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2026 DAILYLAW 17592 (AP)

K SRINIVASULU v. THE STATE OF ANDHRA PRADESH

WP/4865/2026 · 2026-02-18

D Ramesh

body2026

Judgment text

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APHC010088682026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 4865/2026 Between: 1. K SRINIVASULU, S/O. K PURUSHOTHAM NAIDU, AGED ABOUT 55 YEARS, OCC SUB REGISTRAR GRADE -II, R/O. FLAT NO.101, SRINIVASA APARTMENT, SEETHAMMADHARA, VISAKHAPATNAM ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER AND INSPECTOR GENERAL OF STAMPS AND REGISTRATIONS, V SQUARE BUILDING, KSR PARK ROAD, WARD NO.2, TADEPALII, GUNTUR DISTRICT, - 522501. 3. THE DEPUTY INSPECTOR GENERAL, REGISTRATION AND STAMPS, VISAKHAPATNAM - 53003 ...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 to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the impugned action of the respondent authorities in not considering the case of the Petitioner for promotion to the Post of Sub-Registrar Grade-1 from the post of Sub-Registrar Grade-ll due to pendency of Article of charges issued vide proceedings No.E/408/2023-2, dated 26.07.2025 and C.C.No.31 of 2025 on the file of the Court of the III Additional District and Sessions Judge-Cum-Special Judge for ACB Cases, Visakhapatnam, as arbitrary, illegal, null and void, against the norms of public policy and principles of natural justice and violative of fundamental rights guaranteed under Articles 14, 16 and 21 of the Constitution of India and consequently to direct the respondents to consider the case of the petitioner for promotion to the Post of Sub-Registrar Grade-1 from the post of Sub-Registrar Grade-ll without reference to the C.C.No.31 of 2025 on the file of the Court of the III Additional District and Sessions Judge-Cum-Special Judge for ACB Cases, Visakhapatnam and to pass such 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 Counsel for the Petitioner: 1. VENKAT SAILENDRA G Counsel for the Respondent(S): 1. GP FOR REVENUE THE HONOURABLE SRI JUSTICE D RAMESH ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the impugned action of the respondent authorities in not considering the case of the Petitioner for promotion to the Post of Sub-Registrar Grade-1 from the post of Sub- Registrar Grade-ll due to pendency of Article of charges issued vide proceedings No.E/408/2023-2, dated 26.07.2025 and C.C.No.31 of 2025 on the file of the Court of the III Additional District and Sessions Judge-Cum-Special Judge for ACB Cases, Visakhapatnam, as arbitrary, illegal, null and void, against the norms of public policy and principles of natural justice and violative of fundamental rights guaranteed under Articles 14, 16 and 21 of the Constitution of India and consequently to direct the respondents to consider the case of the petitioner for promotion to the Post of Sub-Registrar Grade-1 from the post of Sub-Registrar Grade-ll without reference to the C.C.No.31 of 2025 on the file of the Court of the III Additional District and Sessions Judge-Cum-Special Judge for ACB Cases, Visakhapatnam and to pass …” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for the respondents. 3. On perusal of the record, it goes to show that, articles of charges issued vide proceedings No.E/408/2023-2 dated 26.07.2025 against the petitioner. A case in Crime No.10/RCT-VSP/23, dated 10.06.2020, was registered against the petitioner under Sections 7(a) & 7(b) and Section 12 of Prevention of Corruption Act, 1988. Though the charges were issued on 26.07.2025, till date no enquiry has been initiated. 4. Learned counsel for the petitioner has submitted that in respect of the charge memo, enquiry is stated to be pending and regarding the crime registered against the petitioner, the prosecution has also filed charge sheet and the same is numbered as C.C.No.31 of 2025 on the file of the learned III Additional District and Sessions Judge-cum-Special judge for ACB cases, Visakhapatnam. He further submitted that since the charge memo is pending, the petitioner’s case is not considered for promotion. He also submitted that the petitioner will cooperate with the enquiry. 5. Having heard the respective submissions, this Court is of the opinion that the case of the petitioner for promotion from the post of Sub-Registrar Grade-II to the post of Sub-Registrar Grade-I can be considered in terms of G.O.Ms.No.257, dated 10.06.1999. 6. Accordingly, the Writ Petition is disposed of directing the respondents to consider the petitioner’s case for promotion to the post of Sub-Registrar Grade-I, 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 in terms of G.O.Ms.No.91, General Administration (Ser.C) Department, dated 12.09.2022 and without referring to criminal proceedings pending against the petitioner in C.C.No.31 of 2025 on the file of the learned III Additional District and Sessions Judge-cum-Special Judge for ACB Cases, Visakhapatnam. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date: 19.02.2026 M K K 252 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.4865 of 2026 Dated: 19.02.2026 M K K