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2026 DAILYLAW 1445 (AP)

KOPPALA BALA KRISHNA v. THE STATE OF ANDHRA PRADESH

WP/12388/2026 · 2026-04-30

Venkateswarlu Nimmagadda

body2026

Judgment text

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APHC010238032026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12388/2026 Between: 1. KOPPALA BALA KRISHNA, S/O K.NARAYANA RAO AGED 39 YEARS, OCC TAHSILDAR (FAC) WORKING AT HEERAMANDAL MANDAL, SRIKAKULAM DISTRICT, RESIDENT OF D.NO.3-11, SURYANARAYANAPURAM VILLAGE, PATHAPATNAM MANDAL SRIKAKULAM DISTRICT - 532213 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SPECIAL CHIEF SECRETARY, REVENUE (SERVICES) DEPARTMENT, AP SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI,ANDHRAPRADESH-522503. 2. THE CHIEF COMMISSIONER OF LAND ADMINISTRATION, GOVERNMENT OF ANDHRA PRADESH, 1ST AND 3RD FLOOR, APIIC BUILDINGS, AUTO NAGAR NEAR NRI HOSPITALS, MANGALAGIRI, GUNTUR DISTRICT -522503. 3. THE DISTRICT COLLECTOR, SRIKAKULAM DISTRICT ...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 or order or order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the Respondents in not considering the case of the Petitioner for regular 2 promotion to the post of Tahsildar from the post of Deputy Tahsildar though she is fully eligible, qualified and within the Zone of consideration except pending charge memo issued in G.O.Rt.No.543 Revenue (Vigilance-Ill) Department Dated 09-06-2025 of 1st respondent which was issued based on a minor allegations detected way back on 24.01.2020 that to held not proved in the regular departmental enquiry report dated 21.01.2026 as illegal, arbitrary, violative of G.O. Ms. No. 91 General Administration (SER.C) Dept dated 12.08.2022 and against Articles 14, 16 and 21 of the Constitutionof India and consequentially direct the Respondents to consider the Petitioner's case for regular promotion to the post of Tahsildar, Zone-1 without reference to Charge Memo issued in G.O.Rt.No.543 Revenue (Vigilance-Ill) Department Dated 09-06-2025 of 1st respondent in terms of in terms of Para-5 (B) (i) of G.O.Ms.No.257 General Administration (SER.C) Dept dated 10.06.1999 and to 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 pleased to direct the 2ND respondent to consider the case of the petitioner for regular promotion as Tahsildar from the post Deputy Tahsildar in terms of Para-5 (B) (i) of G.O.Ms.No.257 General Administration (SER.C) Dept dated; 10.06.1999 without reference to the charge memo issued in G.O.Rt.No.543 Revenue (Vigilance-Ill) Department Dated: 09-06-2025 of 1ST respondent and to pass Counsel for the Petitioner: 1. HARINATH REDDY SOMAGUTTA Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12388/2026 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the case of the petitioner for regular promotion to the post of Tahsildar from the post of Deputy Tahsildar though he is fully eligible, qualified and within the Zone of consideration except pending charge memo issued in G.O.Rt.No.543, Revenue (Vigilance-Ill) Department, dated 09.06.2025 of 1strespondent which was issued based on a minor allegations detected way back on 24.01.2020 that to held not proved in the regular enquiry report dated 21.01.2026 as illegal, arbitrary, violative of G.O.Ms.No.91 General Administration (SER.C) Dept dated 12.08.2022 and against Articles 14, 16 and 21 of the Constitution of India and consequentially direct the Respondents to consider the Petitioner's case for regular promotion to the post of Tahsildar, Zone-1 without reference to Charge Memo issued in G.O.Rt.No.543, Revenue (Vigilance-Ill) Department, dated 09.06.2025 in terms of Para-5 (B) (i) of G.O.Ms.No.257 General Administration (SER.C) Dept dated 10.06.1999and pass such other order.” 2. Heard learned counsel for the petitioner and learned Government Pleader appearing for the respondents. 3. A charge memo vide G.O.Rt.No.543, Revenue (Vigilance- III) Department, dated 09.06.2025 was issued to the petitioner under which charges were framed. The petitioner requested the respondent-authorities to consider his case for promotion in view of G.O.Ms.No.257 dated 10.06.1999 taking into consideration the 4 initiation of enquiry and the timing of issuance of the charge memo which was issued before promotions. 4. Learned counsel for the petitioner has submitted that the respondents have not considered the case of the petitioner for promotion, despite his seniority and clean service record. 5. Learned Government Pleader appearing for the respondents on instructions submits that it is an admitted fact that the petitioner was shown in the seniority list and as such he will be considered for promotion, if he is otherwise eligible. 6. Having regard to the respective submissions, this Court is of the opinion that the case of the petitioner for promotion to the post of Tahsildar, on regular basis can be considered in terms of G.O.Ms.No.257, dated 10.06.1999. 7. Accordingly, the Writ Petition is disposed of directing the respondents to consider the petitioner’s case for promotion to the post of Tahsildar on regular basis subject to the petitioner possessing requisite qualifications in terms of G.O.Ms.No.257, General Administration (Ser.C) Department, dated 10.06.1999 and also conclude the enquiry, if any pending, in terms of G.O.Ms.No.91, General Administration (Ser.C) Department, dated 12.09.2022. There shall be no order as to costs. 5 As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 01.05.2026 TTPPSS 6 37 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12388/2026 01.05.2026 TTPPSS