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2025 DAILYLAW 34521 (AP)

MAHAMMAD FATIMA v. THE STATE OF AP

WP/28006/2024 · 2025-01-03

Subba Reddy Satti

body2025

Judgment text

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In THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 28006 OF 2024 Between: Mahammad Fathima, W/o. Mahaboob Basha, Aged 42 Years, Woman and Weaker Sections Protection Secretary R/o. D.No.27-054-128/2, Gopalnagar, Extn, 3rd lane, Ongole, Prakasam District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Grama Volunteer/ Ward Volunteers and Village Secretriates/ Ward Secretreaties, AP Secretariat, Velagapudi, Amaravathi, Guntur District 2. The Director, Grama Voluntrees/Ward Voluntrees and Village Secretariats/ Ward Secretariats, Vijayawada, Andhra Pradesh. 3. The Collector and District Magistrate Prakasam District, Ongole 4. The Superintendent of Police, Prakasam District, Ongole 5. Ongole Municipal Corporation Rep. by its Commissioner, Ongole, Prakasam 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 Mandamus, declaring the action Respondents, for not taking any decision on my representation dt. 12-11-2024 is illegal, arbitrary and violation of principles of natural justice, and violation of Articles 14 and 21 of constitution of India consequently direct the respondents to consider my representation dt. 12-11-2024 and transfer to any Sachivalayam in Ongole town, since the petitioner under went IVF treatment, and pass lA NO: 1 OF 2024 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 respondents to transfer the petitioner to any Sachivalayam in Ongole town, for IVF treatment, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: SRI. Alapati Vivekananda Counsel for the Respondents: GP FOR SERVICES I The Court made the following ORDER: APHC010533922024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 28006/2024 Between: Mahammad Fatima ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: I.AIapati Vivekananda Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: ORDER Petitioner, Mahila Police and Women & Child Welfare Assistant/Ward Woman & Weaker Sections Protection Secretary, filed the above writ petition, complaining the inaction of respondent in considering the representation dated 12.11.2024, as illegal and arbitrary. 2. Heard Sri Alapati Vivekananda, learned counsel for petitioner and Sri R.S.Manidhar Pingali, learned Assistant Government Pleader for Services for Respondents. IS Mahila Police v/de 3. The petitioner was appointed as Rc.No.A9/5050/2019/DSC-2019 dated 11.10.2019 and posted at Ongole on respondent by proceedings vide D.No.1417/2024 th 29.10.2019. The 4 C.NO.5010/A9/2024 dated 21.09.2024 (Ex.P1) transferred and posted the petitioner to Thimmanapalem of Korisapadu Mandal. The petitioner made representation dated 12.11.2024 (Ex.P2) to transfer her to any place in Ongole Municipal Corporation in view of medical treatment (IVF). Learned Assistant Government Pleader for Services would submit that in view of ban on transfers, unless the ban is relaxed, it is not permissible to consider the case of petitioner. 4. No doubt, as submitted by learned Assistant Government Pleader for Services that in view of ban on transfers, the petitioner’s request may not be considered. However, considering the representation of petitioner (Ex.P2) and the treatment undergoing by the petitioner and since the petitioner is pregnant, the learned 4'^ respondent shall consider the representation of the petitioner positively on medical grounds and pass appropriate orders within a period of three weeks from the date of this order. 5. With the above directions, the Writ Petition is disposed of at the admission stage. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- A. VENUGOPALA RAO ASSISTANT REGISTRAR 6. //TRUE COPY// ' SECTION OFFICER To, 1. The Principal Secretary, Department of Grama Volunteer/Ward Volunteers and Village Secretariates/ Ward Secretariates, The State of Andhra Pradesh, AP Secretariat, Velagapudi, Amaravathi, Guntur District 2. The Director, Grama VoluntreesA/Vard Voluntrees and Village Secretariats/ Ward Secretariats, Vijayawada, Andhra Pradesh. % 3. The Collector and District Magistrate, Prakasam District, Ongole 4. The Superintedent of Police, Prakasam District, Ongole 5. Ongole Municipal Corporation, Rep. by its Commissioner, Ongole. Prakasam District 6. One CC to Sri. Alapati Vivekananda, Advocate [OPUC] 7. Two CCs to GP for Services I, High Court Of Andhra Pradesh. [OUT] 8. Three CD Copies JSS WP-SS I HIGH COURT DATED:03/01/2025 \ ORDER WP.No.28006 of 2024 * 2 8 FEB 2025 O e»i ^ . Current Section . disposing of the w.p. without costs.