A V S MURTHY, E.G. DIST v. COMMISSIONER, DEPT. OF HORTICULTURE, GUNTUR & 2 OT
WP/43640/2016 · 2025-10-09
Maheswara Rao Kuncheam
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 57575 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 57575 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010661022016
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
FRIDAY, THE TENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 43640 OF 2016 Between:
1. A.V.V.S.Murthy, S/o. Sri A.Sathi Raju, aged about 52 years, Occ: M.I.A. Officer, R/o. 2-55-7, Endowments Colony, Kakinada, East Godavari District, Andhra Pradesh. ...Petitioner AND
1. The State of Andhra Pradesh, Department of Horticulture, rep.by its Commissioner for Horticulture, TTPC Building 1st Floor, Old Market Yard, Chuttugunta (beside Mini Rathu Bazar), Guntur, Andhra Pradesh. 522007. 2. The Project Officer. (PO-APMIP), Andhra Pradesh Micro Irrigation Project, TTPC Building 1st Floor, Old Market Yard, Chuttugunta (beside Mini Rathu Bazar), Guntur, Andhra Pradesh. 522007. 3. The Project Director, (East Godavari District), Andhra Pradesh Micro Irrigation Project, Beside Ambedkar Bavan, Near old Bus Stand, Kakinada, Andhra Pradesh. ...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 to issue a writ more in the nature of writ of Mandamus declaring the action of the 2nd Respondent in issuing proceedings No.APMIP/559/ Gen/2016 dated 02.11.2016, whereby the petitioner services are withdrawn, without giving any notice or calling for explanation in respect to his role and opportunity in calling explanation to the complaint dated 01.09.2016 received through email, as arbitrary, illegal, discriminative, in violation of principles of
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natural justice, violative of the Fundamental Right guaranteed under Articles 14 and the Constitutional Right guaranteed under Constitution of India and pass...... Counsel for the Petitioner: SRINIVAS BASAVA Counsel for the Respondents: GP FOR IRRI AND CAD (AP) Counsel for the Respondents: GP FOR AGRICULTURE (AP) The Court made the following order:
The writ petition is filed by the petitioner under Art. 226 of the Constitution of India, seeking the following main relief:
“to issue a writ more in the nature of writ of Mandamus declaring the action of the 2nd Respondent in issuing proceedings No.APMIP/559/ Gen/2016 dated 02.11.2016, whereby the petitioner services are withdrawn, without giving any notice or calling for explanation in respect to his role and opportunity in calling explanation to the complaint dated 01.09.2016 received through email, as arbitrary, illegal, discriminative, in violation of principles of natural justice, violative of the Fundamental Right guaranteed under Articles 14 and the Constitutional Right guaranteed under Constitution of India and pass......”
2.
The principal grievance of the petitioner is that without giving any prior notice or without following due procedure contemplated under law, he was terminated from service by the 2nd respondent through proceedings No.APMIP/559/ Gen/2016 dated 02.11.2016. Challenging the said orders, the present writ petition is filed. 3. On 19.12.2016, this Court passed the following order in W.P.M.P.No.53841 of 2016:
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“Since the impugned order has been passed without referring to the petitioner’s explanation dated 01.09.2016 and since the prima facie the petitioner does not appear to be any way responsible to the delay in supply of raingun sought by the farmer and the company M/s.Jain Irrigation System Limited appears to be, prima facie, responsible for the same, the impugned order is suspended as regards the petitioner only.”
4. When the matter is taken up for hearing, learned Assistant Government Pleader for Cooperation, viz. Sri G.Naveen, submitted written instructions dated 25.09.2025 issued by the Project Director, APMIP, East Godavari District, which reads as under:
“It is submitted that as per the orders of the Hon’ble High Court of A.P. Amaravathi vide Court order dated 19.12.2016 in W.P.No.43640 of 2016 and W.P.M.P.No.53841 of 2016, Sri A.V.V.S.N.Murthy, has informed vide this office notice No.A/06/APMIP/16, Dt:16.01.2017 to join as MIAO in the existing vacancy of Jaggampeta. It is submitted that the petitioner, namely Sri A.V.V.S.N.Murthy has joined in to duty as MIAO, Jaggampeta and submitted his joining report to this office on 24.01.2017(copy enclosed) from that date onwards the individual is working as MIAO Jaggampeta and still working in the Department.”
The learned counsel for the petitioner submits that by recording the said instructions, the writ petition may be closed as no further orders are necessary in the instant writ petition. 4
In view of the same, the writ petition is closed in terms of the written instructions passed by the Project Director, APMIP, East Godavari District, dated 25.09.2025. There shall be no order as to costs. As a sequel, all pending applications shall stand closed. _______________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 10.10.2025 Rns
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THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
WRIT PETITION No.43640 of 2016
Date: 10.10.2025
RNS
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