Andhra Pradesh High Court - Amravati
Pilla Venkateswara Rao, vs The State Of Andhra Pradesh on 3 October, 2024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR THURSDAY, THE THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR "PRESENT: THE HONOURABLE DR JUSTICE K MANMADHA RAO W.P Nos. 24572, 24843, 24549, 24996 & 25559 of 2024 WLP.No. 24872 of 2024 Setween: 7. Ko JGopala Krishna, S/o. Kumara Swamy, aged about 58 years, Occ: Assistant Executive Engineer, R/O. Plot No. 303, Chaebrol Towers. Opp- ss Viswa Hindu | Parishal Office, Kommuruvarivesdhi, Salyanaryanapuram, Vijlayawada-2. BP VYenu babu, S/o. Siva: famaiah, aged about 53 years, GcccAssistant Executive Engineer, Ro, 7-5-189/4 80, Rainbow Apartment, Sad Line Srivishnadevaraya Nagar, Turakapalem Road, Lic Colany Extn, Guntur - §22008, Andhra Pradesh. P. Srinivasa Reddy, S/o. Pardhasaradhi Reddy, aged about 8? years, Occ: Assistant Executive Engineer, R/o. H.No.15-1-884/5, 2nd Lane, Nehru Nagar, Macherla, Guntur Dist ic-522426, Andhra Pradest. . BV. Sesha Chalapathi; Syo, Yenkala Lakshmi Vara Prasadaraa, aged about 98 years, Qcc:Assistant Executive Engineer, Rfo. 84.8-10/2. Sr} Surya Park view pats, Raghava Nagar, Palamatalanka, Sri Kishnaveni Talent School, Vlayawada, Krishna District, Andhra Pradash-Seao1a. Petitioners AND State of Andhra Pradesh, rep. by its Principal Secrelany, Panchayall Raj ran' anc Rural Development Depariment, Secretariat, Velagapudi, Amaravatl, Andhra Pradesh. Engineer-in-Chief, Panchayat Ral Department, Government af Andhra Pradesh, Viiayawada, Andhra Pradesh. Venkata Sastry, OncAssistant Execullve Engineer, OO. od Superintending Engineer, Panchayat Raj Circle, Kakinada, East Gadaverl Distict, Rfo. Rarnarao Pets, Near Subbaiah Hote! , Xekinac ast Godavari District-45 O00 OS. 4, ViRanga Rao, S/o. V.Peddakotaiah Assistant Exenutive Engineer Ofo. Engineer In Chief, OR Devamnent = é2.". Compound. Bandar Road, Vilayawada. | NV. Subbe Reddy, Svo..N Subba Reddy, Aged 53 years, As Executive Engineer, Panchayat Rai Department, Pi Sub Giision. fen rst Stary £7 oy 3 Udeyagiri, Nellore District, 2 Sim Awl iw sewed EO VA Ppe oie saort &. M.Anun Apparao, Sfo. Apnala Naidu, Aged 82 years, Assistant Executive Engineer, Pan chaya at Raj Department, Mandal Engineering Officer, Sabbavaram, Visakhapainam District, (Respondent No.6 and 6 impleaded as per Court order dafad aNOd2022 vide LA No.2 of 2024 In WP No O487s of ade t in the Petition and Affidavit} 7. V.lesla Krishna Kurnar, Sio.T Raghava Lakshmaiah, Aged about 54 years, Agsislant Executive Engineer, V & OC Sub-Divis sion, Tirupati, GChenna Reddy Colony, Tirapad, Chittoor District. Pin SY SO, & Y¥ Venkata Ramesh Babu Sio.¥. Rasaiah. Aged about 52 year Assistant Executive Engineer, V & QC Sub-Oiision, ZR. Campound Suniur 822 004. a 3. Ghukka Mani Kumar, S/o. oh, Peniaish, Aged about 49 years, Assistant Execullve Engineer, PHU: Sub-D dwision, FR Department, Tanuku, Near éP High School, Tanuku, W.G.Df Pin 8549 1 10. Lola Satyanarayana, S/o. L.Veera Narayana, Aged about §4 Years, Assisiant Executive Engineer, Su aub-Division, PR | Denariment, Sabbavaram, Behind MRO Cifice, Sabbavaram, Vis isakhanginam-53 1 (Respondent Nos. * to 19 impleaded as per Court order dated 20.07 2022 vide LA No.8 of 2021 in WP No.24872 of 2021 in the Petition and Affidayvig} . Respondents Petition under Article 220°nf the Constitution of india praying that in the circumstances stated In the affidavit fled therewith, the High Court may be pleased to issue an apnropriate Writ or order, ane more particularly in the nature of Writ of Mandamus, deci aring G.O.Ms.No.?1, Panchayat Raj and Rural Development Department, dated 05. 10.2021, as legal, arbitrary, in utter violation of the principles of natural justice, viated by malice in law and unconstitutional and cor nsequantly set aside G.O.Ms No.7 1, Panchayat Ral and Rural Develonment Department dated 05.10.2021, IA NO: 1 OF 2924 Pelion under Section 167. OPC praying that in the circumstances Stated in the affidavit fled in support of the petition, the High Court may be pleased to suspend fhe operation of GO MMs No 1, Panchayat Raj anc Rural Development Department, dated 05.4 0.2021, pending disposal of WP 24872 of 2021, on the file of the High Court, The petition coming on for hearing, Ubon perusing the Petition and the alidavit filed in sunport thersef and fhe order of the High Court, dated 29.10.2024, 20.47.9004, O7-04-2022, 17.03.2022, 25.04. 202, 28.08 2022, 20.07 2022, 16.74.2022. OF. 12.2022, 16.03.2033, 29.08.2023, 09.04 29024. 12.08.2024, & 26.09.2024, made herein and upan hearing the arguments of Sti Srinivas Rao Bodduluri, Advocate for petifioners and of the G.P. for Services- [V for Respondent Nos} & 2 and Sr N. Bharat Babu, Advacate for the respondent Nas. 3 fo 16. 7 . W.PUNo. 24543 of 2034 Setween: 4 g i fod i. VEL. Prasacda Rao, Sic V. Venkatramaic ah, Age- 88 years, working as XN Asst. Executive Engi ineer, MPP, Trafluru, Prekasam District. &.Roteswara Rao, Slo. 8. Chinna Koti Lingam, Age- 5? years, working a8 Asst. Executive e Engineer, \ V&QC Sub division, Narasaracpet, Guntur District, MLNS. Prasad, S/o. Venkateswara Rao, Age. 58 years, working as Asst Executive Engineer, PH Sub Division, Sattenapalll, Guntur District, | Y Sudhakar Rao, Sfo, Sideswars Rao, Age. 59 years. workir gas Asst. Executive Engineer, PIL Sub division Satienapalll, Guntur Mistry. S.oeshaiah, Sfo. S Kondaiah, Aged Sa years, working as Asst. Exenuilve Engineer, PR-PIU Sub division, Aimakur, SPSR Nellore Distinct, » Petitioners The State of Andhra Prade Gesh, Rep by is Principal Secreta; 'y, Panchayat Ral and Rural Develo Samant CEsit) Department, See cretariat, Yelagapudi, Guntur District. The Engineer in Chief Santkhe yat Raj, Andhra Pradesh, Vilayawada. Mrishna District. NV. Subba Reddy, Slo. N. Subba Reddy, Aged about 53 years, Assistant Executive Engineer, Panchayat Raj Department, PIU Sub Division, Udaya agin, Nellore District, M.Ariun Apparan, S¥o. Appala Naidu, Aged about 52 years, Assistant Executive Engineer, Panchayat Raj ~ onmene Mandal Engineering Officer, sabbavaram, Vis isakhapatnam iS [Respondent Nos.3 and 4 are imopleaded as per Court Order dated 28. 04-2022 In LA No.3 of 2094 ja Wwe No.24543 of 2021] Respondents Pelion under Articie 226 0 fhe Consiitufion of India praying that in the circumstances stated in the affidavit led therewith, the High Court may be Bleased to Issue a writ order or. threch iON especially one in the nature of writ of trandamus declaring that aj} ¢ G:O.Ms.No.?1, of,$-10-2021 is Hegal, aritvary and is therefore violative of article 14, 16 and 24 of the Constitution of India apart fram it being violative of State Reorganization Act 2044, IANO: 1 OF 2627 Petition under Section 151 CPC praying that in the circumstances Stated in the affidavit filed in support of WLP), the High Court may be pleased fo suspend the operation of impugned orders issued in G.O.Ms.No. 74, df 5 12027, pending disposal OF WEPNo. 24543 of 2021, on the file of the High Court. The petition coming on for Hearing, por perusing the Petition and the affidavit Med in support thereof and the Orders of the High Court, dated 28.90.2021, 29.11.2024, OF-01-2022, 25.02.2022, 14.08.2032. 25-n4.2022 72.08 2002 20.07 2022, 29.09.2022, 18.03.2023. O4.05. 2023, 28.08.2023, 09.04.2024, 12.09 2094 § 26 08.2024, made herein and upon hearing the arguments of Sri Srinivasa Rao Madi iraju, Advocate for the Petitioner and af the G.P for Services ~ PY for "Respondent Nos.1 & 2 and Mis GV Shivaji, Advonste for the respandent NSé. 3 &4, WRIT PETITION NO: 24849 OF 2021 Setwean: 1. R. Bhaskar Reddy, S/o. B Venkataras mudu, Age 58 years, working as Asst. Executive Engineer, PRE Sub di vision, Ananthapurll, Anant thagur Distinct £3 ie Ces P Sreenivasulu, Syo. PY Ramaiah, Age 59 years, wo Gas Asst, Execuilve Engineer, Pil (PR) Sub division, Uray vakonda, Ananthasur District oe S.Khader Basha, S/o. S.Mahaboob Sasha, Age 59 years, work ing as Asst, Exenutive Engineer, PIU (PR) Sub division, Adhoni, Kurnoo District, Petitioners The State af Andhra Pradesh, Rep by is Principal Seoretary, Pan chayal Raf and Rural Oevelonment lest) Department, Secrefariat, Velagapudi, Guntur Disney" The Engineer in Chief. Panchayat Ral, Ancihra f Pradesh, Vileyawa Krishria Districs N.V.Subba Reddy, Say 'N. Subba Reddy, Aged about 93 PQarS, Assisiant Executive Engineer, Panchayat Raj Deparment, PIU Sub Division, Udayagiri, Nellore Deh ret *~ MLArUun Apna: rao, Sia. Appaia ma Neu, 4 wed about 5° years, Assistans x 3 oy. mxecutive Engineer, Pgnoha Ayal Rai Ospartment, Mandal Engineer ing Oficer, Sabbavaram, Visakhapainam District (Respondent No.3 and 4 imoleader S as per Court order cdafed 25 MOS OSS vide lA.No.3 of 2021 in WOPLNo. 24549 in the Petition and AN Ae) oat V.leela Krishna KumarcSvo. T Ray ghava Lakshna maiah, Aged about | at years, Assistant Executive Engi meer, VX OC Sub Divisio m, Tirupati, ay Chenna Reddy Col ny, Tirupat!, Chittoor District, Pin: ST? Sar. . ¥ Venkata Ramesh Babu, AYOY. Rasalah, Aged about S2. years,. Assistant Executive Engineers, V & QO Sub-Division, Z.Poc COMPQUNG Guriur 522 004. Chukka Mant Kumar, S/o. Ch. Pantaiah, Aged about 49 years, own * Assistant Executive Engineer, PIU Sub-Division, PR Daparimant, Tanuku, Near ZP High School, Tanuku, W.G.DL Pin: 534 944, 8. Lola Satyanarayana, S/o, L. Veera Narayana, Aged about: 51 years, Assistant Executive Engineer, PIU) Sub-Division, PR Department, Sabbavaram, Behind MRO Office, Sabbavaram, Visakhapainam-531 O35, (Respondent Nos. § to 8 impleaded as per Court Order dt.20.07 2022 vide IA No. 4 of 2024 In WP. No.24849 of 2097 mm the petition ane affidavit, | Respondents Petition under Articls 22 38 of the Constitution of india praying that in the circumstances stated in the affidavit fled therewith, the High Court may be pleased to issue a wrt order | on.direcion especially one in the nature of writ of mandamus declaring that a).G:O.Ms.No.?1, dh5-10-2021 is Hlegal, arbitrary and is therefore violative of articles 14, 1€ & 24 of the Constitution of India apart from Hf being violative of State Reorganization Act 2044, IANO: ( OF 2024 Petition under Section 951 CPC is fled praying that in the circumstances stated in the affidavit fled in support of the writ petition, the High Court may be pleased 'to. suspend the operation of impugned orders issued in en ah5-10-2024, pending disposal of WP.No 24549 af 2021, on the file of the High Court. The petition coming on for hearing, Upon perusing the Petition and the affidavit fled in support thereof and the order of the High Court, dated 29 TO. 202 4, 29.41.2021, 1103. 2022, 25.04 2009) f, 28.06.2022, 20.07 2022. 18.09.2023, 29.09.2023, 03.04 2094, 12.00.2004. & 26.09.2024 made herein and upon hearin Rg the arguments of Sr Srinivasa Rao Macdiraiu, Advocate for the Petitioner and GP for Servicas-lV for Respondent Nos. 1&3 and Mis GV. Shiva, Advocate for the respondent Nos. 3 & 4 and of Sri x Sr VUNResh Advocate for the re Spo ndent Nos. 5 to & WRIT PETITION No. 24996 of 2024 Sefween: 1. ne cond > Mila Venkateswara Rao, S/o. Narayana Rao (late), aged 87 years, Occ. aa Asst. Executive Ene ineer, Of. The Engineering In Chief. Panchayath ' x : Raj Dept, PW Grounds, Vilay Yawada, Krishna District. Ch. Oivakara Ran, S/o. "Gangadhara Rao, aged 59 years, Oec. iy. Executive Engineer, now PA fo SE O/s. The Superindending Engineer Panchayath Rai Dept Vizianagaram. K. Kasi Viswanath, Sio) Suryar naraya Ana, aged SY years, Occ. °y Executive Engineer, now A to Sk Ofe. The Sup enndending Engin Panchayath Ral Dept. Sritakulam A.Ramesh Kumar, Syo. Sviharl aged S? years, Occ. Asst. Executive Engineer, Vig. and Quality Control, Ofo. The Executive ingineer Panchayath Raf Dept, Visakhapainam. K.5.K Chakravarty, S/o. Late V 'snkaisswara Rao, aged OY years, Gee. Asst. Executive Engineer, Of fo, The Engineering In Chief, Panchayath Ral Dept. PA Gre runds, V4 layaw vada, Krishna District P Madhu. Sfo. Ply. Ramana, aged 57 years, Qee - Dy. Executive Engineer FAC, C¥o i U Sub-Division, Arukuyedl ey, Visakhapatnam UNstrict. P. Balai Narasimham, Sis. Late Sambasiva Rac, aged 58 years, Oce. Me, Dy. Executive Engineer FAC mow PA fo SE Ovo. The Superinodanding Engineer Panchayath Raj Depariment, Visakhapatnam, B. Srinivas, So. Krishna. Murthy, Aged 89 years, Dy. Exenutive Engineer FAC Ofn. Project implementation Unit PERU) | Rajlam, Srikakulam (Nstrict . &. L. Apogia Sun, Slo. Narasimha Appadu, Aged 89 years, Occ. Dy. Executive Engineer FAC Of. PAU, Kotabommall, Srikakulam, 10.2. Venkata Siva Prasad, S/o. Sannibabu, Aged 58 years, Occ. By. Executive Engineer FAC Oe. PRL, Gajapathinagaram, Vizianagaram Dist ee 11. D. Ravi Kumar, Syo. Bheema Rao (late), Age S? years, Occ:Assistant mxeculive Engineer, PLU, Sabbavaram, Visakhapatnam (istrict _...Petitioners AND 1, The Stete of Andhra Pradesh, Rep. by is Principal Secretary Panchayai Raj and Rural Develooment Depariment, Velagapucl, Amaravathi, Guntur Oistrict, eo é. The Engineer-in-Chief~ Panchayat Raj Department, State of AP. Bandar Road, Opp : PWO Grounds, Vilayawada Krishna District. 3. & SiveaPrasad, S/o. & Naryana , aged 50 years, Assistant Executive Engineer, Ofo. Engineer in Chief Panchayat Raj, Z.P. Compound PWD Grounds, Bandar Road. Vifayawada. 4. R.Srinivasa Rao, S/o. B. Sanyasi Rao, aged about §3 years, Assistant Execullve Engineer, Ofo. | Engineer in Chief, Panchayat Rai, 2B. Compound, Qoposite PWD Grounds, Bandar Road, Viiayawada. | Respondents Respondent No.4 and 4 imoleaded as ber court order dafed 25.04 2022 vide LA.No. 2 of 2021 in WEP. No.24996 of 2027 in the petition and affidavit ae | Petition under Article 226 of the Gonstitutlon of India praying that in the circumstances stated in the affidavit fled therewith, the High Court may Ge Reased fo issue a Writ, order'or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein in issued the impugned G_O.Ms No. PIOPR and RD Dept, dk 5.i1n.30e4 as eaal, arbitrary, un-conefitutional and alsa cormrary fo the final orders passed by the Hon'ble AP. Administrative Tribunal j in Q.ANo. SOTS/2008 and bafch dk 3.22011 and consequentialy the Hon'ble Court May be pleased fo selaside the impugned G.O.Ms No.7. J PRLS RD Deol db §.10.2004 LALNo. 1 of 2024 > Fetiion under Section 141 CPC mraying that in the circumstance Stated in the affidavit Sled In suppert oF WLP. the High Court Tray be pleased fo suspend the impugned G.OMs.No. ft, PR and ROD Dept. at: S.TO2024 ooh : o pending disposal of W.P.No- 28998 of 2084. on the fle af the High Court, The petition « somung on far hearin 8. Upon perusing the Petition and the alidavit fled in support thereof -and ihe order of the High Coun, dated 28102081 28.41.2023 P42 e022, 25.02.2099 35.04. 2022, 26.07 202°. 18.03.2025, 29.09.2023. 03.04 2024, 12.09.2024 & 28.09.2024 mace herein and upon hearing the arguments of Sri kde. Tagore, Advocate for the Petitioners and of the Govi. Bis aver for Panchayat Raj for respondent Nos, 4 and 2 and Sri. No Ashwani Kumar Advocate for Respondent Nos. 3 & 4. : WRIT PETITION NO: 25559 OF 3024 Between: | 1. K.Suresh, S/o. Kamma Narasimha Mur hy, Aged 56 years, Working as Deputy Executive Ennineer (PAC), PA to SE, Kuru, West Godaverl District, é. T.Rahi, So. Venkats subba Rao, Aged Sa \ years, Working as Asst, Executive Engineer, Office of the Exec ulive Engineer, PHY Division, 27. compound, Kakinada, East So, davarl District. x P Someswera Rao, hao fa Venkata R Ratnam Aged SS years, Working as Asst. Executive Engi ner, PI UA Akivicu, Krighna Cistric 4. V Rarnanarayana, S/o. Lakshmana Ras, Aged 54 years, Working as MEQ, Rayavaram and DEE (FAC), Mandapeta, East Godavari District S. VNaga Krishna Rao, SfocV Sudarsan Rao, Aged 54 years, Worn as Asst, Executive Engineer DEE, Quality Contral O/o. Commissioner, PR & RD, Tadepalli, Guntur District GV.S.N. Swamy Naidu.S/o, Guddati Janaki Rama Reo, Aged 35 an years, Working as Deputy Executive Engineer (FAC) (PRE Shimavaram, West Godavari District, G. Dharme Raju(Z-1)>: Slo: Gunde Venkata Rao, Aged §9 years, Working as Deputy Executi ive Engineer PIU) Sub Dnvision, Rajahmundry, ~ mast Godavari District, P.Ramakrishniah (Z-IN}y Sia P. Venkate Rao, Aged 5? years, Working © as Deputy Executive Eng! inger, PIU Sub division, Kakinada, East Godavari (strict. & Yerra Mehar Baba, S/o. Yerra Chellayya., Aged 56 years, Working as Asst. Executive Engineer (PR), V&ac (SD), Bhimavaram, West Godavari District, ---- | 10. B. Ramachandra Rao, S/a-Narasimha Murthy, Aged 58 years, Working as AEE. PLU, Sub Division, Jangareddygudem, West Godavari District. oe Petitionars AND , t. The State of Andhra Pradesh, Rep by ils Principal Secretary, Panchayat Raf and Rural Development (esiL}} Deparment, Secretariat, Velagapudi, Guntur District | Pd The Engineer in Chief, Panchayat Raj, Andhra Pradesh, MG Road Vijayawada, Krishna [strict Reapondents: Petition under Article 226 of the Constitution of India Draying that in the cyoumsiances stated in the affidavit Wed therewith, the High Court may be ay ote pleased fo issue a wri ander or direction e especially one in the nature of wrt Mandamus declaring that of &@} G.OLMs No F4 » GUS 1O2081 is egal, arbirary and js iherefors Walative of Articles 14, 16 & 21 of the Gonetiiution of india apart from if being violative of AP. State Re organizatic on Act, 2Od¢ IA NO: 1 OF g094 Petition under Se ation - 154 x CPO Praying fat In the clreumstan 28s St stated in the aff davit fled in SUbOENT OF Ure pefiilen, the High Court may be pleased to suspend the operation We oimpugned orders issued G.O.Ms.No. 74, OLS-1TO-202 1 péhiding disposal of tie WEP No S585 of 202 on the file of the Hi HORE Court, oe afidavit Med in Support thereof a OS 2020 é0.07 2022, 16.9 8.202 & 26.09.2024 Trade herein and ¢ sp Raa Madiraly, Advocate for the @ Patitic ners and of learned QE for Sergi cas hy ce or Re espondents, made the folloy ving QRBER : OST 2021, 20-44. 2029, Fif2nee. 8. 3, 29.09.2023, 03.04.2004 TAG S084. Phe petition COMING on for hSaing, upon perusing the Patifien and the ha the order of the on Sour dated on heart ing (he arguments of Sq Srinivasa At request of both the e coun Sal, posfon 17.40. £024 af 3 18 Pp. mn. interim order granted earlier TRUE Copyr by this Court js extended HN then. A SO Yo TO. W 12. POR Two €Cs to the GLP. for Services-IV, High Court of AP. at Amaravall (OUT) i Two OCs to GP for Panchayat Raj and Rural Development, High Court of Andhra Pradesh, [OUT] One CC to Sri Dr.k Lakshmi Narasimha Rao, Advocate(QPUC} One CC to Si GV Shivaji, Advocate(OPUC) One GO to Sf Srinivas Rao Badduluri, Advecate(OPUC) Gine CC to Sri N.Bharath Babu, Advocate(OQPUC}) Qne CC to Si M. Srinivasa Rao, Advocate(OPUC} One CC to Sri KR. Lakshmi Narasimha, Advocate(QPUC) One CC to Sri V.Nitesh, Advocate (OPLUC) One CC to Sri MLR. Tagore, Advocate (OPUIC) One CC to Sr. N. Ashwani Kumar, Advocate (OPUC} One spare copy HIGH COURT Or RMR J DATED (03.10.2024. NOTE: POST ON 17.40.2024 AY 2.18 POM. ORDER
WP Nos, 24572. 24543, 24849, 24996 € 28850 of 221 INTERIM ORDER EXTENDED tte