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2025 DAILYLAW 3676 (AP)

Gompa Kiran Kumar, v. THE STATE OF AP

WP/1705/2025 · 2025-01-24

Subba Reddy Satti

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE i PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1705 OF 2025 Between: Gompa Kiran Kumar, S/o. Satyanarayana Raju, Aged about 40 years. Village Surveyor, Gannavaram and Y.B.Patnam Secretariat, Nathavaram Mandal, R/o. Kakarapadu village, Kotanandur Mandal, Anakapalli District. ...PETITIONER AND The State of AP, rep by its PrI. Secretary, Revenue, (Survey and Land Records), Secretariat Buildings, Velagapudi, Amaravathi. The Commissioner of Survey and Land Records, 7*^ lane. Currency Nagar, Vijayawada, Krishna Dist., The Regional Deputy Director, Survey and Land records, Kakinada, East Godavari Dist., The District Collector, Anakapalli District. The Assistant Director District Survey and Land records, Visakhapatnam. The Mandal Parishad Development Officer, Ankapallli District. The Tahsildar, Nathavaram Mandal, Anakapalli Dist., The Panchayat Secretary, Gannavaram Secretariat, Nathavaram Mandal, Anakapalli District. 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 issued a Writ, Order or Direction more particularly one in the nature of Mandamus to declare the action of the 5*^ respondent, suspending the petitioner under Rule 8 rub-rule (1) (c) as village Surveyor of Gannavaram Secretariat, Nathvaram Mandal, Anakapalli District w.e.f 22-5-2024 vide his proceedings Rc.No. A4/114/2024 dt. 3-6-2024 is illegal, arbitrary under article 14 and 21 of the Constitution of India and contrary to A.P.Civil Services (CCA) Rules, 1991 and against to the guidelines issued in G.O.Ms.No. 22 dt. 29-2-2024. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the impugned Rc.No. A4/114/2024 dt. 3-6-2024 issued by the 5*^ respondent with a direction to reinstate the petitioner into service as village Surveyor of Gannavaram Secretariat, Nathvaram Mandal, Anakapalli District pending disposal of the above Writ Petition. Counsel for the Petitioner ; SRI P. AMARENDRA KUAMR FOR SRI CH. MURALI KRISHNA Counsel for the Respondent Nos.1 to 5 & 7 : GP FOR SERVICES I Counsel for the Respondent Nos.6 & 8 :SRI G. VENKATA REDDY, SC FOR GRAM PANCHAYAT The Court at the stage of admission made the following: ORDER APHC010019852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) •*->c?y.v\\y' 'w/i i .I"-: [3331] FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1705/2025 Between: 1.GOMPA KIRAN KUMAR,, S/0 SATYANARAYANA RAJU AGED ABOUT 40 YEARS, VILLAGE SURVEYOR, GANNAVARAM AND Y.B.PATNAM SECRETARIAT, KAKARAPADU VILLAGE, KOTANANDUR MANDAL, ANAKAPALLI DISTRICT. NATHAVARAM MANDAL, R/0 ...PETITIONER AND 1.THE STATE OF AP, REP BY ITS PRI. SECRETARY, REVENUE, (SURVEY AND LAND RECORDS), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2.THE COMMISSIONER OF SURVEY AND LAND RECORDS, 7TH LANE. CURRENCY NAGAR, VIJAYAWADA, KRISHNA DIST., 3.THE REGIONAL DEPUTY DIRECTOR, SURVEY AND LAND RECORDS, KAKINADA, EAST GODAVARIDIST., 4.THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT. 5.JHE ASSISTANT DIRECTOR DISTRICT SURVEY AND LAND Records, visakhapatnam. / 2 6.THE MANDAL PARISHAD DEVELOPMENT OFFICER. ANKAPALLLI DISTRICT. 7.THE TAHSILDAR, NATHAVARAM MANDAL, ANAKAPALLI DIST., 8.THE PANCHAYAT SECRETARY, GANNAVARAM SECRETARIAT, NATHAVARAMMANDAL, ANAKAPALLI 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 a Writ, Order or Direction more particularly one in the nature of Mandamus to declare the action of the 5th respondent, suspending the petitioner under Rule 8 rub-rule (1) (c) as village Surveyor of Gannavaram Secretariat, Nathvaram Mandal, Anakapalli District w.e.f 22-5-2024 vide his proceedings Rc.No. A4/114/2024 dt. 3-6-2024 is illegal, arbitrary under article 14 and 21 of the Constitution of India and contrary to A.P.Civil Services (CCA) Rules, 1991 and against to the guidelines issued in G.O.Ms.No. 22 dt. 29-2-22024 and pass lA 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 suspend the impugned Rc.No. A4/114/2024 dt. 3-6-2024 issued by the 5'^'^ respondent with a direction to reinstate the petitioner into service as village Surveyor of Gannavaram Secretariat, Nathvaram Mandal, Anakapalli District pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1.CH MURALI KRISHNA Counsel for the Respondent(S): 1.GP FCR SERVICES I 3 The Court made the following ORDER: Heard Sri P.Amarendra Kumar, learned counsel representing Sri Ch.Murali Krishna, learned counsel for the petitioner, Sri S.Raju, learned Assistant Government Pleader for the respondents 1 to 5 & 7 and Sri G.Srinivasa Reddy, learned standing counsel for the respondents 6 & 8. The above writ petition is filed, impugning the proceedings vide Rc.No.A4/114/2024, date 03.06.2024, suspending the petitioner from service pending inquiry as illegal and arbitrary. 2. At the hearing, learned counsel for the petitioner has confined his arguments and urges to direct the respondent authorities to review the suspension order of the petitioner as per G.O.Ms.No.22 General Administration (Ser.C) Department, dated 29.02.2024. 3. Learned Assistant Government Pleader for Services would submit that the respondent authorities will review the impugned suspension in terms of G.O.Ms.No. 22 dated 29-2-2024 and pass appropriate orders. 4. The Government issued G.O.Ms.No.22 General Administration (Ser.C) Department, dated 29.02.2024 to review the orders of suspension against a government servant. Clause (5) of the said G.O mandates that the order of suspension against a Government servant both in ACB and Departmental Inquiries needs to be reviewed at the end of every four (4) months. 5. 6. In the case at hand, the learned Assistant Government Pleader on instructions would fairly submit that the suspension order against the petitioner has not been reviewed. Given the facts and circumstances of the case, the Writ Petition is disposed of at the admission stage, with the consent of learned counsel on 7. / 4 % either side directing the respondent to review the suspension of the petitioner, strictly in terms of G.O.Ms.No.22 dated 29.02.2024. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. SD/- K. TATA RAO DEPUTY REGISTRAR |: //TRUE COPY// S ION OFFICER To, 1. The Principal Secretary, Revenue, (Survey and Land Records), State of AP, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner of Survey and Land Records, 7th lane. Currency Nagar, Vijayawada, Krishna Dist., 3. The Regional Deputy Director, Survey and Land records, Kakinada, East GodavariDist., 4. The District Collector, Anakapalli District. 5. The Assistant Director District Survey and Land records, Visakhapatnam. 6. The Mandal Parishad Development Officer, Ankapallli District. 7. The Tahsildar, Nathavaram Mandal, Anakapalli Dist., 8. The Panchayat Secretary, Gannavaram Secretariat, Nathavaram Mandal, Anakapalli District. 9. One CC to Sri Ch. Murali Krishna, Advocate [OPUC] lO.Two CCs to GP for Services I, High Court of Andhra Pradesh. [OUT] 11.One CC to Sri G. Srinivasulu Reddy, SC for Gram Panchayat (OPUC) 12. Three C.D. Copies. Cnr I I HIGH COURT DATED:24/01/2025 ORDER WP.No.1705 of 2025 of ano/v^^ ^ 11| FFil ?075 CO y Currem aMlion V^fSPATCX^^ DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS