IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 27462 OF 2024 Between: Pamu Sunitha, W/o P.Mansingh, Aged about 49 years, Residing at D.No. 3- 127, Arjavari Gudem Bhimadole Mandal, West Godavari, Andhra Pradesh. ...PETITIONER AND The State of Andhra Pradesh, Rep. by the Principal Secretary, Panchayatraj and Rural Development Department, Secretariat, Amaravathi. District Collector, West Godavari District, District Panchayat Officer, Bhimadole Mandal, West Godavari District. Divisional Panchayat Officer, Bhimadolu Mandal, Eluru District. Divisional Panchayat Officer, Nuzividu. Bhimadole Gram Panchayat, West Godavari District, Represented by its Executive Authority cum Panchayat Secretary. Gogulamudi Ravikumar, S/o Sayely, Resident of Arjavarigudem, Bhimadolu Mandal, Eluru District. Jakkula Musalayya, S/o Venkanna, Resident of Peda Lindampadu, Bhimadolu Eluru District- 534425. 1. 2. 3. 4. 5. 6. 7. 8. ...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 an order or writ or direction more particularly one in the nature of WRIT OF MANDAMUS, challenging the action of respondents in repeatedly issuing notices explanation to the power and also i the respondents ^'urther direct the any appropriate orders i to the petitioner for earlier notices which i enquiry, in spite of submitting arbitrary, illegal and rights and IS abuse of in violation of fundamental ri not to issue consequently direct any further notices consider petitioner^ in accordance with law. on the same complaints and explanation and respondents to pass jA NO: 1 OF Petition under Section stated in the affidavit filed i pleased to notices or 151 CPC praying that in the cicircumstances 'n support of the petition the High Court grant a direction may be respondents from issuing further on the same restraining the conducting enquiries based pendency of the Writ Petition. Counsel for the Petitioner: Counsel for the Respondent complaints, during the ■ SRI T.DIWAKAR REDDY No.1; GP FOR PANCHAYAT RAJ & rural development No.2: GP for revenue Nos.3to6: SRI Y. Counsel for the Respondent Counsel for the Respondent KOTESWARA RAO, SC for 2PP, IMPP & gram PANCHAYAT Counsel for the Respondent The Court made the Nos. 7 & 8; following; ORDER THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 27462 of 2024 ORDER: This Writ Petition is filed under Article 226 of Constitution of India for the following relief/s;- pleased to issue an order or writ or direction more particularly one in the nature of writ of mandamus, challenging the action of respondents in repeatedly issuing notices to the petitioner for enquiry, in spite of submitting explanation to the earlier notices which is arbitrary, illegal and abuse of power and also in violation of fundamental rights and consequently direct the respondents not to issue any further notices on the same complaints and further direct the respondents to consider petitioner’s explanation and pass any appropriate orders in accordance with law and pass such other order or orders " The grievance of the petitioner is that the respondents are repeatedly issuing notices to her to attend an enquiry in spite of submitting explanation to the notices, which is nothing short of harassment and it violates Article 21 of the Constitution of India. 2. It is asserted in paragraph No.5 of the Writ Affidavit, a notice dated 08.07.2024 was issued to the petitioner directing to appear before the concerned respondent with all relevant documents on 3. 2 16.07.2024 and subsequently another notice dated 19.07.2024 issued stating that the enquiry rescheduled to 24.07.2024 Subsequently notice dated 23.08.2024 was issued and another notice dated 11.11.2024 was served on the petitioner directing the petitioner to appear for enquiry on 13.11.2024. was 4. Learned counsel for the petitioner would submit that the petitioner offered her explanation dated 29.08.2024 and 05.11.2024, despite the explanation submitted, without addressing the explanation, the respondents are insisting the petitioner repeatedly to attend before the authority. 5. Learned counsel for the petitioner as well as learned counsel for respondents and learned Government Pleader admitted petitioner offered her explanation to the notices. that the 6. Despite service of notice, there is no appearance of 7*'^ and 8‘^ respondent who made complaint against the petitioner herein. Admittedly, the petitioner herein has submitted her for the show cause notices issued by the 4‘^ and respondents. 7. explanation 8. The function of the 4'^ respondent should not be an instrument of oppression, or, needless harassment. Before issuing notices repeatedly, lest it could not be an instrument in the hands of the 4^^ respondent to unleash vendetta to harass any person needlessly. 1 3 9. The Court should be circumspect and judicious in such type of matters. As rightly argued by the learned counsel for the petitioner, the petitioner asked to appear repeatedly for enquiry, which amounts to violation of Article 21 of Constitution of India. 10. Therefore, the present Writ Petition is disposed of directing the respondents herein to examine the explanations offered by the petitioner dated 29.08.2024 and 05.11.2024 and pass appropriate orders and take decision in accordance with law and communicate such decision to the petitioner. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any this Writ Petition, shall stand closed. , in Sd/- N. NAGAMMA ASSISTANT REGISTRY SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary, Panchayatraj & Rural Development Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, West Godavari District. 3. The District Panchayat Officer, Bhimadole Mandal, West Godavari District. 4. The Divisional Panchayat Officer, Bhimadolu Mandal, Eluru District. 5. The Divisional Panchayat Officer, Nuzividu. 6. The Executive Authority cum Panchayat Secretary, Bhimadole Gram Panchayat, West Godavari District. 7. Gogulamudi Ravikumar, S/oSayely, Resident of Arjavarigudem, Bhimadolu Mandal, Eluru District. 8. Jakkula Musalayya, S/o Venkanna, Resident of Peda Bhimadolu Eluru District- 534425. 9. One CC to Sri T. Diwakar Reddy, Advocate [OPUC] Two CCS to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT] Lindampadu 10. 11. One CC to Sri Y.Koteswara Rao, SC for ZPP Panchayat. [OPUC] Two CCs to GP for Revenue, High Court of Andhra MPP & Gram 12. Pradesh. [OUT] 13. Three CD Copies. gi HIGH COURT DATED:21/01/2025 ORDER WP.No.27462 of 2024 X 2 7 JAN 2025 J ^ Current secuon DISPOSING OF THE WRIT PETITION WITHOUT COSTS