V Naga Raju vs. The State Of Ap

Court:High Court of Andhra Pradesh
Judge:Hon'ble Ravi Cheemalapati
Case Status:Disposed
Order Date:9 Aug 2023
CNR:APHC010393382023

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Order Issued After Hearing

Purpose:

Admission (Panchayat Raj)

Before:

Hon'ble Ravi Cheemalapati

Listed On:

9 Aug 2023

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Order Text

(SHOW CAUSE NOTICE BEFORE ADMISSION) lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA-WEDNESDAY, THE NINTH DAY OF AUGUST, t ll^/o THOUSAND AND ll^/ENTY THREE :PRESENT-. THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 20225 OF 2023

Between:

LaQbeQ2`.

v Naga Raju, S/o Venkatesh, Aged. 45 years, Occ. Business, R/o. Kotachambag-lri v-Illage, GudupalI'l Mandal, Chittoor District- ...petitioner

AND

    1. The State of Andhra Pradesh, Rep. by its Principal Secretary tO Government, panchayat Raj and Rural Development Departnent, Secretariat, Velagapudi, Amaravati, Guntur District.
    1. The Commiss'loner, Panchayat Raj and Rural Development Department, Government of Andhra Pradesh, NH -16, Tadepalli, Guntur District.
    1. The District Collector, (Panchayat Wing), Chittoor, Chittoor District.
    1. The Executive Engi|neer, RWSandS Division, Panchayat Raj Department, palamaner, Chittoor Distr'lct.
    1. The Deputy Executive Engineer, RWS andS Sub-Division, Kuppam, Chittoor District.
    1. The Assistant Executive Engineer, RWS and S Division , Gudupalli Mandal, ` Chittoor D'[str'ICt,
    1. The Gram Panchayat, Rep.by its Executive Authority-Gum-Panchayat secretary, Kuppugan'lpalle Village, Gudupalli Mandal, Chittcor District.
    1. The State ofAndhra Pradesh, Rep by 'lts, Principal Secratary, Departnrent Of F'lnance and Planning, Secrateriat, Velagapud'l, Guntur District ...Respondents

WHEREAS the Petitioner above named through his Advocate Sri SOURI BABU DUPPATl presented this Pet-ltion under Article 226 of the Constitution Of lnd'la praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direct'lon more particul-arly one in the nature of WRIT OF MANDAMUS declar'lng the action Of respondents in nOn-compliance Of funds with the M-Book No (i). M.Book No.6797-A for construction Of drain at Kotachambagiri (from Subrahmanyam house tO MPP Sch;ool), providing Ptoeline tO Rajamma house tO lakShmamma house, PrOV'lding new Panel board tO the RWS scheme pumpset repa'lrs to pws scheme of KuppuganiPalle Village, Gudupalli Mandall Ch-lttoor District under 14th finance COmmiSSfon funds at Kotachambagiri Of Kuppuganipalle village Of Gudupalli Mandal 'ln Chittor distriet aS illegall irregular, arb'ltrary, v'lolative of Articles 14, 21 and 300-A of Constitution Of lnd'la and consequently direct the respondents to pay the amounts with interest as per the aforesaid Measurement Book Numbers under the 14th finance COmmiSS-lOn funds, forthwith to the petitioner.

AND WHEREAS the High Court upon Perusing the Petition and affidavit filed herein and upon hearing the arguments of sri souRI BABU DUPPATI Advocate for the Petit-loner, Assistant GP for Panchayat Raj Department for the

respondent Nos. 1 to 6, Sri G. Venkata Reddy, Standing Counsel for the respondent No.7 and of Assistant GP for Fl'nance & Planning for the respondent No.8, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.

You vI'Z:

    1. The Principal Secretary to Government, state ofAndhra Pradesh, Panchayat Raj and Rural Development Department, Secretariat, velagapudi, Amaravati, Guntur District.
    1. The Commissioner, panchayat Raj and Rural Development Department, Government of Andhra Pradesh, NH -16, TadepaHiI Guntur District.
    1. The District Collector, (Panchayat Wing), Chittoor, Chittoor District.
    1. The Executive Engineer, RWSandS Division, Panchayat Raj Department, Palamaner, chI'ttOOr District.
    1. The Deputy Executive Engineer, RWS andS Sub-Divl-sion, Kuppam, Chittoor District.
    1. The Assistant Executive Engineer, RWS and S DI-Vision , GudupaIIi Mandal, Chittoor District.
    1. The Gram Panchayat, Rep.by its Executl-ve Authority-Gum- panchayat Secretary, Kuppuganipalle Village, Gudupalli Mandal, Chittoor District.
    1. The Principal Secratary, State of Andhra Pradesh, Department of Finance and planning, Secrateriat,,Velagapudl-, Guntur District

are be and hereby directed to show cause either appearl'ng in person or through an Advocate, as to why I'n the Circumstances Set Out in the petl'tion and the affidavit filed therewith (copy enclosed) thl's writ petition should not be admitted, on or before 18.08.2023, on whl'ch date the case stands posted for hearing.

The Court made the following ORDER:

ftNotice before admission.

Learned Assistant Government pleader for Panchayat Raj Department takes notice on behalf of respondent Nos.1 to 6l

Sri G.Venkata Reddy, learned standing counsel for Gram Panchayat, takes notice on behalf of respondent No.7.

Learned__Assistant Government pleader for Finance & Planning takes notice on behalf of respondent No.8.

`_------_--__

ASSISTANT RFn,let- - - = E.I:N=N_A_9 A M M A BEG iSTiri-R

sEcT'ofu oFFlcER

For getting instructl-ons, post on 18.08.2023 in the Motion List. " -,---`-----_---J--_-__

//TRUE COPY//

To,

    1. The Principal Secretary to Government, State ofAndhra Pradesh, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravati, Guntur District.
    1. The Commissioner, Panchayat Raj and Rural Development Department, Government of Andhra Pradesh, NH -16, Tadepalli, Guntur District.
    1. The District Collector, (Panchayat Wing), Chittoor, Chittoor District.
    1. The Executive Engineer, RWSandS Division, Panchayat Raj Department, Palama`ner, Chittoor Distriet.
    1. The Deputy EiecutI'Ve Engineer, RWS andS Sub-Division, Kuppam, Chittoor District.
    1. The Assistant~Executive Engineer, RWS and S Division , Gudupalli MandaI, Chittoor District.
    1. The Gram Panchayat, Rep.by its Executive Authority-cum-Panchayat Secretary, Kuppuganipalle Village, Gudupalli Mandal, Chittoor District.
    1. The Principal Secratary, State of Andhra Pradesh, Department of Finance and Planning, Secrateriat, Velagapudi, Guntur Distriet (Addressee nos.1 to 8 by RPAD- along with a copy of petitl'on and affidavl't)
    1. One CC to SRI. SOURI BABU DUPPATI Advocate [OPUC]
  • 10.Two CCs to GP for Panchayat Raj, High Court ofAndhra Pradesh. [OUT]
  • ll. One CC to Sri. G. Venkata Reddy, Standing Counsel [OPUC]
  • 12.Two CCs to GP for Finance & planning, High Court of Andhra Pradesh. [OUT]
    1. One spare copy

7*

CVSS

HIGH COURT

$\mathsf{RCJ}$

DATED:09/08/2023

POST ON 18.08.2023 IN THE MOTION LIST

NOTICE BEFORE ADMISSION

WP.No.20225 of 2023

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Case History of Orders

Order(5) - 20 Sept 2023

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Order(4) - 28 Aug 2023

Interim Order

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Order(3) - 18 Aug 2023

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Order(1) - 9 Aug 2023

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Order(2) - 9 Aug 2023

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