D. Mary Navaratna Kumari v. The State of Andhra Pradesh,
WP/4278/2025 · 2025-02-19
Tarlada Rajasekhar Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7828 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7828 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF FE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR WRIT PETITION NO: 4278 OF 2025 AMARAVATI I RAp Between: D. Mary Navaratna Kumari, W/o D. Prasad, Aged 53 years, Sarpanch, Kaikaluru Gram Panchayat and Mandal, Eluru District R/o D.No.2-200/1. Near Bashyam Public School, Kaikaluru, Eluru District. ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Building, Velagapudi, Amaravati, Guntur District.
2. The Commissioner, Panchayat Raj and Rural Development Department, PVC ICON Building, Tadepalli, Guntur District.
3. The District Collector, Eluru District, Eluru.
4. The District Panchayat Officer, Eluru District
5. The Divisional Panchayat Officer, Eluru, Eluru
6. The Divisional Panchayat Officer, Nuziveedu,
7. The Extension Officer (PR and RD), Kaikaluru Mandal Eluru. District. Eluru District. , Eluru District. ...RESPONDENTS Petition under Articie 226 of the Constitution the circumstances stated i be pleased to issue of India praying that in - - in the affidavit filed therewith, the High Court an appropriate writ, order or direction in the nature of Writ of Mandamus declaring of the 4’^ respondent, of the Constitution of India and may more particularly one the order Dt.18.01.2025 as illegal, arbitrary and violative of Articles 14 and 21 consequently set aside the same.
lA NO: 1 OF QC)9ii Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fiied in support of the petition, the High Court may be pieased to suspend the proceedings vide Procgs.No.A1/e-65951/2024, Dt.18.01.2025 passed by the 4 writ petition. ^ respondent DPO, pending disposal of this lA NO: 2 OF 2()9!i Petition under Section 151 CPC stated in the affidavit filed i pleased to direct the 3 praying that in the circumstances in support of the petition, the High Court may be respondent to dispose off the Appeal Dt.27.01.2025 filed by the petitioner, pending disposal rd of this writ petition. Counsel for the Petitioner: SRI MANOJ KUMAR Counsel for the Respondent Nos.1 to 7: BETHAPUDI GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT The Court made the following: ORDER
4 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 4278 of 2025
ORDER: The present Writ Petition is filed under Article 226 of Constitution of India for the following relief/s: ...pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the
order Dt.18.01.2025 of the 4*^ respondent as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently set aside the same and pass such other order or orders
2. Heard
learned counsel for the petitioner and Sri Panuku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development, appearing on behalf of the respondents. th
3. The 4 respondent/District Panchayat Officer, vide proceedings No.A1/E-65951/2024, dated 18.01.2025, has suspended the cheque power of the petitioner under Rule 41 and 42(1 )(i) of the A.P. Panchayat Raj Rules and G.O.Ms.No.30, Panchayat Raj and Rural Development and Relief (Mandal-1) Department, dated 20.01.1995. Aggrieved by the said order, the rd petitioner herein has filed an appeal before the 3 respondent/District Collector, Eluru, under Sub Rule (1) of Rule 42(2) of the A.P. Panchayat Raj Act. Parallelly, the petitioner filed the
2 present Writ Petition to set aside the impugned
order dated 18.01.2025 of the District Panchayat Officer, Eluru on the ground that while suspending the cheque power of the petitioner herein, the 4**^ respondent has not assigned any reason much less valid reason.
Learned counsel appearing for the respondents requested this Court that without delving into merits or legal niceties of the case a direction may be given to the 3'^ respondent/District Collector to
4. dispose of the appeal filed by the petitioner herein within a stipulated time. Acceding the request made by the learned counsel appearing
5. for the respondents, the present Writ Petition is disposed of directing the respondent/District Collector to dispose of the appeal dated 27.01.2025 filed by the petitioner herein within a period of four weeks from today, failing which, the impugned orders, dated 18.01.2025 deemed to be suspended, without any further orders from this Court. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending in this Writ Petition shall stand closed.
Sd/- M RAMESH BA^ DEPUTY REGISTRAR //TRUE COPY// SECtlON OFFICER To,
1. The Principal Secretary, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Secretariat Building, Velagapudi, Amaravati, Guntur District.
2. The Commissioner, Panchayat Raj and Rural Development Department, PVC ICON Building, Tadepalli, Guntur District.
3. The District Coliector, Eiuru District,
4. The District Panchayat Officer, Eiuru
5. The Divisional Panchayat Officer, Eiuru 6, The Divisional Panchayat Officer, Nuziveedu,
7. The Extension Officer (PR and RD), Kaikaluru
8. One CC to Sri Manoj Kumar Bethapudi, Advocate [OPUCJ
9. Two CCs to GP for Panchayat Raj Rural Development Andhra Pradesh. [OUT]
10. Three CD Copies. Eiuru. District, Eiuru. Eiuru District. Eiuru District Mandal, Eiuru District. . High Court of ssb
HIGH COURT DATED: 19/02/2025
ORDER X 0 3 MAR 2025 WP.No.4278 of 2025 ^ . Curreiu iecuoo ^ DISPOSING OF THE W.P. WITHOUT COSTS