Sri M.Nageswara Rao, Vs the State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

Sri M.Nageswara Rao, Vs the State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Permission accorded to the petitioner's counsel to withdraw the writ petition; the writ petition is dismissed as withdrawn; no order as to costs; miscellaneous petitions, if any, stand dismissed.

Issue for consideration

Whether the issuance of G.O.Rt No.114 dated 16.04.2024 (imposing article of charges for not taking steps to register a crime pertaining to the year 2014-2015) and G.O.Rt. No.52 dated 10.02.2025 (appointing an inquiry officer) by respondent no.1 against the petitioner — who, per his averment, took charge only in January 2020 and was not the concerned officer at the time of the alleged incident, with the relevant amount of Rs.12,69,997/- already recovered and punishment already awarded — is arbitrary, illegal, unfair and violative of Articles 14, 16, 21 and 311 of the Constitution, warranting quashing of both G.O.s. (Framed from the petitioner's prayer; not adjudicated — petition withdrawn.)

Detailed headnote1 paragraphs

Andhra Pradesh High Court at Amaravati (Special Original Jurisdiction) — Nyapathy Vijay, J. — 22.12.2025 — W.P.No.4694 of 2025 (APHC010091172025): Writ petition under Article 226 by a Joint Director of Fisheries, Nellore seeking quashing of charge memo G.O.Rt No.114 dated 16.04.2024 (articles of charge for not taking steps to register a crime pertaining to 2014-2015) and G.O.Rt. No.52 dated 10.02.2025 (appointment of inquiry officer), both issued by respondent no.1, contending they were arbitrary and violative of Articles 14, 16, 21 and 311, inter alia because the petitioner took charge only in January 2020, Rs.12,69,997/- stood recovered vide Rc.No.2706/A/2018 dt.23.02.2023 and punishment stood awarded vide G.O.Rt.No.176 dt.08.07.2022; an interim direction dated 25.02.2025 in I.A.No.1 of 2025 had stayed further proceedings. On the petitioner's counsel's letter dated 19.12.2025 seeking leave to withdraw, permission was accorded and the writ petition was dismissed as withdrawn; no costs; miscellaneous petitions if any stand dismissed. No issue on merits was adjudicated.

APHC010091172025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3460]

(Special Original Jurisdiction)

MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 4694/2025

Between:

SRI M.NAGESWARA RAO,, S/O. MEENIGA PULLANNA, AGED 62 YEARS, OCC JOINT DIRECTOR OF FISHERIES, NELLORE, R/O NEW AKSHAYA GARDENS, VANAMTHOPU - MINI BYPASS ROAD, NELLORE, ANDHRA PRADESH.

...PETITIONER

AND

THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SPECIAL CHIEF SECRETARY, ANIMAL HUSBANDRY, DAIRY DEVELOPMENT AND FISHERIES (AH-II) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, ANDHRA PRADESH.

THE COMMISSIONER OF FISHERIES, BANDAR ROAD, PORANKI, VIJAYAWADA, ANDHRA PRADESH.

...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 tomay be pleased to issue a Writ, order or direction, more particularly one on the nature of Writ of Mandamus to declare the action of the 1 Respondent in issuing G.O.Rt No.114, dated 16.04.2024 by imposing article of charges against the petitioner for not taking steps to register a crime pertaining to the year 2014-2015 and in furtherance issued G.O.Rt. No.52, dated 10.02.2025 i.e., appointing an inquiry officer, though

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the petitioner is not concerned officer at the time of the alleged incident as the petitioner took charge in the month January 2020 and the relevant amount of Rs. 12,69,997/- was recovered from the office concerned (T.Kalyanam) vide proceedings in Rc.No.2706/A/2018 dt.23.02.2023 and was further awarded with punishment, vide G.O.Rt.No.176 dt.08.07.2022, despite the said fact, the issuance of the impugned G.O.Rt.No.114 dt. 16.04.2024 and G.O.Rt. No.52, dated 10.02.2025 is demonstrably unfair, based on irrelevan evidence and considerations, abuse of process, wholly unjustifiable, unsustainable,' irrational, illegal, arbitrary, a colorable exercise of power, and in violation of the Principles of Natural Justice, as well as in. violation of Articles 14, 16, 21 and 311 of the Constitution of India, and it is consequently prayed to setaside/quash G.O.Rt No.114, dated 16.04.2024 and G.O.Rt. No.52, dated 10.02.2025 issued by the respondent no.1, against the petitioner and enable the petitioner to retire on 30.06.2025 for his unblemished service record for a period of around 35 years and to pass such

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 may be pleased to suspend the G.O.Rt No.114, dated 16.04.2024 i.e., imposing article of charges against the petitioner for not taking steps to register a crime pertaining to the year 2014-2015 and G.O.Rt. No.52, dated 10.02.2025 i.e., appointing an inquiry officer, issued by the respondent no.1 and to pass such

IA NO: 2 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 may be pleased to vacate the Interim direction in I.A.No. 1 of 2025 in W.P.No.4694 of 2025 dated 25.02.2025 and to dismiss the Writ Petition and pass

IA NO: 3 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition,

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the High Court may be pleased may be pleased to post WP No. 4694 OF 2025 under the caption of “For Being Mentioned” for modifying the Order dated 25.02.2025 into suspension of the charge memo issued by respondent No.1 vide G.O.Rt.No.114 Animal Husbandry, Dairy Development & Fisheries (Dy.&VIG.) Department, dated 16.04.2024 (Ex.P2), insofar as the petitioner is concerned, instead of Stay of all further proceedings in respect of charge memo issued by respondent No.1 vide G.O.Rt.No.114 Animal Husbandry, Dairy Development & Fisheries (Dy.&VIG.) Department, dated 16.04.2024 (Ex.P2), insofar as the petitioner is concerned and pass

Counsel for the Petitioner:

1.G V S KISHORE KUMAR

Counsel for the Respondent(S):

1.GP FOR SERVICES I

The Court made the following:

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HON’BLE SRI JUSTICE NYAPATHY VIJAY

W.P.No.4694 of 2025

ORDER :

Learned counsel for the Petitioner has filed a letter dated 19.12.2025 seeking permission of the Court to withdraw the writ petition.

Permission as sought for is accorded.

The writ petition is dismissed as withdrawn. No order as to

costs.

As a sequel, the miscellaneous petitions if any shall stand dismissed.

___________________ NYAPATHY VIJAY, J

Date: 22.12.2025 CHS

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION No. 4694 of 2025

Date:22.12.2025

CHS