC No.225 of 2016 which was pending against the petitioner was ended in acquittal.
Learned counsel further submits that the Governmetn has beein issuing various GOs for
consideration of employees against whom disciplinary proceedings/criminal cases are pending. One of such G.Os., the G.O.Ms.No.257 General Administration (SER.C) Department, dated 10.06.1999. Basing on the said G.O., the petitioner is entitled for consideration of his case for promotion to the post of Deputy Tahsildar, and to that extent, the petitioner made a representation dated 4.01.2025 to the respondents for consideration of his case. But so far no action has been taken by respondents. Therefore,
learned counsel for the petitioner requests this Court to issue a direction to the • respondents to consider the case of the petitioner in terms of G.O.ms.No.2357 dated 10.06.1999.
4. Per contra, learned Government Pleader appearing for the respondents does not refute the said submission. r
5. Having regard to the facts and circumstances of the case and on considering the submissions of learned counsel for the petitioner, this Court is inclined to dispose of the writ petition, while directing the respondents to consider the case of the petitioner for promotion to the post of Deputy Tahsildar as per G.O.Ms.No.257, dated 10.06.1999, as expeditiously as possible.
6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all the pending miscellaneous applications shall stand closed.
SD/- N NAGAMMA ASSISTANT REGISTRAR I SECTION OFFICER The Principal Secretary, Revenue Department, Secretariat Building, Velagapudi, Amaravati, Guntur District. The Chief Commissioner of Land Administrartion (CCLA), Manqalaqiri Guntur District. a a - The District Collector, Office of the Collectorate, N.T.R.District, Vijayawada. The District Collector, Office of the Collectorate, Krishna District, Machalipatnam. The District Revenue Officer, Krishna District, Machalipatnam. The District Revenue Officer, NTR District, Vijayawada One CC to Sri Devi Prasad Mangalapuri Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] Three CD Copies //TRUE COPY// To,
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f HIGH COURT DATED:10/01/2025
ORDER WP.No.759 of 2025 ^ 2't JAN 2025 ^ ^ . Current Section DISPOSING OF THE W.P. WITHOUT COSTS