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2025 Supreme(Online)(AP) 10352

HIGH COURT OF ANDHRA PRADESH
GANNAMANENI RAMAKRISHNA PRASAD, J
Nethi Anjaneyulu – Appellant
Versus
The State of AP – Respondent
Writ Petition NO: 15329 OF 2025



Advocates:
For the Appellants/Petitioners: M/S. INDUS LAW FIRM
For the Respondents: Government Pleader for Panchayat Raj

Administrative actions must adhere to principles of natural justice, providing affected parties a fair opportunity for explanation in proceedings.

Headnote:(A) Constitution of India - Articles 14, 19, and 21 - Andhra Pradesh Panchayat Raj Act, 1994 - Violation of principles of natural justice due to lack of provision of reports supporting the charges in a show cause notice - The petitioner argued that the issuance of show cause notice is arbitrary, violating his right to fair opportunity of defence, referencing Section 249 of the Andhra Pradesh Panchayat Raj Act, 1994 - The court emphasized the importance of fair procedures in administrative actions and the necessity of providing adequate opportunity for explanation to the affected parties. (Paras 1-3)

(B) Administrative Law - Judicial Review - The court underlines its role in safeguarding lawful functioning of officials against arbitrary actions, advocating for adherence to principles of natural justice and fair procedure. (Paras 2-3)

Facts of the case:
The petitioner challenged the legality of a show cause notice issued without providing supporting reports, contending that such an action was arbitrary and deprived him of a fair opportunity to respond.

Findings of Court:
The court favored the need for maintaining status quo pending further proceedings.

Issues: The main issue was whether the actions taken by the respondents were arbitrary, violating the principles of natural justice and relevant statutory provisions.

Ratio Decidendi: The court highlighted that the lack of provision of necessary reports constituted a denial of fair opportunity for the petitioner, emphasizing the role of judicial oversight in administrative actions.

Result: The court directed all parties to maintain status quo until the next hearing.

Table of Content
1. fair opportunity to respond (Para 1)
2. adherence to natural justice (Para 2)
3. status quo maintained (Para 3)

IN THE HIGH COURT-OF ANDHRA PRADESH AT AMAR I/

(SPECIAL ORIGINAL JURISDICTION)

TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE :PRESENT:

HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 15329 OF 2025 Between:

Nethi Anjaneyulu, S/o. N.Chinnaraju, Aged about 57 years, Occ. Sarpanch, Sanipaya Grama Panchayat, R/o. Nethivandia Palli, Sanipaya Veeraballi Mandal, Annamayya District, Andhra Pradesh -516130.

...Petitioner AND

1. The State of AP, Represented by its Principal Secretary Panchayat Raj and Rural Development, Amaravati, Andhra Pradesh.

2. The Commissioner, Panchayat raj and Rural Development, Tadepalli, Guntur District, Andhra Pradesh.

3. The Dl-strict Collector, Annamayya District, Rayachoti, Annamayya District Andhra Pradesh.

4. The District Panchayat Officer, (D.P.O.) Annamayya District, Rayachoti, Annamayya District, Andhra Pradesh.

5. The Superintending Engineer, Panchayat Raj and Rural Development, Annamayya District, Andhra Pradesh.

6. The Superintending Engineer, Rural Water Supply and Sanitation, Annamayya District, Andhra Pradesh.

7. The Tahsildar, Veerabal]i Mandal] Annamayya District, Andhra Pradesh.

8. The Extension Office'r, PR and RD, Veeraballi, Annamayya District, Andhra Pradesh.

9. The Village Revenue Officer, Sanipaya Village, Veeraballi Mandal, Annamayya District, Andhra Pradesh.

10. N.Rammohan, S/o. N. Venkata Ramana, R/o. Chintakunta ~|

Siddannagari Palle Sanipaya Village, Veeraballi Mandal, Annamayya District.

...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstance`s stated.in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or more jn direction or writ of Mandamus, declaring the actions of the Respondents more particularly the 3rd Respondent in issuing the Show Cause notice K,NO.1648/2024-A6 with File No. PRRO2D-OPCLOAUDT(MISC)/1/2025-SA(A)-DPO-ANM ROT dated 29.05.2025 without annexing/ providing the reports based on which the charges in the said Show Cause notice were framed despite his multiple pleas for provision of a copy of the. reports thereby depriving his e of a fair opportunity of explanation, as the said action is illegal, arbitrary and in violation Articles 14,19 and 21 of the Constitution of India and the Principles of Natural Justice as well as being in contra to the interpretation of the sec.249 of the Andhra Pradesh Panchayat Raj Act, 1994 by this Hon'ble High Court and consequently set aside the same directing the Respondents not to interfere with his peaceful and lawful functioning in office.

IANO: 1 OF2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavj{ filed in support of the petition, the High Court may be pleased to stay all further proceedings pursuant to the Show Cause notice K. NO.1648/2024-A6 with File No. PRRO2D- OPCLOAUDT(MISC)/1/2025--SA(A)-DPO-ANM RCT dated 29.05.2025 issued under See.249 (4) of the Andhra Pradesh Panchayat Raj Act,1994, Pending disposal of WP 15329 of 2025, on the file of the High Court.

The petition coming on for hearing, upon perusing the petition and the affI'daVit filed in Support thereof and upon hearing the arguments of M/S. INDUS LAW FIRM Advocate for the Petitioner, and of Government Pleader for -.--T/

/ A }

Panchayat Raj, for Respondent Nos.1, 2 & 4, and of Government PIeader for J|

ORDER:

ff Heard IVIsIArthimalla Priyanka, Ld. Counsel for Petitioner in W.P.Nol9900 of 2025, Srj V|R|N.Prasanth, Ld. Counsel. for the Petitioner in w.p.No.15329 of 2025 and Sri Punuku Rajesh Kumar, Ld. Assistant Government PIeader for Panchayat Raj & Rural Development.

2. At their request, list these matters on 26|06.2025 along with W-P.No-14394 of 2025-

3. ln this view of the matters, there shall be a direction to all the parties to maintain Status-quo -obtaining as on today, un

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