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2025 DAILYLAW 46364 (AP)

U RAVI KUMAR v. THE STATE OF ANDHRA PRADESH

WP/11433/2025 · 2025-05-04

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARA (Special Original Jurisdiction) MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 11433 OF 2025 Between: U RAVI KUMAR, S/o Late Prakash Rao Age. 52 Years, H.No. 8-43, Main Road Kosamala village, Vasundara Post Meliaputti Mandal Srikakulam District ...PETITIONER AND 1. The State of Andhra Prade^h-^^^Rep. by its principle Secretary Panchayat Raj and Rural beveilopment Velagapudi, Amaravati, Guntur istrict 2. The Divisional Panchayat Officer, Tekkali, Tekkali Division, Srikakulam District , , 3. The District Panchayat Officer, Srikakulam, Srikakulam District 4. The District Collector, Srikakulam, Srikakulam District 5. The Mandal Parishad Development Officer, Mandal Praja Parishad, Meliaputti, Srikakulam District r\; LJ ...RESPONDENTS praying that Petition under Article 22B"ofi the Constitution of India in the circumstances stated in thp affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction, more particularly one in the nature M of Mandamus declaring Proceedings Rc.No.3850/2024/P3, dt.22.03.2025 issued by the 3rd Respondent there by stalling' Petitioner's cheque drawing power in execution of his duties the as SalrjDanch, Gram Panchayath, Kosamala Village, Meliaputti Mandal, Srikakuiam District as illegal, arbitrary and voilative of Article 14,16 and 21 of the Constitution of India and set aside the same. 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::operation of Proceedings dt.22.03.2025 Rc.No.3850/2024 P3, issued by the 3 Justice, and pass Counsel for the Petitioner: Counsel for the Respondents: GP FOR PANCHAYAT RAJ RURAL Sri Y KOTESWARA RAO THE COURT MADE THE FOLLOWING ORDER: rd Respondent in the interest of Sri. KALAMATA RAGHU BABU DEV APHC010215062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 11433/2025 Between: 1. U RAVI KUMAR, S/0 LATE PRAKASH RAO AGE. 52 YEARS, H.NO. 8- 43, MAIN ROAD KOSAMALA VILLAGE, VASUNDARA POST MELIAPUTTI MANDAL SRIKAKULAM DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2.THE DIVISIONAL PANCHAYAT OFFICER, TEKKALI, TEKKALI DIVISION, SRIKAKULAM DISTRICT 3.THE DISTRICT PANCHAYAT OFFICER, SRIKAKULAM, SRIKAKULAM DISTRICT 4.THE DISTRICT COLLECTOR, SRIKAKULAM, SRIKAKULAM DISTRICT 5.THE MANDAL PARISHAD DEVELOPMENT OFFICER, MANDAL PRAJA PARISHAD, MELIAPUTTI, SRIKAKULAM DISTRICT ...RESPONDENT(S): counsel for the Petitioner: 1 • kalamata raghu babu Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following; ORAL ORDER: Heard Sri Ragu Babu Kalamata, learned Counsel for the Writ Petitioner, Sri V. Sai Kiran, learned Counsel appearing on behalf of Sri Y. Koteswara Rao, learned Standing Counsel for Gram Panchayat and Sri Panku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj & Development. 2. The present Writ Petition is filed challenging the Order dated 22.03.2025 (Ex.P.4) passed by the District Panchayat Officer, Srikakulam District. Rural 3. Learned Counsel for the Writ Petitioner has drawn the attention of this Court to the Statutory Appeal filed by the Writ Petitioner before the District Collector (Appellate Authority) on 01.04.2025 (Ex.P.6). 4. Sri Panku Rajesh Kumar, learned Assistant Government Pleader has submitted the Written Instructions furnished by the District Panchayat Officer, Srikakulam District, dated 04.05.2025. Copy of it is supplied to the Counsel for the Writ Petitioner and the same is taken on record. 5. The said Written Instructions would indicate that the Appeal is posted for hearing before the District Collector (Appellate Authority) on 05.05.2025 i.e. today. The facts on record would indicate that the Order which is impugned in the present Writ Petition has already been challenged by the Writ Petitioner by way of a Statutory Appeal before the District Collector and that the matter is posted for hearing today. 6. Having regard to these facts, since the Writ Petitioner has already availed the alternative remedy which is a Statutory Appeal, this Court is not inclined to entertain the present Writ Petition. However, there shall be a 3 direction to the District Collector, Srikakulam to dispose of the pending Appeal within a period of ten (10) weeks from today by passing a Speaking Order in accordance with law and communicate a copy of such Order to the Writ Petitioner forthwith. Needless to state that the District Collector (Appellate Authority) is statutorily obligated to adhere to the Principles of Natural Justice by providing an opportunity of hearing to the Writ Petitioner and also by putting the Petitioner on advance Notice as regards every hearing. 7. With these observations and directions, this Writ Petition stands disposed of. No order as to costs 8. interlocutory Applications, if any, stand closed in terms of this order. Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR 9. //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Buildings District.(SPECIAL MESSENGER) 2. The Divisidnai Panchayat Officer Srikakulam District Velagapudi, Guntur Tekkali, Tekkali Division, 3. The District Panchayat Officer, Srikakulam, Srikakulam District 4. The District Collector, Srikakulam, Srikakulam District 5. The Mandal Parishad Development Officer, Mandal Praia Parishad Meliaputti, Srikakulam District.(Nos. 2 to 5 by RPAD) ^K^ne CC to SRI. KALAMATA RAGHU BABU Advocate [OPUC] for Panchayat raj rural dev,High court Of Andhra Pradesh. [Out] 8. One CC to SRI. K KOTESWARA RAO, Standing Counsel [OPUC] 9. Three CD Copies Psk (gsg) HIGH COURT \ \ DATED:05/05/2025 of ANDW^;^ f 03DCT 2025 ^ . Current Section m ORDER WP.No.11433 of 2025 -/O I 03 /Pn V. :r^ i"«=: Cf / ^ Curren: seciion ^ ii^SPATCVA^-^ •■c DISPOSING THE WRIT PETITION WITH NO COSTS