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2025 DAILYLAW 35378 (AP)

MALLAPU SARADHA v. THE STATE OF AP

WP/29318/2024 · 2025-02-17

Subba Reddy Satti

body2025

Judgment text

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L ' im IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 29318 OF 2024 Between: Mallapu Saradha, W/o. Kotaiah, Aged about 38 years, Occ; Field Assistant, R/o.Meejuru Gram Panchayat, Doravarisatram Mandal Tirupati District, Andhra Pradesh-524123. ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary Department of Panchayat Raj and Rural Development, Secretariat Velagapudi, Amaravathi, Andhra Pradesh. 2. The District Collector and District Program Coordinator of MGNREGS Tirupati, Tirupati District, Andhra Pradesh. 3. The Project Director (P.D) cum Additional District Programme Coordinator, Water Management Agency, Tirupati, Tirupati District Andhra Pradesh. 4. The Project Manager, IKP, District Collectorate, Tirupati, Tirupati District, Andhra Pradesh. 5. The Mandal Parishad Development Officer, (MPDO), MGNREGS, Mandal Praja Parishad, Doravarisatram, Tirupati District, Andhra ’ Pradesh. 6. The Meejuru Gram Panchayat, rep by its Panchayat Secretary, Meejuru Village, Doravarisatram Mandal, Tirupati District, Andhra Pradesh. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ Order or direction particularly, one in the nature of writ of Mandamus, declaring the action of the respondent no.2 in keeping the petitioner out of the employment vide the impugned orders issued in Procgs.No.K1/543/2024, dated 30.09.2024 on certain allegations may that the petitioner is claiming bogus payments without conducting any enquiry or issuing notice or affording an opportunity of hearing as illegal arbitrary, discriminatory, and in violation of his fundamental rights under Articles 14, 16, and 21 of the Constitution of India and consequently set aside the impugned proceedings issued by the respondent no.2 issued in Procgs.No.K1/543/2024, dated 30.09.2024 duly reinstating the petitioner into service as Field Assistant at Meejuru Gram Panchayat, Doravarisatram Mandal. 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 suspend the operation of the impugned orders issued by the respondent No.2 in Procgs.No.K1/543/2024, dated 30.09.2024 duly directing the respondent authority to reinstate the petitioner as Field Assistant at Meejuru Gram Panchayat, Doravarisatram Mandal pending a formal inquiry and compliance with due process pending disposal of the above writ petition. Counsel for the Petitioner: SRI M V S AJAY KUMAR Counsel for the Respondent No.1: GP FOR SERVICES - I Counsel for the Respondents 2 to 4: SRI M.S.R. CHANDRA MURTHY SC for MGNREGS Counsel for the Respondents 5 & 6: SMT B.V. APARNA LAKSHMI, SC for MPDO The Court made the following order: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) APHC010560752024 [3331] MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 29318/2024 Between: 1 MALLAPU SARADHA, W/0. KOTAIAH, AGED ABOUT 38 YEARS, ASSISTANT, R/O.MEEJURU GRAM PANCHAYAT, DISTRICT, ANDHRA OCC FIELD DORAVARISATRAM MANDAL, TIRUPATI PRADESH-524123 ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. DISTRICT PROGRAM 2.THE DISTRICT COLLECTOR AND COORDINATOR OF MGNREGS, TIRUPATI, TIRUPATI DISTRICT, ANDHRA PRADESH. 3.THE PROJECT DIRECTOR P D CUM ADDITIONAL DISTRICT PROGRAMME COORDINATOR, WATER MANAGEMENT AGENCY, TIRUPATI, TIRUPATI DISTRICT, ANDHRA PRADESH. IKP, DISTRICT COLLECTORATE, 4.THE PROJECT MANAGER, TIRUPATI, TIRUPATI DISTRICT, ANDHRA PRADESH. 5.THE MANDAL PARISHAD DEVELOPMENT OFFICER, (MPDO), MANDAL PRAJA PARISHAD, DORAVARISATRAM, MGNREGS, TIRUPATI DISTRICT, ANDHRA PRADESH. 6.THE MEEJURU GRAM PANCHAYAT, REP BY ITS PANCHAYAT SECRETARY, MEEJURU VILLAGE, DORAVARISATRAM MANDAL, f SRS W.P.No,29318 of 202 TIRUPATI DISTRICT. ANDHRA PRADESH ...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 a Writ Order or direction particularly, one in the nature of writ of Mandamus, declaring the action of the respondent no.2 in keeping the petitioner out of the employment vide the impugned orders issued in Procgs.No.K1/543/2024, dated 30.09.2024 on certain allegations that the petitioner is claiming bogus payments without conducting any enquiry or issuing notice or affording an opportunity of hearing as illegal arbitrary, discriminatory, and in violation of his fundamental rights under Articles 14, 16, and 21 of the Constitution of India and consequently set aside the impugned proceedings issued by the respondent Procgs.No.K1/543/2024, dated 30.09.2024 duly reinstating the petitioner into service as Field Assistant at Meejuru Gram Panchayat, Doravarisatram Mandal and to pass lA NO: 1 OF 2024 no.2 issued in 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 suspend the operation of the impugned orders issued by the respondent No.2 in Procgs.No.K1/543/2024, dated 30.09.2024 duly directing the respondent authority to reinstate the petitioner as Field Assistant at Meejuru Gram Panchayat, Doravarisatram Mandal pending a formal inquiry and compliance with due process pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1.M VS AJAY KUMAR Counsel for the Respondent(S): 1.GPFOR SERVICES IV 2.GP FOR SERVICES I i. 3.B VAPARNA LAKSHMI > % SRS,J W.P.No.29318 of 2024 The Court made the following: :: ORDER :: The above writ petition is filed impugning the proceedings issued by respondent No.3 vide No.K1/543/2024, dated 30.09.2024 (Ex.P1), as illegal and arbitrary. Heard Sri P. Keerthi, learned counsel representing Sri M.V.S. Ajaye, learned counsel for the petitioner and Sri S. Raju, learned Assistant Government Pleader for Services - I appeared for respondent No.1 and Sri M.S.R. Chandra Murthy, learned Standing Counsel appeared for respondents 2 to 4 and Smt. B.V. Aparna Lakshmi, learned Standing Counsel appeared for respondents 5 & 6. 2. Initially, the writ petition was listed on 12.12.2024, however, the same was adjourned for want of representation. Even when the matter was listed on 29.01.2025, there was no representation on behalf of the petitioner. 3. Today, when the matter is listed, Sri M.S.R. Chandra Murthy, learned Standing Counsel submitted the proceedings issued by respondent No.3 vide No.KI/543/2024, dated 04.02.2025, whereby the petitioner was reinstated into service as Field Assistant at GP.Meejuru, Doravarisatram Mandal. The copy of said proceedings was handed over to the learned counsel for the petitioner who, inturn, endorsed the same. 4. Given the developments, pending the writ petition, no further adjudication is required in the writ petition and the Writ Petition is closed. No order as to costs. 5. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- M SRiNiVAS ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. One CC to Sri M V S Ajay Kumar, Advocate [OPUC] 2. One CC to Sri M S.R. Chandra Murthy, SC for MGNREGS [OPUC] 3. One CC to Smt B.V. Aparna Lakshmi, SC for MPDO [OPUC] 4. Two CCs to GP for Services - IV, High Court of Andhra Pradesh. [OUT] 5. Two CD Copies RAM HIGH COURT DATED:17/02/2025 ^ 12 MAR 2025 S ft ^ ^ . Current Section . 'y ORDER WP.No.29318 of 2024 CLOSING THE WP WITHOUT COSTS