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2025 DAILYLAW 8184 (AP)

KOPELA DEVARAJU v. THE STATE OF ANDHRA PRADESH

WP/5360/2025 · 2025-08-04

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010086692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5360/2025 Between: 1. KOPELA DEVARAJU, S/O JEEVARATNAM, AGED ABOUT 44, OCCUPATION GRAMASARPANCH OF KOTCHERLA VILLAGE, D.NO. 5-136, KOTCHERLA VILLAGE, IPUR MANDAL, PALNADU DISTRICT, -533 217 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR, ANDHRA PRADESH. 2. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT, PVS ICON BUILDING, TADEPALLI, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE DISTRICT COLLECTOR, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH. 4. THE DISTRICT PANCHAYAT OFFICER, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH. 5. THE MANDAL REVENUE OFFICER, IPURMANDAL KONASEEMA DISTRICT, ANDHRA PRADESH. DR. B.R. AMBEDKAR 6. THE MANDAL PARISHAD DEVELOPMENT OFFICER MPDO, IPURMANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH 7. KOTCHERLA GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, KOTCHERLA VILLAGE, IPUR MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT ANDHRA PRADESH. 8. M TIRUPATAIAH, KOTCHERLA GRAM PANCHAYAT SECRETARY, IPUR MANDAL, PALNADU DISTRICT, ANDHRA PRADESH. R8 IS SUO MOTO IMPLEADED AS PER THE COURT'S ORDER DT.05.03.2025. ...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 topleased to issue a Writ Order of direction particularly, one in the nature of Writ of Mandamus declaring the inaction of the Respondents in considering the Petitioner's representation dated 09-12-2024, seeking action against Respondent No. 7 for the upright disbursement of the funds in respect of old bills arising from the financial year of 2018-2019 without the administrative sanction accorded by the petitioner being the Sarpanch and without any Gram Panchayat Resolutions as unjust, illegal, and arbitrary, amounting to the infringement of the Fundamental Rights guaranteed under Articles 14, 19, and 21 of the Constitution of India besides being in derogation of the guidelines for issuing Cheques by the Gram Panchayats issued in G.O. Ms. No. 432 Dated 30.10.2013 issued by the respondent no.1 and consequently direct the respondents to consider the representation dated 09- 12-2024 duly initiating action against the respondent no.7 for the upright disbursement of funds in respect of old bills arising from the financial year of 2018-2019 without the administrative sanction accorded by the petitioner being the Sarpanch in accordance with the rules in vogue and to pass IA 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 pleased to direct the Respondent authorities to act upon the representations dated 09-12-2024 submitted by the Petitioner for initiating action against the respondent no.7 for the upright disbursement of funds in respect of old bills arising from the financial year of 2018-2019 without the administrative sanction accorded by the petitioner being the Sarpanch in accordance with the rules in vogue pending disposal of the above writ petition and to pass IA NO: 2 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 may be pleased this Hon'ble Court may be pleased to permit the petitioner to amend the district name of Respondent Nos. 3 to 7 in the cause title of W.P. No. 5360 of 2025. AS 3. The District Collector, Palnadu District, Andhra Pradesh. 4. The District Panchayat Officer, Palnadu District, Andhra Pradesh. 5. The Mandal Revenue Officer, Ipur Mandal, Palnadu District, Andhra Pradesh 6. The Mandal Parishad Development Officer (MPDO), Ipur Mandal, Palnadu District, Andhra Pradesh 7. Kotcherla Gram Panchayat, Rep. by its Panchayat Secretary, Kotcherla Village, Ipur Mandal, Palnadu district, Andhra Pradesh. INSTEAD OF 3. The District Collector, Dr. B. R. Ambedkar Konaseema District, Andhra Pradesh. 4.The District Panchayat Officer, Dr. B. R. Ambedkar Konaseema District, Andhra Pradesh. 5. The Mandal Revenue Officer, Ipur Mandal, Dr. B. R. Ambedkar Konaseema District, Andhra Pradesh 6. The Mandal Parishad Development Officer (MPDO), Ipur Mandal, Dr. B. R. Ambedkar Konaseema District, Andhra Pradesh 7. Kotcherla Gram Panchayat, Rep. by its Panchayat Secretary, Kotcherla Village, Ipur Mandal, Dr. B. R. Ambedkar Konaseema District, Andhra Pradesh, and pass Counsel for the Petitioner: 1. JADA SRAVAN KUMAR Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following: THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.5360 OF 2025 ORDER: 1. Ms.N.Rajani, learned counsel representing learned counsel for the petitioner(s) seeks permission of this Court to withdraw the present writ petition. To that effect, learned counsel for the petitioner also filed a letter dated 31.07.2025 before the Registry. 2. Permission as sought for is accorded. 3. Accordingly, the Writ Petition is dismissed as withdrawn. No costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. ___________________________________ VENKATESWARLU NIMMAGADDA, J Dated:05.08.2025 BSP 02 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.5360 OF 2025 Dated:05.08.2025 BSP