P a g e | 1 APHC010459632023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE 22nd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 23869 OF 2023 Between: 1. NAREBOINA NARASIMHA RAO, S/o. Venkateswarlu, Aged 35 years, Occ. Village Revenue Assistant (VRA), Kamepalli Village, Bellamkonda Mandal, Guntur District. ...Petitioner AND 1. THE STATE OF AP, Rep. by its Principal Secretary, Revenue Department, Secretariat, Amaravati, Guntur District. 2. The Chief Commissioner of Land Administration and Special Chief Secretary, Government of Andhra Pradesh, Saipuram Colony Road, Gollapudi, Vijayawada Rural, Krishna District. 3. The Collector and District Magistrate, Guntur, Guntur District. 4. The Tahsildar, Bellamkonda Mandal, Guntur 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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in denying promotion to the petitioner as VRO (Grade-II) and the show-cause notices dated 04.03.2022 and 04.07.2023 bearing Rc.No.40/2022 and R.C No.104 of 2023 respectively issued by the Tahsildar, Bellamkonda / Respondent No.4 and the endorsement issued by the 3rd respondent dated 08.03.2022 bearing Rc.No.376/2020-A2 to the extent of its applicability to the petitioner wherein the name of the petitioner is at Sl.No.3 as being illegal, arbitrary and violation of Articles 14, 309 and 311 of the Constitution of India and principles of natural justice and consequently direct P a g e | 2 the respondents to. (1) pay the monthly salary of the petitioner from the month of June 2023 and regularly thereafter, (2) promote the petitioner as VRO (Gr.-II) as per the final seniority list Rc.No.376/2020/A2, dated 22.06.2020 with all the consequential benefits and pass IA NO: 1 OF 2023 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 stay all further proceedings in pursuance of the show-cause notices 04.03.2022 and 04.07.2023 bearing Rc.No.40/2022 and R.C.No.104 of 2023 respectively issued by the Tahsildar, Bellamkonda / Respondent No.4 and pass IA NO: 2 OF 2023 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 respondents to pay monthly salary to the petitioner from the month of June 2023 and every month thereafter and pass IA NO: 3 OF 2023 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 vacate the interim order dated 15.09.2023 in W.P.No.23869 of 2023 and also dismiss the Writ Petition and pass IA NO: 1 OF 2026 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 to grant leave to the petitioner to file the Reply to the counter in W.P.No.23869 of 2023 and direct the Registry to receive the same on file and pass Counsel for the Petitioner: GUDISEVA VENKATA SAI KIRAN Counsel for the Respondents: GP FOR SERVICES I The Court made the following order: P a g e | 3 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 23869 OF 2023 ORDER: 1. The Writ Petition is filed 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 the respondents in denying promotion to the petitioner as VRO (Grade-II) and the show- cause notices dated 04.03.2022 and 04.07.2023 bearing Rc.No.40/2022 and R.C No.104 of 2023 respectively issued by the Tahsildar, Bellamkonda / Respondent No.4 and the endorsement issued by the 3rd respondent dated 08.03.2022 bearing Rc.No.376/2020-A2 to the extent of its applicability to the petitioner wherein the name of the petitioner is at Sl.No.3 as being illegal, arbitrary and violation of Articles 14, 309 and 311 of the Constitution of India and principles of natural justice and consequently direct the respondents to. (1) pay the monthly salary of the petitioner from the month of June 2023 and regularly thereafter, (2) promote the petitioner as VRO (Gr.-II) as per the final seniority list Rc.No.376/2020/A2, dated 22.06.2020 with all the consequential benefits……” 2. Heard Sri G. Venkata Sai Kiran, learned counsel for petitioner and Sri K. Varun Shyam Kumar, learned Assistant Government Pleader appearing for respondents. 3. Brief averments of the petitioner’s case are that: (i) Petitioner been working as a Village Revenue Assistant (VRA) of Kamepalli Village, Bellamkonda Mandal, Guntur District, since 01.01.2011. He was appointed pursuant to proceedings in D.Dis.No.1/11- B, dated 01.01.2011. Subsequently, Government accorded permission to all the District Collectors to fill up 3,795 posts of Grade-II Village Revenue Officers from the cadre of Village Revenue Assistants, vide P a g e | 4 G.O.Ms.No.13, Revenue (Ser.III) Department, dated 27.01.2020. Petitioner claims that, being qualified and possessing the requisite educational qualifications, he was eligible for appointment by promotion to the post of Village Revenue Officer, Grade-II, in terms of the said Government Order. (ii) Pursuant thereto, respondent No.3 prepared a provisional seniority list of all eligible Village Revenue Assistants working in the respective unit of appointment on 11.03.2020, followed by the final seniority list dated 22.06.2020. The final seniority list comprised two annexures, Annexure-I dealing with objections and Annexure-II containing the final list of eligible VRA candidates in terms of the Government Order. Petitioner was placed at Sl.No.60 in the said list. However, in the final seniority list prepared vide proceedings Rc.No.376/2020/A2, dated 18.07.2020, a remark was entered against the petitioner's name stating that his appointment had been made by the Tahsildar without following the VRA Service Rules, 2005, read with CCLA's Ref.No.A2/550/2008, dated 02.04.2011. On that basis, his promotion was kept in abeyance. (iii) Aggrieved thereby, petitioner filed W.P.No.9055 of 2021 before this Court. The said writ petition was disposed of by an order dated 14.02.2022, directing the respondent No.3 to pass appropriate orders with regard to petitioner's promotion, strictly in accordance with law, within a period of six weeks from the date of receipt of a copy of the order. Pursuant thereto, respondent No.3 issued the impugned endorsement, P a g e | 5 reiterating the objection recorded against petitioner's name. The ground urged therein was that Tahsildar had appointed the petitioner to fill the vacancy that arose due to the transfer of Talla Narasimha Rao without following the procedure for such appointment and in violation of VRA Service Rules. Consequently, it was stated that petitioner was not entitled to promotion to the post of Village Revenue Officer, Grade-II. (iv) Thereafter, Tahsildar issued a show-cause notice dated 04.03.2022, calling upon the petitioner to show cause as to why his services as a Village Revenue Assistant should not be terminated. The said notice was stated to have been issued pursuant to the directions of the District Collector. Petitioner submitted his explanation on 17.03.2022. Thereafter, he has been making representations to the respondent authorities seeking consideration of his claim for promotion to the post of Village Revenue Officer, Grade-II, in terms of G.O.Ms.No.13. However, his claim has neither been considered nor disposed of and continues to remain pending. (v) Petitioner had earlier filed W.P.No.16042 of 2023 challenging the endorsement dated 08.03.2022 issued by the 3rd respondent and the show-cause notice dated 04.03.2022 issued by the 4th respondent. During its pendency, the 4th respondent issued a further show-cause notice dated 04.07.2023, calling upon petitioner to explain why he should not be removed from the post of VRA on the ground that his appointment was not made in accordance with the prescribed procedure. Petitioner P a g e | 6 submitted his explanation on 07.08.2023. Meanwhile, his salary was stopped from June 2023. In view of these subsequent developments, petitioner sought permission to withdraw the said writ petition with liberty to file a fresh writ petition. Accordingly, this Hon’ble Court, by order dated 24.08.2023, permitted withdrawal of W.P.No.16042 of 2023 with such liberty. 4. Respondents’ case is that, though a vacancy had arisen, Tahsildar appointed the petitioner as a Village Revenue Assistant without following the prescribed procedure. The appointment was made in the year 2011 and that the competent authorities had not raised any objection thereto for several years. The objection was raised subsequently on the ground that the appointment had not been made by following the procedure, as reflected in the endorsement dated 08.03.2022. Though a show-cause notice was thereafter issued to the petitioner, no further action has been taken pursuant thereto. 5. It is evident from the record that petitioner was appointed by the Tahsildar in the year 2011. Admittedly, no action was initiated, either against the appointing authority or against the petitioner, in respect of the alleged irregularity in the said appointment for all these years. It was only when the petitioner's case came up for consideration for promotion that the respondents raised the said objection and issued the impugned endorsement dated 08.03.2022, questioning the manner in which his appointment had been made. P a g e | 7 6. A similar issue fell for consideration before this Court in W.P.No.6093 of 2021. In the said case, this Court considered an appointment made on 01.02.2012 under the Andhra Pradesh Village Revenue Assistants Service Rules, framed vide G.O.Ms.No.1849, dated 28.10.2005, and held that the petitioner therein was eligible for promotion to the post of Village Revenue Officer, Grade-II. Accordingly, respondents were directed to consider the petitioner's case for promotion to the said post. 7. Having considered the submissions made by the learned counsel for parties and perused the material placed on record, it is evident that, though show-cause notices dated 04.03.2022 and 04.07.2023 were issued to petitioner, no further action has been taken pursuant thereto. It is also not in dispute that petitioner's appointment was made by the Tahsildar in the year 2011 and that no objection to the validity of the said appointment was raised at any point of time thereafter, until the petitioner's case came up for consideration for promotion. 8. In the circumstances, having regard to the submissions made and following the view taken by this Court in W.P.No.6093 of 2021, dated 28.12.2022, this Court is of the view that respondents shall consider the petitioner's case for promotion to the post of Village Revenue Officer, Grade- II, without reference to the objection raised in the impugned endorsement dated 08.03.2022, and extend such promotion, if otherwise eligible, along with his batchmates. Respondents shall pass appropriate orders in this regard P a g e | 8 within a period of three (03) months from the date of receipt of a copy of this order. 9. Accordingly, the writ petition is disposed of. No order as to costs. Interim orders, if any, granted earlier shall stand vacated, and all pending miscellaneous petitions, if any, shall stand closed. __________________________ JUSTICE BALAJI MEDAMALLI Date: 22.09.2026 SAK P a g e | 9 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 23869 OF 2023 Date: 22.09.2026 SAK