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High Court of Andhra Pradesh · body

2025 DAILYLAW 36550 (AP)

NALLAPU REDDY VENKATA RAMANA REDDY v. THE STATE OF AP

WP/31292/2024 · 2025-01-02

Tarlada Rajasekhar Rao

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

" *1 IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 31292 OF 9n9d Between: Nallapu Reddy Venkata Ramana Reddy, S/o. Ramaswami, Aged about 50 years, Occ: Vice President of Kurabalakota Mandal Praja Parishad, Kurabalakota Mandal, Annamayya District, ...Petitioner AND 1. The State of Andhra Pradesh, Rep., by its Principal Secretary, Panchayath Raj Department, Secretariat Buildings, Velagapudi Amaravathi, Guntur District. 2. The District Collector, Annamayya District, Rayachoty. 3. The Superintendent of Police, Annamayya District, Rayachoty. 4. The Mandal Parishad Development Officer, Mandal Parishad, Kurabalakota Mandal, Annamayya District. ...Respondents Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more praying that in particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents No.2 to 4 in ensuring smooth conduct of the Mandal Parishad Meeting by taking adequate measures, having postponed the same, stating that, no one attended for the meeting, as arbitrary, illegal, abdication of the statutory duty cast on him under the provisions of the A.P. Panchayath Raj Act, 1994, and well established legal principles apart from being violative of the fundamental rights guaranteed to petitioner under the Constitution of India and consequently direct the respondents No.2 to 4 to provide tight security to the General Body meetings of Kurabalakota Mandal Parishad as and when they are scheduled to be held by providing tight security. 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 the respondents No.2 to 4 to conduct the Kurabalakota Mandal Parishad General Body Meetings by strictly complying with the provisions of the Section 167 of the A.P.Panchayath Raj Act, 1994 and the procedure envisaged under the Rules for the Conduct of Business at a Meeting of Mandal Parishad, Zilla Parishad or a Standing Committee of the Zilla Parishad and also by providing tight security as and when they are scheduled to be held by preventing any third party to enter into the meeting Hall, pending disposal of the above Writ Petition. Counsel for the Petitioner: M/s. S PARINEETA Counsel for the Respondent Nos. 1&2: GP FOR REVENUE Counsel for the Respondent No.3: GP FOR HOME Counsel for the Respondent No.4: SRI M SUDHEER SC FOR ZPP, MPP AND GP The Court made the following order: (*■ APHC010599802024 IN THE HIGH COURT OF ANDHRA PRADESH [3330] AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THESECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 31292/2024 Between: ...PETITIONER Nallapu Reddy Venkata Ramana Reddy AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.S PARINEETA Counsel for the Respondent(S): 1.GP FOR REVENUE 2 The Court made the following order:- This Writ Petition is filed under Article 226 of Constitution of India for the following relief/s;- “...to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents No.2 to 4 in ensuring smooth conduct of the Mandal Parishad Meeting by taking adequate measures, having postponed the same, stating that, no one attended for the meeting, as arbitrary, illegal, abdication of the statutory duty cast on him under the provisions of the A.P.Panchayath Raj Act, 1994, and well established legal principles apart from being violative of the fundamental rights guaranteed to petitioner under the Constitution of India and consequently direct the respondents No.2 to 4 to provide tight security to the General Body meetings of Kurabalakota Mandal Parishad as and when they are scheduled to be held by providing tight security and pass such other order or orders...” 2. Heard learned counsel for the petitioner and learned counsel for the respondents. 3. The learned counsel for petitioner submits that the subject matter of this writ petition is squarely covered by the orders dated 17.12.2024 and 12.12.2024 passed by this Court in W.P.Nos.29586 of 2024 and 29340 of 2024. 4. Learned counsel for the respondents does not refute the said submission. 3 A In view of the same, for the reasons alike in the aforesaid order, this Court is inclined to dispose of the writ petition in terms of order passed in W.P.No.29340 of 2024, dated 12.12.2024. Accordingly, the Writ Petition is disposed of in terms of order passed in W.P.No.29340 of 2024, dated 12.12.2024. There shall be no order as to costs. 5. 6. directed to attach a copy of the order dated 12.12.2024 passed in W.P.No.29340 of 2024 to this order, miscellaneous Petitions pending, if any, Registry is 7. As a sequel thereto Sd/.P.U.V.BHASKARA RAO ASSISTAN^^GISTRAR SECll^OFFICER shall stand closed. //TRUE COPY// / To, Principal Secretary, Panchayath Raj Department, State of Andhra Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 1. The Pradesh, 2. The District Collector, Annamayya District, Rayachoty. 3. The Superintendent of Police, Annamayya District, Rayachoty Mandal Parishad Development Officer, Mandal Parishad 4. The Kurabalakota Mandal, Annamayya District. 5. One CC to M/s. S Parineeta Advocate [OPUC] Sri M Sudheer, SC for ZPP, MPP and GP [OPUC] GP For Revenue, High Court Of Andhra Pradesh. [OUT] GP For Home, High Court Of Andhra Pradesh. [OUT] 6. One CC to 7. Two CCs to 8. Two CCs to 9. Three CD Copies GSC HIGH COURT DATED:02/01/2025 ORDER WP.No.31292 of 2024 OF AND^ 1 ,5 0 7 JAN 2025 Co , Current Section DISPOSING OF THE WP WITHOUT COSTS APHC010562032024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY, THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 29340/2024 Between; G Mohammad ...PETITIONER AND ...RESPONDENT(S) The State Of AP and Others Counsel for the Petitioner: 1.S PARINEETA Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR HOME 3.GP FOR REVENUE The Court made the following Order: Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Panchayat Raj and the learned Standing Counsel for the 4^'' respondent. The learned counsel for the petitioner corrected the 1®* respondent’s description as the Panchayat Raj Department, as it was mistakenly typed as 2. the Revenue Department. 2 3. This writ petition is filed questioning the action on the part of the respondent No.4 in conducting the Pedda Tippa Samudram Mandal Parishad Meeting without any approval or direction and also without giving any notice intimating the members and the permanent invitees, the place and date and time of the meeting. 4. The learned counsel for the petitioner submits that the petitioner duly instructed the 4*'" respondent initially to hold the General Body Meeting of the Mandal Parishad, Pedda Tippa Samudram Mandal represented by the petitioner as President. While so, the 4"^ respondent issued Circular dated 02.08.2024 informing to all the concerned the date of meeting as 07.08.2024 Wednesday at 11:00 am in the Office of the Mandal Parishad. But the could not be held due to the Law and Order issues and as such the 4*^ respondent issued the notice dated 07.08.2024 informing that the said meeting is adjourned on the instructions of the and 3'"^ respondents. The learned counsel for the petitioner further submits that, without any further intimation to the petitioner and instructions of the petitioner, the 4^^ respondent appears to have proceeded with the meeting without informing all the concerned which is against to the provisions of Panchayat Raj Act and the Rules made thereunder. When the petitioner being the President of the Mandal Parishad is ready to exercise the powers under the provisions of law, the 4^*^ respondent violating the same attempted to proceed with the meeting. Hence, the petitioner gave a representation to the 4*'' respondent dated 21.09.2024. On 09.08.2024 also the petitioner brought to the notice of the same 3 C.E.O., Zilla Parishad, Chittoor marking a copy of the same to the respondent No.2 & 3. But the same were not acted upon. 5. On the other hand, the learned Assistant Government Pleader and the learned Standing Counsel appearing for the respondents submit that, if the petitioner makes fresh representation to the respondent Nos.2 to 4, the same will be considered by following the due procedure. In view of the above said facts and circumstances, the petitioner is permitted to make representation afresh to the respondent Nos.2 to 4 enclosing all the necessary documents in support of his claim for the purpose of holding the meeting of Mandal Parishad of Pedda Tippa Samudram Mandal following the provisions of the law within a period of one (1) week from the date of receipt of this order. On receipt of the same, the respondent Nos.2 to 4/ authorities concerned shall act upon the said representation of the petitioner strictly in accordance with law in order to hold further meeting of Mandal Parishad in a congenial atmosphere without any Law and Order 6. issues. 7. Accordingly, this writ petition is disposed of. There shall be no order as to costs. As a sequel. Miscellaneous Petitions pending, if any, shall stand closed. JUSTICE B KRISHNA MOHAN 12.12.2024 NNN