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2025 DAILYLAW 4064 (AP)

GORLA OBULESU v. THE STATE OF AP

WP/1438/2025 · 2025-01-22

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010027362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY ,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1438/2025 Between: 1. GORLA OBULESU, S/O CHINNA OBULESU AGED 42 YEARS, OCC FIELD ASSISTANT R/O H NO 1/64 VELPUCHERLA VILLAGE, MUDDANUR MANDAL YSR KADAPA DISTRICT NOW ANNAMAYYA DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPLE SECRETARY , PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, AMARAVATHI ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, YSR KADAPA DISTRICT NOW ANNAMAYYA DISTRICT AT KADAPA. 3. THE PROJECT DIRECTOR, DISTRICT WATER MANAGEMENT AGENCY, YSR KADAPA DISTRICT NOW ANNAMAYYA DISTRICT AT KADAPA. ...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 or writs more particularly in the nature of writ of Mandamus declaring the action of respondent in permanently removing the petitioner from the service as Field Assistant of Velpucherla Grampanchayt Muddanur Mandal YSR Kadapa District vide proceedings Rc SRS,J W.P.No.1438 of 2025 No/HR/Muddanur(M)/FA/201 9 dt 11-10-2019 of the 3rd respondent without considering the explanation offered by the petitioner in proper perspective and considering the case of the petitioner for reinstatement under the guise of pendency of appeal before the 2nd respondent without disposing the same as illegal, arbitrary, highhanded and cannot be justified in the eye of law and consequently set aside the impugned proc Rc No/HR/Muddanur(M)/FA/2019 dt 11-10-2019 of the 3rd respondent and direct the respondents to reinstate the petitioner into service as,Field Assistant Yelpucherla Grampanchayat , Muddanur Mandal, YSR Kadapa District with all consequential benefits without reference to the pendency of appeal pending before the 2nd respondent in the interest of justice and pass IA 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 pleased to direct the respondents to reinstate the petitioners in to service as Field Assistant Velpucherla Grampanchayat , Muddanur Mandal YSR Kadapa District by suspending the operation of Proceedings Rc No/HR/Muddanur(M)/ FA/2019 dt 11-10- 2019 of the 3^^ respondent or in the alternative direct the respondent not fill up the post of Field Assistant till the disposal of the appeal by the 2 respondent 6-11-2019 in interest of justice and pass Counsel for the Petitioner: 1. CH SRINIVAS Counsel for the Respondent(S): 1. CH SRINIVAS Counsel for the Respondent(S): 1. GP FOR SERVICES IV The Court made the following: :ORDER: Impugning the proceedings issued by respondent No.3 vide proceedings Rc.No.HR/Muddanur (M)/FA/2019 dated 11.10.2019, removing the petitioner from service as Field Assistant, the above writ petition is filed. 2. Heard Sri Ch. Srinivas, learned counsel for the petitioner; Sri S. Raju, learned Assistant Government Pleader for Services, for respondent No.1 and SRS,J W.P.No.1438 of 2025 Sri M.S.R. Chandra Murthy, learned standing counsel for respondents 2 and 3. 3. At the hearing learned standing counsel for respondents 2 and 3 would submit that the petitioner filed a regular appeal before the appellate authority and the appeal was dismissed. A copy of the order vide Rc.No.HR/ Muddanur/FA/2019 dated 02.05.2022 was produced. 4. Having suffered an order in appeal, the petitioner, without assailing the same, filed the writ petition challenging the order passed by the primary authority. Therefore, the cause in the writ petition doesn’t survive. 5. Hence, this writ petition is dismissed. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Dated: 22.01.2025 IKN SRS,J W.P.No.1438 of 2025 163 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1438 / 2025 Dated: 22.01.2025 IKN