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2025 DAILYLAW 7038 (AP)

MUDDARA NAGA VENKATA CHITTI BABU v. THE STATE OF AP

WP/3943/2025 · 2025-02-18

Tarlada Rajasekhar Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 394.? OF 2025 AMARAVATI Between: Muddara Naga Venkata Chitti Babu, S/o Late Koteswara Rao, Age 41 years, 12'^ Ward Member, Mylavaram Panchayat, Resident of 12-290, Taraka Rama Nagar, Mylavaram, NTR District-521230. ... Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Panchayath Raj and Rural Development Department, At Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep by its Principal Secretary, Stamps and Registration Department, At Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The District Collector, NTR District, Vijayawada 4. The Commissioner, Panchayath Raj and Rural Development Department, office at NH-16, Service Road, Tadepalle-522501. 5. The District Grama Panchayat Officer, NTR District, Vijayawada. 6. The Divisional Panchyath Officer, Mylavaram Mandal, Office at Vijayawada 7. The Extension Officer, Panchayath Raj and Rural Development, Madal Praja Parishath Office, Mylavaram Mandal. Mylavaram, NTR District. The Sub Registrar, Mylavaram Mandal, Mylavaram. 8. Mamilla Sambasivarao, Ex-Extention Officer, Mvlavaram Gramapanchayth, Mylavaram Mandal. NTR District. 9. 10. Chamala Sitharamireddy, Vice-President Mylavaram Gramapanchayth. Mylavaram’ Mandal, NTR District. » 11. Garikapati Manju Bhargavi, W/o Danial. Sarpanch/Presidnet Mylavaram Mandal, NTR District Resident of Santhi Nagar, Mylavaram-521230. 12. Nandipamu Danial. Husband of Garkapati Manju Bhargavi Resident of Resident of Santhi Nagar. Mylavaram-521230.’ Panchayath, C/o Pasupuieti Ramrao House, Opposite Anianeva Temple, Rama Krishan Colony, Mylavaram, Anjaneya 14. KamisetU Gopinadh, Worked as Zonal Assistant Director Andhra Pradesh Capital Region Development Authority ’ Residen of D. No. 41,12.27, Gundu Kotaiah Street Krishna Lanka, Vijayawda-520013. swami . ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to may (i) to issue a Writ or direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring action of the Respondents No. 3 to 5, in not taking any action against the proceedings R.C. No. 20/2024 dt. 13.08.2024 and R.O.C No. 145/2024-A, dt: 20.08.2024; regarding the misappropriation of funds confirmed in Grama Panchayat, Mylavaram by the respondents No. 9 to 14 which is arbitrary, against the principles of natural justice and violation of Articles 14 & 19 of Constitution of India and Rule 42 (1) of Rules Relating to Certain Taxes and Lodging of Money received by the Grama Panchayats and payment of Money from the Gram Panchayat Fund (G.O. Ms No. 30, Panchayat Raj Rural Development and Relief, Dt. 20.01.1995); and (ii) consequently, to direct the 5‘^ respondent to prohibit the 11 respondent's power of drawing the money of Gram Panchayath, and to direct her return the Grama Panchayat amounts and (iii) Consequently, to direct the respondent take departmental action against the 9*'^ respondent for his involvement in unauthorized Revocation of Grama Panchayat Road-Gift Deeds, (iv) to direct the respondent No.3 to 5, to take necessary action against the respondent No.9 to 14. % 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 pass interim relief to direct the respondent to prohibit the 11 respondent’s power of drawing the money of Gram Panchayath as per the Show Cause Notice E-File No. 63611/2024-3, dt;12.2024: till pending disposal of the Writ Petition. Counsel for the Petitioner: SRI BANKA NAGESWARA RAO Counsel for the Respondent Nos.1 & 4; GP FOR PANCHAYAT RAJ & RURAL DEV th Counsel for the Respondent Nos.2, 3 & 8: GP FOR STAMPS & REGISTRATION SRI YARRAGUNTLA PANCHAYAT Counsel for the Respondent Nos. 5 to 7: KOTESWARA ROA, SC FOR ZPP, MPP & GRAM Counsel for the Respondent Nos. 9 to 14: The Court made the following: ORDER % APHC010068482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 3943/2025 Between: ...PETITIONER Muddara Naga Venkata Chitti Babu AND ...RESPONDENT{S) The State of AP and Others Counsel for the Petitioner: 1. BANKA NAGESWARA RAO Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2 The Court made the following order: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s: pleased (i) to issue a Writ or direction, more particularly one in the nature of Writ of Mandamus, declaring action of the Respondents No.3 to 5, in not taking any action against R.C.No.20/2024 dt. 13.08.2024 and R.O.C No.145/2024- A, dt:20.08.2024; regarding the misappropriation of funds confirmed in Grama Panchayat, Mylavaram by the respondents No.9 to 14: which is arbitrary, against the principles of natural justice and violation of Articles 14 and 19 of the Constitution of India and Rule 42 (1) of Rules Relating to Certain Taxes and Lodging of Money received by the Grama Panchayats and payment of Money from the Gram Panchayat Fund (G.O.Ms.No.30, Panchayat Raj Rural Development and Relief, Dt. 20.01.1995) and (ii) consequently, to direct the 5 respondent to prohibit the 11‘^ respondent's power of drawing the money of Gram Panchayath, and to direct her return the Grama panchayat amounts and (iii) Consequently, to direct the 3''^ respondent take departmental action against the 8^^ and 14*^ respondents for their involvement in unauthorized Revocation of Grama Panchayat Road-Gift Deeds, (iv) to direct the respondent Nos.3 to 5, to take necessary action against the respondent Nos.9 to 14 for their unauthorized activities and pass such other order or orders...” the proceedings th 2. It is the grievance of the petitioners herein that the unofficial respondents, who are the officers of Mylavaram Gram Panchayat Mylavaram Mandal, NTR District, has misused their powers and committed irregularities, while discharging their duties and the same was brought to the notice of the official respondents by way 3 action from the official of representations. There is no respondents, hence the present Writ Petition is filed seeking a direction to the official respondents to initiate appropriate proceedings against unofficial respondents. Learned Assistant Government Pleader through written 3. instructions would submit that already action was initiated against unofficial respondents and the Cheque Power was cancelled and enquiry is pending. In view of the submissions made by the learned Assistant Government Pleader, the Writ Petition is disposed of directing the concerned authorities to expedite the enquiry and conclude the enquiry, as expeditiously as possible, preferably within a period of three months from the date of receipt of the order. 4. Accordingly, the Writ Petition is disposed of. There shall be 5. no order as to costs. As a sequel, interlocutory applications, if any pending in this Writ Petition shall stand closed. Sd/- K. TATA RAO deputy registrar //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Panchayath Raj & Rural Development Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary, Stamps & Registration Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The District Collector, NTR District, Vijayawada. 4. The Commissioner, Panchayath Raj & Rural Development Department office at NH-16, Service Road, Tadepalle-522501. 5. The District Grama Panchayat Officer, NTR District, Vijayawada. 6. The Divisional Panchayath Officer, Mylavaram Mandal, Office at Vijayawada. 7. The Extension Officer, Panchayath Raj and Rural Development, Madal Praja Parishath Office, Mylavaram Mandal, Mylavaram, NTR District. 8. The Sub Registrar, Mylavaram Mandal, Mylavaram. 9. Mamilla Sambasivarao, Ex-Extention Officer, Mylavaram Gramapanchayth, Mylavaram Mandal, NTR District. Chamala Sitharamireddy, Vice-President, Mylavaram Gramapanchayth. Mylavaram Mandal, NTR District. Garikapati Manju Bhargavi, W/o Danial, Sarpanch/Presidnet, Mylavaram Gramapanchayth, Mylavaram Mandal, NTR District. Resident ofSanthi Nagar, Mylavaram-521230. Nandipamu Danial, Husband of Garkapati Manju Bhargavi, Resident of Resident of Santhi Nagar, Mylavaram-521230. Garvapalli Chandra Rao, Sanitary worker at Mylavaram Gram Panchayath, C/o Pasupuleti Ramrao House, Opposite Anjaneya swami Temple, Rama Krishan Colony, Mylavaram. Kamisetti Gopinadh, Worked as Zonal Assistant Director, Andhra Pradesh Capital Region Development Authority, Resident of D. No. 41.12.27, Gundu Kotaiah Street, Krishna Lanka, Vijayawda-520013. One CC to Sri Banka Nageswara Rao, Advocate [OPUC] Two CCs to GP for Panchayat Raj & Rural Dev, High Court of Andhra Pradesh. [OUT] 10. 11. 12. 13. 14. 15. 16. & Two CCs to GP for Stamps & Registration, High Court of Andhra Pradesh. [OUT] One CC to Sri Yarraguntia Koteswara Rao, SC for ZPP, MPP & Gram Panchayat. [OPUC] Three CD Copies. 17. 18. 19. gi <$ HIGH COURT DATED:18/02/2025 ORDER WP.No.3943 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS