Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 59232 (AP)

Smt Avula Malleswari v. State of Andhra Pradesh

WP/28715/2025 · 2025-12-29

D Ramesh

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010547292025 IN THE HIGH COURT OF ANDHRA (Special Original Jurisdiction) TUESDAY,THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 28715/2025 Between: 1. SMT AVULA MALLESWARI, W/O. B NAGA RAJU, AGED 43 YEARS, OCC 148/1. SAIBABA NAGAR, 4TH LANE, BHAGYANAGAR, GUNTUR, GUNTUR DISTRICT 1. STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR. 2. TAHSILDAR, GUNTUR MANDAL(WEST), GUNTUR DISTRICT. 3. SMT T SUJATHA, W/O. T ADISESHU, AGED OCC- HOUSE WIFE, R/O. 1 SAIBABA NAGAR, BHAGYANAGAR, GUNTUR, GUNTUR DISTRICT. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY,THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 28715/2025 SMT AVULA MALLESWARI, W/O. B NAGA RAJU, AGED 43 YEARS, OCC- ANGEINWADI WORKER R/O. 1 148/1. SAIBABA NAGAR, 4TH LANE, BHAGYANAGAR, GUNTUR, GUNTUR DISTRICT ...PETITIONER AND STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR. TAHSILDAR, GUNTUR MANDAL(WEST), GUNTUR SMT T SUJATHA, W/O. T ADISESHU, AGED 45 YEARS, HOUSE WIFE, R/O. 1-34-204/2, 6TH LANE, SAIBABA NAGAR, BHAGYANAGAR, GUNTUR, GUNTUR ...RESPONDENT(S): [3208] SMT AVULA MALLESWARI, W/O. B NAGA RAJU, AGED ANGEINWADI WORKER R/O. 1-34- 148/1. SAIBABA NAGAR, 4TH LANE, BHAGYANAGAR, ...PETITIONER STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, TAHSILDAR, GUNTUR MANDAL(WEST), GUNTUR 45 YEARS, 204/2, 6TH LANE, SAIBABA NAGAR, BHAGYANAGAR, GUNTUR, GUNTUR ...RESPONDENT(S): 2 Counsel for the Petitioner: 1. SRINIVASULU KURRA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. PILLIX LAW FIRM The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.28715 of 2025 ORDER: The present writ petition is filed aggrieved by the orders dated 25.08.2025 passed by the 2nd respondent based on the orders dated 04.04.2025 passed by this Court in W.P.No.29173 of 2024. 2. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 and 2 and learned counsel appearing on behalf of respondent No.3. 3. Initially, the respondent authorities have considered and issued residence certificate in favour of the petitioner on 20.05.2015. A complaint has been made with regard to the said certificate as the same is obtained by providing wrong information. Accordingly, after enquiry, the authorities have passed orders on 25.03.2016 cancelling the certificate issued in favour of the petitioner on 20.05.2015. Aggrieved by the said orders, the petitioner has approached this Court by filing W.P.No.10365 of 2017. The said writ petition was disposed of 4 along with W.P.No.4994 of 2016 filed by the unofficial respondent. Again the authorities vide order dated 14.11.2024 have considered and affirmed with the orders passed on 25.03.2016 by cancelling the certificate dated 20.05.2015. 4. Aggrieved by the said orders, the petitioner has approached this Court again by filing W.P.No.29173 of 2024 on the ground of not following the principles of natural justice and without providing fair and reasonable opportunity of hearing to the petitioner and the said writ petition was disposed of with the following directions: a. The action of the 2nd respondent in issuing the proceedings Rc.No.182/2016-C dated 14.11.2024 is declared as illegal, arbitrary and violation of principles of natural justice; b. Proceedings in Rc.No.182/2016-C dated 14.11.2024 are hereby set-aside; c. The 2nd respondent is at liberty to proceed further and conduct enquiry, in accordance with law, after observing principles of natural justice after providing fair and reasonable opportunity to the petitioner within a period of two months from the date of receipt of copy of this order. 5 5. In compliance to the above said orders, the respondents have issued notice on 03.06.2025 to the petitioner and without providing any opportunity of hearing, the respondents straightaway passed the orders on 25.08.2025. Hence, the impugned orders dated 25.08.2025 are not only contrary to the principles of natural justice but also the orders passed by this Court in W.P.No.29173 of 2024 wherein this Court categorically directed the 2nd respondent to provide fair opportunity but, in the instant case, no such opportunity was provided to the petitioner. 6. Learned counsel appearing on behalf of the petitioner has made his submissions that show-cause notice was issued on 03.06.2025 and an explanation was submitted. The respondent authorities have not taken into consideration the said explanation submitted by the petitioner from page No.20 of writ petition to page No.55. Hence, the respondent authorities have not followed the due procedure and also the directions issued by this Court. 7. Reply to the said contentions, learned counsel appearing on behalf of the 3rd respondent has taken this Court to the observations made in the impugned orders at paragraph Nos.6, 7 and 8 wherein they have categorically stated that in view of the 6 orders passed by this Court, a show-cause notice dated 24.05.2025 has been issued to the petitioner to attend the enquiry on 30.05.2025. Accordingly, on 06.06.2025, on behalf of the petitioner, one Madala Brahmaiah, S/o. Peda Rosaiah, Madala Shekar, S/o. Peda Rosaiah and Chejerla Siva Kumar, S/o. Venkata Narayana have appeared and deposed. Again the matter has been adjourned to 02.07.2025 for enquiry and the authorities have issued notice to the petitioner as well as the unofficial respondent No.3 to appear before the enquiry committee on 09.07.2025 and accordingly, both have appeared and the authorities have served the reports of Village Revenue Officer and Mandal Revenue Inspector to them and based on the said enquiry, the impugned orders have been passed. 8. Though the learned counsel for the petitioner has placed his argument that the respondent authorities have not provided proper opportunity, the fact remains that the petitioner herself has not submitted any explanation pursuant to the notice dated 03.06.2025. On perusal of the observations made in the impugned orders, it shows that in fact on behalf of the petitioner certain people were appeared and deposed and the authorities have also conducted a local enquiry and based on the request 7 and the depositions made on behalf of the petitioner and respondent No.3, the impugned orders have been passed. Hence, on perusal of the impugned orders and the material placed along with the writ petition, this Court has satisfied that the compliance of the principles of natural justice and also the orders of this Court in W.P.No.29173 of 2024. 9. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date: 30.12.2025 Ivd 8 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.28715 of 2025 Dated: 30.12.2025 Ivd