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2025 DAILYLAW 56759 (AP)

VALLABHANENI KOTESWARA RAO v. THE STATE OF AP

WP/16777/2020 · 2025-10-28

Ravi Cheemalapati

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010254942020 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. VALLABHANENI KOTESWARA RAO, W/O SATYANARAYANA, AGE. 39, DISABLED PERSON ID.NO.10614336 R/O CHANDARLAPADU VILLAGE AND MANDAL, KRISHNA DISTRICT 1. THE STATE OF AP, SECRETARY RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPT, A.P.SECRETARIAT, VELAGAPUDI, THULLUR MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH STATE. 2. SOCIETY FOR ELIMINATION OF RURAL POVERTY SERP, REPRESENTED BY ITS CEO, 2ND FLOOR, BLOCK PANDI NEHRU BUS STATION, VIJAYAWADA, KRISHNA DISTRICT, AP 3. THE DISTRICT COLLECTOR, KRISHNA DISTRICT AT MACHILIPATNAM 4. THE PROJECT DIRECTOR, DISTRICT RURAL DEVELOPMENT AGENCY (DRDA), KRISHNA DISTRICT AT MACHILIPATNAM 5. THE JOINT COLLECTOR, V.W.S.DEVELOPMENT, VIJAYAWADA, KRISHNA DISTRICT. 6. THE MANDAL PARISHAT DEVELOPMENT OFFICER, (MPDO), CHANDARLAPADU VILLAGE AND MANDAL, KRISHNA DISTRICT IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 16777/2020 VALLABHANENI KOTESWARA RAO, W/O SATYANARAYANA, AGE. 39, DISABLED PERSON ID.NO.10614336 R/O CHANDARLAPADU VILLAGE AND MANDAL, KRISHNA DISTRICT ...PETITIONER AND THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPT, A.P.SECRETARIAT, VELAGAPUDI, THULLUR MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH STATE. SOCIETY FOR ELIMINATION OF RURAL POVERTY SERP, REPRESENTED BY ITS CEO, 2ND FLOOR, NTR ADMINISTRATIVE BLOCK PANDI NEHRU BUS STATION, VIJAYAWADA, KRISHNA THE DISTRICT COLLECTOR, KRISHNA DISTRICT AT THE PROJECT DIRECTOR, DISTRICT RURAL DEVELOPMENT AGENCY (DRDA), KRISHNA DISTRICT AT MACHILIPATNAM THE JOINT COLLECTOR, V.W.S.DEVELOPMENT, VIJAYAWADA, KRISHNA DISTRICT. THE MANDAL PARISHAT DEVELOPMENT OFFICER, (MPDO), CHANDARLAPADU VILLAGE AND MANDAL, KRISHNA DISTRICT ...RESPONDENT(S): IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) [3332] WEDNESDAY, THE TWENTY NINETH DAY OF OCTOBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI VALLABHANENI KOTESWARA RAO, W/O SATYANARAYANA, AGE. 39, DISABLED PERSON ID.NO.10614336 R/O CHANDARLAPADU ...PETITIONER REPRESENTED BY ITS PRINCIPAL SECRETARY RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPT, A.P.SECRETARIAT, VELAGAPUDI, THULLUR MANDAL, GUNTUR SOCIETY FOR ELIMINATION OF RURAL POVERTY SERP, NTR ADMINISTRATIVE BLOCK PANDI NEHRU BUS STATION, VIJAYAWADA, KRISHNA THE DISTRICT COLLECTOR, KRISHNA DISTRICT AT THE PROJECT DIRECTOR, DISTRICT RURAL DEVELOPMENT AGENCY (DRDA), KRISHNA DISTRICT AT MACHILIPATNAM THE JOINT COLLECTOR, V.W.S.DEVELOPMENT, VIJAYAWADA, THE MANDAL PARISHAT DEVELOPMENT OFFICER, (MPDO), CHANDARLAPADU VILLAGE AND MANDAL, KRISHNA DISTRICT ...RESPONDENT(S): 2 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 declare the action of the respondents in not paying the social security monthly pension i.e., disabled pension under YSR Pension Kanuka/Navaratnalu from the month of July 2020 onwards without any legal reason and due to political considerations in spite of my representation dated 03-09-2020 in this regard as arbitrary, illegal, discriminatory and without Jurisdiction and violative of Article 14, 19 and 21 of the constitution of India and consequently direct the respondents to pay disabled pension to the petitioner by acting on the representation dt.03-09-2020 of the petitioner and to pass IA NO: 1 OF 2020 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 to pay the social security disabled pension to the petitioner from the month of July 2020 onwards forthwith under YSR pension Kanuka scheme pending disposal of the above writ petition and pass IA 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 grant leave to the petitioner herein /respondent No.6 in WP.No. 16777 of 2020 to file counter affidavit in the above writ petition and pass Counsel for the Petitioner: 1. P PRABHAKAR RAO Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 4. HARI BABU MAGULURI SC For SERP 3 The Court made the following order: Aggrieved by the action of the respondents in not paying the social security monthly pension i.e., disabled pension under YSR Pension Kanuka/Navaratnalu from the month of July 2020 onwards without any legal reason, despite the representation of the petitioner dated 03.09.2020, the present Writ Petition is filed. 2. Heard Sri P.Prabhakara Rao, learned counsel for the petitioner, Ms Chandrika, learned Assistant Government Pleader for Panchayat Raj Department appearing for respondent Nos.1 & 4, Sri Haribabu Moguluri, learned standing counsel for SERP appearing for respondent No.2, Sri Ch.Venkata Satyanarayana, learned Assistant Government Pleader for Revenue appearing for respondent Nos.3 & 5 and Sri Y.Koteswararao learned standing counsel for Mandal Praja Parishads appearing for respondent No.6 3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that the village volunteer, without any justifiable reason, has abruptly stopped paying the pension to the petitioner, who is dumb and deaf suffers from 100% permanent disability, from the month of July, 2020. The petitioner made a representation, dated 03.09.2020 to the authorities, but the same is in vain. Aggrieved by the same, the present Writ Petition has been filed. He further submits that pursuant to the filing of the Writ 4 Petition, the respondent authorities have resumed payment of pension to the petitioner, as such, prayed to close the Writ Petition. 4. On the other hand, learned standing counsel for Mandal Praja Parishads, while reiterating the contents of the counter affidavit of respondent No.6, submitted that the concerned authorities, during the course of verification, had informed the petitioner to submit disability certificate issued by the competent Medical authority. However, the petitioner failed to furnish the same, due to which the pension was kept on hold. Subsequently, the petitioner submitted the disability certificate issued by the Medical Officer. Thereafter, the pension under YSR Scheme Pension Kanuka has been released and the petitioner has been receiving the pension every month. Hence, there remains nothing for adjuration and prayed to close the Writ Petition. 5. Perused the record and considered the submissions made by learned counsel for the parties. 6. It is not in dispute that the petitioner has drawn the pension under YSR Pension Kanuka up to June, 2020. Now, the grievance of the petitioner is that without any justifiable reason, the village volunteer has abruptly stopped the pension to the petitioner. The reason for stopping the pension is that the petitioner has not submitted disability certificate during verification of the documents. 5 In the counter filed by respondent No.6, it has been categorically stated that the petitioner has submitted the disability certificate issued by the Medical officer, and accordingly, the pension has been released and the petitioner now receiving the same every month. Learned counsel for the petitioner also submitted that pursuant to filing of the Writ Petition, the authorities have resumed payment of pension to the petitioner. 7. Taking the submissions of both the learned counsel into consideration, as the respondent authorities have resumed payment of pension to the petitioner, which is not disputed by the learned counsel for the petitioner, no further adjudication is required in this matter and the Writ Petition is liable to be closed. 8. Accordingly, the Writ Petition is closed. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI 29.10.2025 MP 6 161 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO:16777 of 2020 Date: 29.10.2025 MP