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Andhra Pradesh High Court - Amravati

Tekuri Satyanarayana Murthy vs The State Of Ap on 16 February, 2021

Author: M.Satyanarayana Murthy

Bench: M.Satyanarayana Murthy

~ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
"~~ TUESDAY, THE SIXTEENTH DAY OF FEBRUARY |
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY
~. WRIT PETITION NO: 3069 OF 2021

 

» Between:

Tekuri Satyanarayana Murthy, S/o. Subbaiah.
. Petitioner

AND
1. The State of Andhra Pradesh, Represented by its Principle Secretary, Tribal
Welfare Department, Velagapudi at Amaravathi, Guntur District.
2. The Deputy Director, Tribal Welfare, Integrated Tribal Development Authority
(I.T.D.A.), Rampachodavaram, East Godavari District.
3. The Project Officer,, Tribal Welfare, Integrated Tribal Development Authority |
(I.T.D.A.), Rampachodavaram, East Godavari District.
4. The Head Mistress - cum- Drawing Officer,, Ashram Girls High School (Tribal
Welfare), Office of the School Complex, Irlapalli, Rampachodavaram Madal, East
Godavari District.
; Respondent
"~ 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 or
order or direction more particularly one in the nature of WRIT OF MANDAMUS
declaring the action of the Respondents herein particularly Respondent No.4 in issuing
the Proceedings R.C.No.Special/Rents/2020, dated 17.11.2020,
R.C.No.D7/DDTW/208/2020, Dated 01.12.2020 and R.C.No.D7/DDTW/208/2020,
dated 19.01.2021 alleging that |! am not paying the rent to the I.T.D.A. Quarter No.B-65,
Rampachodavaram, East Godavari District without the quarter not being allotted to me
without having any reference about the allotment of the same in my name and further
acting high handedly that action will be initiated against me and the amount of
Rs.1,08,000/- will be recovered from my salary without considering my explanation
properly and without having any reference about the allotment of the disputed quarter in
the impugned proceedings in my name as nothing but illegal, arbitrary, erroneous, high
handed and violative of Article 14 and  of The Constitution of India, apart from the
service rules governed and consequently direct the Respondents 2 to 4 not to demand
the petitioner to pay the rent to the |.T.D.A,. Quarter No.B-65 of Rampachodavaram,
East Godavari District and recover an amount of Rs.1,08,000/- from the salary of the
petitioner.

IA NO: 1 OF 2021

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 4 not to recover an amount of Rs.1,08,000/- from the salary of the
petitioner by issuing further proceedings, pending disposal of WP 3069 of 2021, 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 Sri A K Kishore Reddy
Advocate for the Petitioner, and of GP for Services Ill Advocate for the Respondents
and the Court made the following.

~ ORDER:

"Learned GP for Services Ill seeks time to obtain instructions.
 

Meanwhile, there shall be an interim direction to the respondents not to

deduct any amount towards alleged withdrawal of HRA of this petitioner."

To,

Dn

Sd/- Chitti Joseph
ASSISTANT REGISTRAR
ITTRUE COPY//

For ASSISTANT REGISTRAR

. The Principle Secretary, Tribal Welfare Department, State of Andhra

Pradesh, Velagapudi at Amaravathi, Guntur District.

The Deputy Director, Tribal Welfare, Integrated Tribal Development Authority
(I.T.D.A.), Rampachodavaram, East Godavari District.

The Project Officer,, Tribal Welfare, Integrated Tribal Development Authority
(I.T.D.A.), Rampachodavaram, East Godavari District.

The Head Mistress - cum- Drawing Officer, Ashram Girls High School (Tribal
Welfare), Office of the School Complex, Irlapalli, Rampachodavaram Madal, East
Godavari District.(RR 1 to 4 by RPAD)

One CC to Sri. A K Kishore Reddy Advocate [OPUC]

Two CCs to GP for Services III ,High Court Of Andhra Pradesh. [OUT]

One spare copy

pr
 

 

HIGH COURT

MSMJ

DATED:16/02/2021

ORDER

INTERIM DIRECTION