Andhra Pradesh High Court – Amravati
Kotala Chandra Sekhar Reddy vs The State Of Andhra Pradesh on 20 June, 2025
1
APHC010298752025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3328]
(Special Original Jurisdiction)
FRIDAY ,THE TWENTIETH DAY OF JUNE
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA
PRASAD
WRIT PETITION NO: 14833/2025
Between:
1. KOTALA CHANDRA SEKHAR REDDY, S/O KOTTALA KRISHNA
REDDY, AGED ABOUT 48 YEARS, HINDU, R/O
KUNCHUVAARIPALLI,RAMIREDDI VILLAGE, CHITTOOR, ANDHRA
PRADESH.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL
SECRETARY TO PANCHAYAT RAJ DEPARTMENT, SECRETARIAT
VELAGAPUDI TULLURU MANDAL GUNTUR DISTRICT.
2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL
SECRETARY TO HOME DEPARTMENT, SECRETARIAT VELAGAPUDI
TULLURU MANDAL GUNTUR DISTRICT.
3. THE DISTRICT COLLECTOR, , TIRUPATI, TIRUPATI DISTRICT
4. THE SUPERINTENDENT OF POLICE, TIRUPATI, TIRUPATI DISTRICT.
5. THE DISTRICT PANCHAYAT OFFICER, TIRUPATI, TIRUPATI
DISTRICT.
6. THE DIVISIONAL PANCHAYAT OFFICER, TIRUPATI, TIRUPATI
DISTRICT.
7. THE RAMIREDDYPALLI GRAM PANCHAYATI, REP. BY ITS
PANCHAYATI SECRETARY CHADRAGIRI MANDAL CHITTOOR
DISTRICT
...RESPONDENT(S):
Counsel for the Petitioner:
2
1. P SUBASH
Counsel for the Respondent(S):
1. GP FOR PANCHAYAT RAJ RURAL DEV
2. GP FOR HOME
3. GP FOR REVENUE
The Court made the following:
ORAL ORDER:
Heard Sri C. Vamsi Krishna, learned Counsel representing Sri
P.Subash, learned Counsel for the Writ Petitioner, Sri T. Sanjeeva Rao,
learned Assistant Government Pleader for Revenue, Sri P. Rajesh Kumar,
learned Assistant Government Pleader for Panchayat Raj & Rural
Development and Ms. P.R. Samyuktha, learned Counsel appearing on behalf
of Sri Sudhir Mattegunta, learned Standing Counsel for Gram Panchayat.
2. Learned Counsel for the Writ Petitioner has drawn the attention of this
Court to the Impugned Order passed by the District Panchayat Officer dated
12.06.2025 (Ex.P.1). The said Impugned Order would indicate that the
functions of the Sarpanch (Writ Petitioner) are being handed-over to the
Upa-sarpanch because the Sarpanch (Writ Petitioner) has not been
performing his statutory duties on account of his long absence from village.
3. Learned Counsel for the Writ Petitioner has also drawn the attention of
this Court to the averments made in the Affidavit filed in support of this Writ
Petition and to various documents. He would submit that a Police case has
been foisted against the Writ Petitioner and that he has been prevented by the
Police from entering into the Village on several occasions. He would submit
that the steps taken by the Police are the sole reason for his inability to enter
the Village and perform the duties of Sarpanch. He has also drawn the
attention of this Court to Writ Petition No.25471 of 2024 that was filed by him.
3
4. The prayer sought in the Writ Petition No.25471 of 2024 is as under:
“……to issue a writ order or direction more
particularly one in the nature of WRIT OF MANDAMUS
declaring the action of the respondent No.4 in not
permitting the petitioner to discharge his duties as
Sarpanch of Ramireddypalli Panchayath and further
preventing the petitioner to enter into the gram
panchyath as arbitrary, illegal, unjust and
colourable exercise of power and in violation of
Article 14, 19 and 21 of the constitution of India and
also the inaction of the respondents 2 and 3 in causing
an inquiry on the complaint and representation dated
21.10.2024 as illegal, arbitrary and violation of Article
14, 19 and 21 and of the Constitution of India and
against the principles of natural justice and
consequently direct the Respondents to permit the
petitioner to discharge his duties as Sarpanch of
Ramireddypalli Gram Panchayath, Chandragiri Mandal,
Tirupati District and to pass such other order or orders
as this Hon’ble Court may deem fit just and proper in
the circumstances of the case and to pass….”
5. It appears that the Writ Petitioner herein has filed the Writ Petition
No.25471 of 2024 in the month of October, 2024. The above prayer would
clearly indicate that the Writ Petitioner had sought a direction from this Court
against the Official Respondents therein to allow him to discharge his duties
as Sarpanch of Ramireddypalli Gram Panchayat. It is submitted that the said
Writ Petition is still pending on the file of this Court.
6. In view of the fact that the Writ Petitioner has approached this Court
seeking direction/indulgence to enable him to go to his Village and perform his
duties as Sarpanch, whereas, the Petitioner was prevented from discharging
his statutory functions as Sarpanch for the reasons recorded hereinabove
which are admittedly beyond his control, this Court is of the prima facie
opinion that the balance of convenience is in favour of the Writ Petitioner.
Accordingly, the impugned Proceeding issued by the District Panchayat
Officer (Respondent No.5) dated 12.06.2025 bearing
Rc.No.32/2024-A1 (Ex.P.1) shall remain suspended till the next listing.
4
7. At this stage, Sri P. Rajesh Kumar, learned Assistant Government
Pleader for Panchayat Raj seeks time to obtain Written Instructions.
8. List the matter on 23.06.2025 in the motion list, to enable Sri P. Rajesh
Kumar, learned Assistant Government Pleader for Panchayat Raj, to obtain
Written Instructions in this matter.
______________________________________
GANNAMANENI RAMAKRISHNA PRASAD, J
Dt: 20.06.2025
DSV/Vns