APHC010374372019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17912/2019 Between: 1. HARI KRISHNA RAO,, S/O. RAMA RAO, AGED ABOUT 49 YEARS, R/O. INDUGUPALLI VILLAGE, PENUGANCHIPROLU MANDAL, KRISHNA DISTRICT, PENSION ID.NO.106729725. 2. MATANGI BALA SWAMY,, S/O. ASIRVADHAM, AGED ABOUT 68 YEARS, R/O. INDUGUPALLI VILLAGE, PENUGANCHIPROLU MANDAL, KRISHNA DISTRICT, PENSION ID.NO.106614914. 3. JIDDU KRISHNA,, S/O. LINGAIAH, AGED ABOUT 73 YEARS, R/O. DABBAKUPALLI VILLAGE, VATSAVI MANDAL, KRISHNA DISTRICT, PENSION ID.NO.106613691. 4. BATTU VENKATAIAH,, S/O. MALLAIAH, AGED ABOUT 68 YEARS, R/O. DABBAKUPALLI VILLAGE, VATSAVI MANDAL, KRISHNA DISTRICT, PENSION ID.NO.106790393. 5. GAJJI VENKAMMA,, W/O. NARASIMHA RAO, AGED ABOUT 62 YEARS, R/O. DABBAKUPALLI VILLAGE, VATSAVI MANDAL, KRISHNA DISTRICT, PENSION ID.NO.172566. 6. KURISE SANGETHA RAO,, S/O. KANAKAIAH, AGED ABOUT 72 YEARS, R/O. GANGAVALLI VILLAGE, LINGALA POST, VATSAVI MANDAL, KRISHNA DISTRICT, PENSION ID.NO.106670399. 7. DEVABATTINA ANANTHARAMAIAH,, S/O. SEETHARAMAIAH, AGED ABOUT 72 YEARS, R/O. GANGAVALLI VILLAGE, LINGALA POST, VATSAVI MANDAL, KRISHNA DISTRICT, PENSION ID.NO.106670399. Page 2 of 4 8. BATHINA KONDALU,, S/O. SEETHARAMAIAH, AGED ABOUT 68 YEARS, R/O. GANGAVALLI VILLAGE, LINGALA POST, VATSAVI MANDAL, KRISHNA DISTRICT, PENSION ID.NO.106766740. 9. B.NEELAM RAJU,, S/O. ASHIRVADHAM, AGED ABOUT 68 YEARS, R/O. GANGAVALLI VILLAGE, LINGALA POST, VATSAVI MANDAL, KRISHNA DISTRICT, PENSION ID.NO.106766831. 10. PAPAGANTI MUKKANTI,, S/O. LAKSHMAIAH, AGED ABOUT 69 YEARS, R/O. GANGAVALLI VILLAGE, LINGALA POST, VATSAVI MANDAL, KRISHNA DISTRICT, PENSION ID.NO.106670406. 11. PUTCHAKAYALA HANUMANTHA RAO,, S/O. NARAYANA, AGED ABOUT 68 YEARS, R/O. GANGAVALLI VILLAGE, LINGALA POST, VATSAVI MANDAL, KRISHNA DISTRICT, PENSION ID.NO.497676. 12. KANCHETI VENKATESWARLU,, S/O. PEDA KOTAIAH, AGED ABOUT 70 YEARS, R/O. GANGAVALLI VILLAGE, LINGALA POST, VATSAVI MANDAL, KRISHNA DISTRICT, PENSION ID.NO.106633582. 13. BANKA VENKATESWARLU,, S/O.JAN KOTAIAH, AGED ABOUT 69 YEARS, R/O. POCHARAM VILLAGE, LINGALA POST, VATSAVI MANDAL, KRISHNA DISTRICT, PENSION ID.NO.106670398. 14. PANDI BABU,, S/O. KOTAIAH, AGED ABOUT 69 YEARS, R/O. POCHARAM VILLAGE, LINGALA POST, VATSAVI MANDAL, KRISHNA DISTRICT, PENSION ID.NO.106729615. 15. PANDI KONDALU,, S/O. KOTAIAH, AGED ABOUT 68 YEARS, R/O. POCHARAM VILLAGE, LINGALA POST, VATSAVI MANDAL, KRISHNA DISTRICT, PENSION ID.NO.106766830. 16. P.GURUNADHAM,, S/O. VNEKATESWARLU, AGED ABOUT 70 YEARS, R/O. POCHARAM VILLAGE, LINGALA POST, VATSAVI MANDAL, KRISHNA DISTRICT, PENSION ID.NO.106649160. 17. KANCHETI NAGESWARA RAO,, S/O. KONDAIAH, AGED ABOUT 72 YEARS, R/O. POCHARAM VILLAGE, LINGALA POST, VATSAVI MANDAL, KRISHNA DISTRICT, PENSION ID.NO.106633587. ...PETITIONER(S) AND p. 3 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P. 2. THE DISTRICT COLLECTOR AND EXECUTIVE CHAIRMANDRDA, KRISHNA DISTRICT, AT MACHILIPATNAM. 3. THE PROJECT DIRECTOR, DISTRICT RURAL DEVELOPMENT AGENCY(DRDA), KRISHNA, MACHILIPATNAM. 4. THE MANDAL PARISHAD DEVELOPMENT OFFICERMPD0, VATSAVAI MANDAL, KRISHNA DISTRICT. 5. THE TAHSILDAR, VATSAVAI MANDAL, KRISHNA 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 to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in stopping/cancelling the social security pensions under YSR Pension Kanuka Scheme through proceedings Rc.No.B3/22/2019, dated- 04.11.2019 without issuing any notice or opportunity of hearing pursuant to the alleged enquiry said to have been made by respondents 4 and 5 as described in the said order as the same is arbitrary, illegal and violative of principles of natural justice and also Articles 14, 21 and 300-A of Constitution of India and to consequently set-aside the above said impugned proceedings and to pass IA NO: 1 OF 2019 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 2 to 5 to pay the pensions of the petitioners respectively by suspending the proceedings in Rc.No.B3/22/2019, dated: 04.11.2019 of the 2nd respondent, pending disposal of the above writ petition and to pass Counsel for the Petitioner(S): 1. P PRABHAKAR RAO Counsel for the Respondent(S): p. 4 1. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 2. GP FOR PANCHAYAT RAJ RURAL DEV (AP) The Court made the following: ORDER Seventeen petitioners filed the above writ petition to declare the action of the 2nd respondent in stopping the social security pensions under YSR Pension Kanuka Scheme through proceedings Rc.No.B3/22/2019, dated 04.11.2019 (Ex.P1) without issuing any notice, as illegal and arbitrary. 2. Sri P.Prabhakara Rao, learned counsel for the petitioners would submit that pending the writ petition, the respondent-authorities restored the pension to the petitioners 1 to 4, 6, 8 to 10, 12, 13, 15 and 17. He would also submit that in respect of petitioners 5,7, 11,14 and 16, some objections were raised by the respondent-authorities and the petitioners will comply with the same. He would submit that no further adjudication is required in this writ petition. 3. Recording the said submission, the Writ Petition is Closed. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. __________________________ JUSTICE SUBBA REDDY SATTI PVD