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2025 DAILYLAW 6182 (AP)

P.Ramesh, v. The State of Andhra Pradesh

WP/3073/2025 · 2025-02-06

Subba Reddy Satti

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3073 OF 2025 Between: P.Ramesh, S/o Rama Mohanarao, aged about 41 Years, Forest Beat Officer, Kadangandi(W) Beat, Palakonda Range Parvathipuram Manyam District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Special Chief Secretary Secretary to Govt, Environment, Forest Science andTechnology Department, Secretariat,Velagapudi, Guntur Dist. . 2. The Principal chief Conservator of Forests(HoFF), Andhra Pradesh, Aranya Bhavan, Sankuratri Residency, K.Munshi Road Guntur Dist. 3. The Chief Conservator of Forest, Visakhapatnam, Visakhapatnam District. Visakhapatnam Circle 4. The District Forest Officer, Srikakulam District, Srikakulam. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents not considering the appeal/representation dated 05.04.2024 of the petitioner to the 3rd respondent, against the proceedings Rc.No. 3561/2022/A2 dated 15.3.2024 of the 4*^ respondent, as is illegal, arbitrary, contrary to law and violation of Provisions of Constitution of India, Article 14, 16 and 21 of Constitution of India and against the principles of natural rd respondent to consider the appeal justice and further direct the 3 /representation dated 05.04.2024 of the petitioner within two weeks. :fA NO: 1 OF 2025 'f 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 3^^ respondent to consider the appeal /representation dated 05.04.2024 of the petitioner within two weeks. Counsel for the PetItioneriSRI. T VV KOTESWARA RAO Counsel for the Respondent No’s. 1 to 4: SRI S RAJU, AGP FOR SERVICES I t The Court made the following ORDER: APHC010056572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3073/2025 Between: 1.P.RAMESH,, S/0 RAMA MOHANARAO, AGED ABOUT 41 YEARS, FOREST BEAT OFFICER, KADANGANDI(W) BEAT, PALAKONDA RANGE PARVATHIPURAM MANYAM DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, , REP BY ITS SPECIAL CHIEF SECRETARY TO GOVT, ENVIRONMENT, FOREST SCIENCE ANDTECHNOLOGY DEPARTMENT, SECRETARIAT,VELAGAPUDI, GUNTUR DIST. 2.THE PRINCIPAL CHIEF CONSERVATOR OF FORESTSHOFF, ARANYA BHAVAN, SANKURATRI ANDHRA PRADESH RESIDENCY, K.MUNSHI ROAD GUNTUR DIST. 3.THE CHIEF CONSERVATOR OF FOREST, VISAKHAPATNAM CIRCLE VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 4.THE DISTRICT FOREST OFFICER, SRIKAKULAM DISTRICT, SRIKAKULAM. ...RESPONDENT(S): 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents not considering the^ appeal /representation dated 05.04.2024 of the petitioner to the 3rd SRS,J W.P.No.3073of2025 respondent , against the proceedings Rc.No. 3561/2022/A2 dated 15.3.2024 of the 4th respondent, as is illegal, arbitrary, contrary to law and violation of Provisions of Constitution of India, Article 14, 16 and 21 of Constitution of India and against the principles of natural justice and further direct the 3rd respondent to consider the appeal /representation dated 05.04.2024 of the petitioner within two weeks 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 direct the 3rd respondent to consider the appeal /representation dated 05.04.2024 of the petitioner within two weeks Counsel for the Petitioner: 1.T VV KOTESWARA RAO Counsel for the Respondent(S): 1.GP FOR SERVICES I The Court made the following: :: ORDER :: The petitioner. Forest Beat Officer, Kadangandi (W) Beat, Range, Parvathipuram, Manyam District, filed the above writ Palakonda petition to declare respondent No. 3's inaction in disposing of the appeal dated 05.04.2024 (Ex.P15) filed by him illegal and arbitrary. 2. Heard, Sri T.V.V. Koteswararao, learned counsel for the petitioner and Sri S.Raju, learned Assistant Government Pleader for Services — I appeared for respondents 1 to 4. 3. Respondent No.4, by the proceedings/notice vide Rc.No.3561/2022/A2, dated 15.03.2024 (Ex.P14), directed the petitioner to remit an amount of Rs.6,11,676/- (i.e. the excess amount allegedly received by the petitioner) to SRS,J W.P.No.3073 of 2025 the Government. Aggrieved by the proceedings, the petitioner filed an appeal dated 05.04.2024 (Ex.P15) before respondent No.3. Learned counsel for the petitioner would submit that respondent No.3 has not passed any order so far in the appeal. Learned Assistant Government Pleader for Services would submit that respondent No.3 will consider the appeal filed by the petitioner and pass appropriate orders within eight weeks. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, directing learned respondent No.3 to consider the appeal filed by the petitioner dated 05.04.2024 (Ex.P15) and pass appropriate orders, as expeditiously as possible, preferably within two (02) months, strictly as per the Rules. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- V SAVITHRI GOWRI ASSISTANT REGISTRAR 4. 5. 6. ' SECTION OFFICER //TRUE COPY// To, 1. The Special Chief Secretary, State of Andhra Pradesh, Secretary to Govt, Environment, Forest Science andTechnology Department, Secretariat,Velagapudi, Guntur Dist. 2. The Principal chief Conservator of Forests(HoFF), Andhra Pradesh, Aranya Bhavan, Sankuratri Residency, K.Munshi Road Guntur Dist. 3. The Chief Conservator of Forest, Visakhapatnam Circle Visakhapatnam, Visakhapatnam District. 4. The District Forest Officer, Srikakulam District, Srikakulam. 5. One CC to SRI. T V V KOTESWARA RAO, Advocate [OPUC] 6. Two CCs to GP FOR SERVICES I, High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies PRK HIGH COURT DATED:06/02/2025 ORDER WP.No.3073 of 2025 0 7 MAR 2025 j T? * Cgrronl Section fx DISPOSING OF THE W.P. WITHOUT COSTS