Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 7055 (AP)

KOLLA BALAKRISHNA v. THE STATE OF AP

WP/3842/2025 · 2025-02-14

Tarlada Rajasekhar Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010068572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] FRIDAY, THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No: 3842/2025 Between: Kolla Balakrishna ...PETITIONER AND The State Of AP ...RESPONDENT Counsel for the Petitioner: 1. LEO LAW ASSOCIATES LLP Counsel for the Respondent: 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 2 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief: "…..to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of respondents especially the respondents 2 to 6 in entertaining the false complaints made by the 14th Respondent, repeatedly, and the action of the 5th respondent in issuing impugned proceedings bearing R.C.No.807/2024/(Enquiry), dated 31.01.2025, appointing the respondents 8 to 13 (Members, enquiry committee) to enquire into the allegations pursuant to the alleged PGRS Complaint No.WEG202409305242, dated 30.09.2024, and consequent enquiry dated 06.02.2025 conducted by the respondents 8 to 13, though the enquiries were conducted on the allegations of the 14th respondent, and the complaint on the same subject was closed being satisfied with the enquiry outcome, and not taking any action on the 14th respondent for leveling false and baseless allegations repeatedly, with apparent sole motive to cause serious hindrance to discharge my duties as elected Sarpanch of Dirsumarru Gram Panchayat, Bhimavaram Mandal, West Godavari District, Andhra Pradesh, as arbitrary, illegal, unconstitutional especially in clear violation of Article 22 of the Constitution of India, without jurisdiction, and violative of well settled principles of natural justice, and consequentially quash the proceedings – R.C.No.807/2024/(Enquiry), dated 31.01.2025 issued by the 5th respondent herein and all the further proceedings pursuant thereto, including enquiry dated 06.02.2025 conducted by the respondents 8 to 13, by calling for the entire record culminating into issuance of the impugned proceedings R.C.No.807/2024/(Enquiry), dated 31.01.2025, and pass such other order or orders….." 2. Feeling aggrieved by the arbitrary action of the official respondents in inviting and initiating complaints repeatedly, the present Writ Petition is filed. 3. The 5th respondent-Divisional Panchayat Officer, vide proceedings R.C.No.807/2024/(Enquiry) dated 31.01.2025, has issued enquiry notice, directing the petitioner herein to participate before the enquiry committee constituted by him on 06.02.2025. The said notice 3 was assailed in the present Writ Petition on the ground that already an enquiry was conducted on the complaint given by 14th respondent and the final decision is yet to be arrived and prayed to set aside the enquiry notice dated 31.01.2025. 4. Without delving into the merits of the case, this Court is inclined to dispose of the Writ Petition, directing the petitioner herein to offer explanation to the said enquiry notice dated 31.01.2025, addressing all the grievances which are raised in the present Writ Petition and the same may be submitted to the 5th respondent and, on receiving the said explanation, the 5th respondent is hereby directed to examine the same and deliver appropriate orders in accordance with law and communicate the same to the petitioner. 5. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 14.02.2025 siva 4 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.3842 of 2025 Date: 14.02.2025 siva