Petitioners alleged removal from a DWACRA self-help group without hearing and non-consideration of representations by the District Collector. The court disposed of the writ petition directing respondent No.3 to consider the representations and pass orders within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)
TUESDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 2887 OF 2024
Between:
...PETITIONER(S)
AND
...RESPONDENTS
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, order or direction more particularlyone in the nature of WRIT OF MANDAMUS declaring the action of the 3rd respondent in not considering the petitioners representation dated 12.07.2021, 19.07.2021 and 16.08.2021, thereby requesting to continue our membership in 7'^ respondent
society is illegal, irregular, arbitrary, violative of principles of natural justice and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents 5, 6 and 7 to continue the petitioners as members of the 7th respondent group.
lA NO: 1 OF 2024
thp Section 151 CPC praying that in the circumstancesstated i r.n Court may be pleased to 7» ® ^ continue the petitioners as members of the 7 respondent group, pending disposal of the main Writ Petition.
lA NO: 2 OF 2024
the Section 151 CPC praying that in the circumstancesstatedin dhLt ?he 1 H '^'9'' Court may be pleased to 1^07 2021 IQ 07 2n2"i a 1 e ^presentations dt. Writ Petition°^^' 16.08.2021, pending disposal of the main
Counsel for the Petltioner(s): SRI. KOLLURI ARJUN CHOWDARY
Counsel for the Respondents 1 & 3: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No. 2: None appeared Respondent Nos. 4 to 7; SRI HARISH KUMAR RASINENI, SC FOR COOPERATIVE VILLAGE SOCIETY The Court made the following: ORDER
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.2887 of 2024
ORDER:
The present Writ Petition came to be filed under Article226
of the Constitution of India seeking the followingrelief:-
“...to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 3’'‘^ respondent in not considering the petitioners representation dated 12.07.2021 19.07.2021 and 16.08.2021 thereby requesting to continue our membership in 7'^ respondent society is illegal, irregular, arbitrary, violative of principles of natural justice and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents 5, 6 and 7 to continue the petitioners as members of the 7'^ respondent group .. ”
- Heard learned counsel for the petitioners and learned counsel appearing for the respondents.
- The case of the petitioners, in brief, is that the petitioners
are the members of the Prasanthalakshmi Self Help Group formed under DWACRA (Development of Women and Childrenin Rural Areas) Scheme in Muwavaripalem village, which was formed in 1999. Said group consists of 10 members andtheir group is registered vide ID No.010829180160501011 andhaving account vide Savings Accounts No. 19041510505 in A.P.Pragati Grameena Bank. All the self Help Groups in the villageformed into a Village Organization i.e., M.V. PalemGramikyaSangam.
2
After registration of their group in the DWACRA scheme, the petitioners are continued till mid-2021 without any issues. While the things stood thus, during mid 2021, under the guise of ruling party leaders in Muwavaripalem village, who is having political enmity with the petitioners group have orderedtoremove the petitioners from the Prashanta Lakshmi Self Help Group and to accommodate their followers in their place. Accordingly,the respondents 5, 6 and 7, even without providing any opportunity of hearing, have removed the names of the petitioners. Hence, the petitioners personally approached the respondent/ District Collector and submitted representations dated 12.07.2021, 19.07.2021 and 16.08.2021 through Spandana requesting to continue their membership in 7^1 respondent society, But no action has been initiated by the respondent on their representations. Hence, the present Writ Petition.
- Considering the submissions and in view of the fact that the representations dated 12.07.2021, 19.07.2021 and 16.08.2021 are pending consideration before the S^d respondent, instead of kept pending the Writ Petition, this Courtdeems it appropriate to dispose the same, directing the respondentNo.3 herein to consider the representations/applications dated 12.07.2021, 19.07.2021 and 16.08.2021 submitted through
3
Spandana programme and pass appropriate orders in accordance with law, within a period of two (02) weeks from the date of
receipt of a copy of the order.
There shall be no order as to costs.
As a sequel, miscellaneous applications, pending, ifany.
shall also stand closed.
Sd/- V. SAVITHRI GOWRI ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To.
Madhu gl
HIGH COURT
DATED:06/02/2024
ORDER
WP.No.2887 of 2024
DISPOSING THE WP WITHOUT COSTS
5'i
1 issue framed by the court
Whether the District Collector should be directed to consider the petitioners' representations seeking continuation of their membership in the self-help group society.
2 provisions across 2 enactments
Yeluri Lalitha
A. Sarojini
A. Nagamma
The State of AP, Rep. by its Principal Secretary to Government, Panchayat Raj and Rural Development Department
Chief Executive Officer, Society for Elimination of Rural Poverty (SERP), Velugu
District Collector (Panchayat Raj Wing), Prakasam District at Ongole
V. Sujatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
