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2025 DAILYLAW 32709 (AP)

Chimata Kanaka Durga v. The State of Andhra Pradesh

WP/24684/2025 · 2025-09-14

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010484982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24684/2025 Between: 1. CHIMATA KANAKA DURGA, W/O CHENNA RAO, AGED ABOUT 28 YEARS, OCC- VOA, R/O D. NO. 1-132, CHITTAPUR VILLAGE, CHATRAI MANDAL, ELURU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, , REP.BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ (RURAL DEVELOPMENT AGENCY) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR / EXECUTIVE CHAIRMAN, DRDA, ELURU DISTRICT, ELURU. 3. THE PROJECT DIRECTOR, DRDA, VELUGU, ELURU DISTRICT, ELURU DISTRICT. 4. THE ASSISTANT PROJECT MANAGER, VELUGU OFFICE, CHATRAI MANDAL, ELURU DISTRICT. 5. THE COMMUNITY COORDINATOR, VELUGU, CHATRAI MANDAL, ELURU DISTRICT. 6. USHODAYA GRAMAIKYA SANGAM, CHITTAPUR VILLAGE, CHATRAI MANDAL. ELURU DISTRICT. ...RESPONDENT(S): 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 particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents in directing the petitioner to stop from attending to the duties of VOA (Village Organisation Assistant) in 6th respondent society and threatening to remove the petitioner from service without following procedure and without any notice, as illegal, arbitrary, without jurisdiction and violative of principles of natural justice and rights guaranteed under Art 21 of constitution of India and consequently direct the respondents to continue the petitioner in the post of VOA (Village Organisation Assistant) in 6th respondent society, and to pass such other order. 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 to DIRECT the respondents not to interfere with the petitioner in discharge of her duties as VOA (Village Organisation Assistant) in 6th respondent society, pending disposal of main Writ Petition and to pass such other order. Counsel for the Petitioner: 1. SREENIVASA RAO VELIVELA Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.24684 of 2025 O R DE R: 1. The present Writ Petition is filed to declare the action of Respondents in directing the Petitioner to stop from attending to the duties of VOA (Village Organisation Assistant) in Respondent No.6-Society and threatening to remove the Petitioner from service without following due procedure, as illegal and arbitrary. 2. The Petitioner was appointed as Village Organization Assistant in Respondent No.6-Society, which is a registered society and functioning under the provisions of the Andhra Pradesh Mutually Aided Cooperative Societies Act, 1995 and its own bye-laws. As the official Respondents are restraining the Petitioner from discharging her duties as Village Organization Assistant of Respondent No.6-Soceity, the present Writ Petition is filed. 3. Respondent No.6–Society is said to be a Mutually Aided Cooperative Society and the private employment of the Petitioner in Respondent No.6-Society cannot be the subject matter of the present Writ Petition, as Respondent No.6 is not a ‘State’ under Article 12 of the Constitution of India. 4. Accordingly, the Writ Petition is dismissed. However, liberty is given to the Petitioner to avail alternative remedies under law in an appropriate forum. 5. There shall be no order as to costs. 6. As a sequel, pending applications, if any, shall stand closed. NYAPATHY VIJAY, J Date: 15.09.2025 IS THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.24684 of 2025 Date: 15.09.2025 IS