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2025 DAILYLAW 5850 (AP)

P.Shoba Rani v. The State of Andhra Pradesh,

WP/2595/2025 · 2025-02-24

Tarlada Rajasekhar Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR WRIT PETITION NO: 2595 OF 909^ AMARAVATI o .o, RAO Between: P.Shoba Rani, W/o. Hrudayaraju, Aged about 32 R/o. T.Ch.R.Palem Village, Lingampalem Mandal, Eluru District. years, Occ; Sarpanch ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayath Raj and Rural Development Department, Building, Velagapudi, Amaravathi. 2. The District Collector, Eluru, Eluru District. 3. The District Panchayath Officer, Eluru, Eluru District. 4. The Divisional Panchayath Officer, Nuzived, Eluru A.P. Secretariat District. ...RESPONDENTS Petition under Articie 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court ma^ be pleased to issue an appropriate writ, order or direction more particularly in the nature of writ of mandamus declaring the proceedings of the 3rd Respondent vide No.A2/e-70638/2024 dated 24.01.2025 which prohibits the petitioner from drawing funds is iliegal, improper, arbitrary and against the principals of natural justice one contrary to the provisions of the A.P under and violation of Article 14 of the constitution of India and consequently set aside the Proceedings of the 3rd respondent in No.A2/e-70638/2024 dated 24.01.2025. ; Panchayat Raj and the Rules framed there jA NO: 1 OF 7noK Petition under Section stated in the affidavit filed i pleased to 151 CPC praying that in the circumstances swort of the petition, the High Court proceedings of the 24.01.2025 by restoring of the writ petition. may be respondent in No. the cheque drawing 5 suspend the 2/e-70638/2024 dated i P^wer, pending disposal «' Counsel for the Petitioner: Counsel for the Respondent Counsel for the Respondent No.2: GP FOR REVENUE The Court made the following; ORDER SRI IW. K. RAJ KUIVIAR Nos.1,3 &4: GP FOR PANCHAYAT RAJ AND rural developivient .:2—.. THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.2595 of 2025 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief: to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the proceedings of the 3'^^ Respondent vide No.A2/e- 70638/2024 dated 24.01.2025 which prohibits the petitioner from drawing funds is illegal, improper, arbitrary and against the principles of natural justice, contrary to the provisions of the A.P. Panchayat Raj and the Rules framed there under and violation of Article 14 of the Constitution of India and consequently set aside the Proceedings of the 3’’^ respondent in No.A2/e-70638/2024 dated 24.01.2025 and to pass such other orders or orders 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Panchayat Raj and Rural Development appearing for the respondents. 3. Learned counsel appearing for the respondents requested the Court that, without delving into the merits or legal niceties of the case, the petitioner may be directed to file an appeal und^er sub-rule (2) of Rule 42 of the A.P.Panchayat Raj Rules, and the District Collector may be directed to dispose of the appeal, as expeditiously as possible. 4. Acceding to the request made by the learned counsel appearing for the respondents, the present Writ Petition is disposed of, directing the petitioner to present an appeal before the District Collector within a 2 -4 period of one week from the date of receipt of a copy of this order and, on filing such appeal, the respondents shall dispose of the said appeal within a period of six (6) weeks thereafter, failing which, the impugned order dated 24.01.2025 deemed to be suspended without any further orders or reference of this Court. There shall be no order as to costs. As a sequel thereto. Interlocutory Applications pending, if shall stand closed. any. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// 'Section officer To, 1. The Principal Secretary, Panchayath Raj and Rural Development Department, State of Andhra Pradesh, A.P. Secretariat Building, Velagapudi, Amaravathi. The District Collector, Eluru, Eluru District. The District Panchayath Officer, Eluru, Eluru District. The Divisional Panchayath Officer, Nuzived, Eluru District. One CC to Sri M. K. Raj Kumar, Advocate [OPUC] Two CCs to GP for Panchayat Raj and Rural Development, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Three CD Copies. 2. 3. 4. 5. 6. 7. 8. ssb HIGH COURT DATED;24/02/2025 ORDER WP.No.2595 of 2025 disposing of the w.p. without costs