APHC010249112024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3548]

(Special Original Jurisdiction)

WEDNESDAY, THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 12352/2024 Between:

1. G .BHASKARA RAO, S/O VENKATAPPAIAH, AGED 50 YEARS OCC MOTOR VEHICLE INSPECTOR, O/O REGIONAL TRANSPORT OFFICER, GUDURU, TIRUPATI DISTRICT.

2. B .SRINIVASA RAO, S/O B.RAMA KRISHNAIAH, AGED 54 YEARS, OCC ASST. MOTOR VEHICLE INSPECTOR, O/O DISTRICT TRANSPORT OFFICER, NARSARAOPET, PALANADU DISTRICT.

3. S K AZAD JAKEER,, S/O RAHIM, 60 YEARS, OCC MOTOR VEHICLE INSPECTOR, O/O REGIONAL TRANSPORT OFFICER, GUDURU, TIRUPATI DISTRICT

4. N ERISALA SUBRAHMANYAM, S/O N. PENCHALAIAH, AGED 57 YEARS, OCC OFFICE SUB-ORDINATE , O/O DY. TRANSPORT COMMISSIONER, NELLORE SPSR NELLORE DISTRICT.

5. V ENNAMUDDAL VENKATESWALU,, S/O VENKATAIAH, 52 YEARS, OCC TRANSPORT CONSTABLE, O/O REGIONAL TRANSPORT OFFICER GUDURU, TIRUPATI DISTRICT.

...PETITIONER(S)

AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (VIG.VI) DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

2. T HE CHIEF COMMISSIONER, STATE TAX(ST) DEPARTMENT, STATE OF ANDHRA PRADESH, KUNCHANAPALLI, GUNTUR DISTRICT.

3. T HE JOINT COMMISSIONER, STATE TAX (ST) AND INQUIRY AUTHORITY KADAPA DIVISION, KADAPA YSR KADAP DISTRICT.

...RESPONDENT(S):

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 toTo issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 1st respondent herein in issued the impugned Memo.No.51670- 17023/7/2016 dated 24-5-2024 and consequential Proceedings Rc.No.B1/30/2023, dated 7-6-2024 issued by the 3rd respondent as highly illegal, arbitrary, unconstitutional and also in violation of CCA rules and consequential the Hon'ble High Court may pleased to set aside the both Memo.No.51670-17023/7/2016, dated 24-5-2024 and consequential Proceedings Rc.No.BI/30/2023, dated 7-6-2024 in so far the petitioners concerned, by declaring as illegal, with a further direction, directing the respondents herein to proceed with departmental enquiry as per the Govt. Memo.No.51670-17023/7/2016, dated 24-1-2024 and may deem fit and proper in the circumstances of the case.

IA NO: 1 OF 2024 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 pleased to suspend both the impugned Memo.No.51670-17023/7/2016, dated 24-5- 2024 and consequential Proceedings Rc.No.B1/30/2023, dated 7-6-2024 in so far as the petitioners concerned and may proceeding with the departmental enquiry as per the Govt. Memo.No.51670-17023/7/2016, dated

24-1-2024 pending disposal of the writ petition IA NO: 1 OF 2025 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 Pleased to suspend the Proc. Rc.No.B1/30/2023 Dated 11-11-2025 or may permit the petitioners to engage Sri R.Suryanarayana, Superintendent of Police [Rtd] as a defense counsel, to assist the petitioners during the departmental enquiry, as per the Govt, vide Memo. No.51670/17023/7/2016, dated 24-1-2024, without reference to the Memo.No.51670-17023/7/2016, dated 24-5-2024, pending disposal of the writ petition and may pass Counsel for the Petitioner(S):

1. M R TAGORE Counsel for the Respondent(S):

1. GP FOR SERVICES I The Court made the following:

ORDER:

Heard, Sri M. R. Tagore, learned counsel for the petitioners and learned Assistant Government Pleader for Services-I, appearing for the State.

2. The case of the petitioners, in nutshell, is that the impugned order dated 24.05.2024 was issued by the 1^st respondent-State withdrawing the earlier Government Memo vide No.51670-17023/7/2016, dated 24.01.2024, wherein permission was accorded to the