B Kavitha vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Admission (Panchayat Raj)
Before:
Hon'ble Venkateswarlu Nimmagadda
Listed On:
30 Jun 2022
Original Order Copy
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Order Text
$[3329]$
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATL (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF JUNE-TWO THOUSAND AND TWENTY TWO : PRESENT: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17725 OF 2022
Between:
B Kavitha, w/o Bojanna, aged about 30 years Sarpanch of Golla Grama Panchayat, Kalyanadurgamam Mandal, Ananthapur District
AND
Petitioner_
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- The State of Andhra Pradesh, rep. by its Principal Secretary, Panchayat Raj. Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District.
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- The District Collector Cum. Chairman, District Watersheds Management Agency, Ananthapur District.
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- The Project Director, District Watersheds Management Agency, Ananthapur District.
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- The Project Officer, W.C.C, Golla Grama Panchayth, Kalyandurgam Mandal, Ananthapur District.
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- The S.H.O, Kalyandurgam Rural Police station, Kalyanadurgamam Mandal, Ananthapur District.
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- The water shed committee, Golla Grama Panchayath, D.No.2-253E, Golla village, Kalyanadurgamam Mandal, Ananthapur 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 illegal action of the respondents 2 to 4 in constituting the 6th respondent Watershed Committee on 22-04-2022 without having any authority and without even conducting the Grama Sabha as illegal, arbitrary and against the guidelines prescribed under Circular No.1661/WDC-PMKSY2.0/ 2022 Dated 24-02-2022 apart from violative of article 14 of constitution of India and consequently direct the respondents 2 to 4 to constitute watershed committee for Golla village, Kalyanadurgamam mandal, Ananthapur by scruplously following the guidelines as contemplated by the Circular No.1661/WDC-PMKSY2.0/2022 Dated.24-02-2022. IA NO: 1 OF 2022 -
Petition under Section 151 CPC is filed, praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the 6<sup>th</sup> respondent committee from acting as watershed committee for Golla village, Kalyanadurgamam mandal, Ananthapur district, pending disposal of WP No.17725 of 2022, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of M/s. Pillix Law Firm, Advocate for the Petitioner, GP for Panchayat Raj and Rural Development for the Respondent No.1, GP for Home for Respondent No.5 and Sri MSR Chandra Murthy, Standing Counsel for Respondent No.2, 3, 4 & 6, the Court made the following ORDER
"Learned Government Pleader for Panchayat Raj takes notice on behalf of the $1^{st}$ respondent.
Learned Government Pleader for Home takes notice on behalf of the 5<sup>th</sup> respondent.
Sri. MSR Chandra Murthy, learned counsel takes notice on behalf of respondent Nos. 2, 3, 4 and 6.
There shall be interim suspension of the 6<sup>th</sup> respondent committee from acting as watershed committee for Golla village, Kalyanadurgamam Mandal, Ananthapur District.
List this matter on 21.07.2022."
//TRUE COPY//
For
To,
SECTION OFFICER
$-120;$
Sd/- M.RAMESH BABU DEPUTY REGISTRAR
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- The Principal Secretary, Panchayat Raj Department, Secretariat Buildings, State of Andhra Pradesh, Velagapudi, Amaravati, Guntur District.
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- The District Collector Cum. Chairman, District Watersheds Management Agency, Ananthapur District.
-
- The Project Director, District Watersheds Management Agency, Ananthapur District.
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- The Project Officer, W.C.C, Golla Grama Panchayth, Kalyandurgam Mandal, Ananthapur District.
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- The S.H.O, Kalyandurgam. Rural Police station, Kalyanadurgamam Mandal, Ananthapur District.
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- The water shed committee, Golla Grama Panchayath, D.No.2-253E, Golla village, Kalyanadurgamam Mandal, Ananthapur District (1 to 6 by RPAD)
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- One CC to M/s. Pillix Law Firm, Advocate [OPUC]
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- Two CCs to GP for Panchayat Raj and Rural Development, High Court of Andhra Pradesh. [OUT]
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- One CC to Sri MSR Chandra Murthy, Standing Counsel [OPUÇ]
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- One spare copy
SP
HIGH COURT
NVJ
DATED:30/06/2022
LIST THIS MATTER ON 21.07.2022.
ORDER
WP.No.17725 of 2022
INTERIM SUSPENSION