D BUDDALA VENKATESWARA RAO v. THE STATE OF ANDHRA PRADESH
WP/3545/2025 · 2025-02-13
Subba Reddy Satti
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 6763 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6763 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
*4 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3545 OF 2025 -o s C> Between: D. Buddala Venkateswara Rao, S/o. Late Ramachandra Rao, Aged 62 Years, Occ: Senior Assistant, Office of Nidadavolu Municipality, R/o. H.No.9-10-6/1, Chenna Reddy Street, 15th Ward, Tadepalligudem, West Godavari District ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Directory Commissioner, Municipal Administration, Andhra Pradesh, Vaddeswaram, Mangalagiri. 3. Nidadavolu Municipality, Rep. by its Commissioner, Nidadavolu, West Godavari District ...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 an order or a direction or a writ especially a writ of mandamus declaring the action of the 3'^'^ respondents in not disposing appeal made by the petitioner against the orders passed by the Regional Director-Cum-Appellate Commissioner of Municipal Administration, Rajahmundry vide Rc.No.1277-2/PTP/2003/A3 dated 09.04.2012 as illegal, arbitrary and violation of Article 14, 16 and 21 of the Constitution of India
J i and further direct the respondents to dispose off the appeal made by the petitioner as soon as possible in the interest of justice. r 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 3'^ respondent to dispose of the pending before him from 2012 onwards. Counsel for the Petitioner: SRI DEVAKUMAR SALIKITI Counsel for the Respondent Nos.1 & 2: GP FOR SERVICES IV Counsel for the Respondent No.3: M/s. SIREESHA RANI VALLABHANENI,SC FOR MUNICIPALITIES The Court made the following: ORDER
mm r APHC010064672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) lU [3331] THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3545/2025 Between:
1.D BUDDALA VENKATESWARA RAO, S/0. LATE RAMACHANDRA RAO, AGED 62 YEARS, OCC SENIOR ASSISTANT, OFFICE OF NIDADAVOLU MUNICIPALITY, R/0. H.NO.9-10-6/1, CHENNA REDDY STREET, 15TH WARD, TADEPALLIGUDEM, WEST GODAVARI DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP.
BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DIRECTORY COMMISSIONER, MUNICIPAL ADMINISTRATION, ANDHRA PRADESH, VADDESWARAM, MANGALAGIRI. 3. NIDADAVOLU MUNICIPALITY, REP. BY ITS COMMISSIONER, NIDADAVOLU, WEST GODAVARI DISTRICT ...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 an
order or a direction or a writ especially a writ of mandamus declaring the action of the 3rd respondents in not disposing appeal made by the petitioner against the orders passed by the Regional Director-Cum-Appellate Commissioner of Municipal Administration,
BkfL: s SRS,J W.P.No.3545 of 2025 vide Rc.No. 1277-2/PTP/2003/A3 dated 09.04.2012 as illegal, 16 and 21 of the Constitution of India and Rajahmundry arbitrary and violation of Article 14 further direct the respondents to dispose off the appeal made by the petitioner possible in the interest of justice and pass such as soon as lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated u ■ ^ in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the 3rd respondent to dispose of the pending before him from 2012 onwards and pass such Counsel for the Petitioner:
1.DEVAKUMAR SALIKITI Counsel for the Respondent(S):
1.GP FOR SERVICES IV The Court made the following;
:: ORDER :: S.Karunakar,
learned counsel representing Sri S. Deva learned, counsel for the petitioner and Sri S. Raju, learned Assistant Heard Sri Kumar, GoN^ernment Pleader for Services appeared for respondents 1 & 2.
2. The grievance of the petitioner in the writ petition is that the appeal dated 20.06.2012, filed by him on the file of respondent No.2 against the proceedings of the Regional Director-cum-Appellate Commissioner of Rajahmundry vide Roc.No.1277-2/PTP/2003/A3, Municipal Administration dated 09.04.2012 (Ex.P1), has not been disposed of so far.
3.
Learned counsel for the petitioner would submit that the Regional Administration, dated Municipal ROC.NO.1277-2/PTP/2003/A3 09.04.2012 (Ex.P1), imposed a major penalty of withholding of two annual Commissioner of Director-cum-Appellate Rajahmundry by proceedings in
SRS,J W.P.No.3545 of 2025 grade increments of pay with cumulative effect, against the petitioner. Aggrieved by the same, the petitioner filed an appeal dated 20.06.2012 (Ex.P2) on the file of respondent No.2. The appeal has not been disposed of so far, despite communication from respondent No.3 to respondent No.2 vide EX.P3. At the hearing, Sri S. Raju, learned Assistant Government Pleader for Services - I submitted instructions of respondent No.2. In the instructions, it was stated that respondent No.2 will consider the appeal filed by the petitioner and pass appropriate orders as per the Rules.
4.
5. Given the facts and circumstances of the case, the Writ Petition is
disposed of at the stage of admission with the consent of both the learned counsel, directing respondent No.2 to dispose of the appeal filed by the petitioner vide Ex.P2, strictly as per Rules, within four (04) weeks from today. No order as to costs. As a sequel, pending miscellaneous petitions, if any. shall stand closed.
Sd/- M. SRINIVAS ASSISTANT REGISTRY / //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Municipal Administration Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.
2. The Directory Commissioner, Municipal Administration, Andhra Pradesh, Vaddeswaram, Mangalagiri.
3. The Commissioner, Nidadavolu Municipality, Nidadavolu, West Godavari District
4. One CC to Sri Devakumar Salikiti, Advocate [OPUC]
5. One CC to M/s. Sireesha Rani Vallabhaneni, SC for Municipalities[OPUC]
6. Two CCs to GP for Services-IV, High Court of Andhra Pradesh. [OUT]
7. Three CD Copies. ssb
HIGH COURT DATED:13/02/2025 I 2 5 FEB 2025 ' ^ . Current Section . ^
ORDER WP.No.3545 of 2025 69 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS