Dismissed¶40

Kopela Devaraju v. the State of Andhra Pradesh

Andhra Pradesh HC4 Aug 2025WP/5360/2025

Case brief

AI extract

What is this about?

Dismissed as withdrawn; withdrawal permitted; no costs. Keywords: writ of mandamus; respondents' inaction; representation dated 09-12-2024; Kotcherla Gram Panchayat; Grama Sarpanch administrative sanction; Gram Panchayat resolutions absent; old bills financial year 2018-2019; upright disbursement of funds; G.O. Ms. No. 432 Dated 30.10.2013 cheque-issuance guidelines; Article 226; Articles 14, 19, 21; Section 151 CPC (IA Nos. 1 and 2 of 2025); R8 M Tirupataiah suo motu impleaded per Court order dt. 05.03.2025; amendment of district name Dr. B.R. Ambedkar Konaseema to Palnadu; no cases cited; no quantum involved.

What did the court decide?

Permission to withdraw the writ petition granted; petition dismissed as withdrawn with no costs; pending miscellaneous petitions, if any, closed as a sequel. ¶40

Kopela Devaraju Vs the State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Permission to withdraw the writ petition granted; petition dismissed as withdrawn with no costs; pending miscellaneous petitions, if any, closed as a sequel.

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Issue for consideration

Whether the respondents' inaction in considering the petitioner's representation dated 09-12-2024 — seeking action against Respondent No. 7 (Kotcherla Gram Panchayat) for disbursement of funds against old bills of FY 2018-2019 without the Sarpanch's administrative sanction and without Gram Panchayat resolutions — was unjust, illegal and arbitrary, infringing Articles 14, 19 and 21 of the Constitution and derogating from the cheque-issuance guidelines in G.O. Ms. No. 432 dt. 30.10.2013, warranting a writ of mandamus.

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Ratio / Principle

Permission sought by learned counsel for the petitioner (supported by letter dated 31.07.2025 filed before the Registry) to withdraw the writ petition is accorded.

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Key takeaways

The Writ Petition is dismissed as withdrawn; no costs are awarded; as a sequel, miscellaneous petitions, if any, pending shall stand closed. The petition was withdrawn before adjudication, so no finding was made on the merits (mandamus/inaction issue left undecided).ratio¶40

Detailed headnote1 paragraphs

Andhra Pradesh High Court (Amaravati), Writ Petition No. 5360 of 2025 — Venkateswarlu Nimmagadda, J., decided 05.08.2025. A Grama Sarpanch of Kotcherla village had sought a writ of mandamus directing the State and Panchayat Raj functionaries to consider his representation dt. 09.12.2024 seeking action against Kotcherla Gram Panchayat (Respondent No. 7) for disbursement of funds against old bills of FY 2018-2019 without his administrative sanction as Sarpanch and without Gram Panchayat resolutions, alleging infringement of Articles 14, 19 and 21 and violation of the cheque-issuance guidelines in G.O. Ms. No. 432 dt. 30.10.2013. Before adjudication, counsel for the petitioner sought leave to withdraw the petition (letter dt. 31.07.2025 filed before the Registry); leave was accorded and the writ petition was dismissed as withdrawn, with no costs, pending miscellaneous petitions standing closed as a sequel. No merits were decided and no precedent was cited.

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APHC010086692025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3329]

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TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5360/2025

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Between:

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KOPELA DEVARAJU, S/O JEEVARATNAM, AGED ABOUT 44, OCCUPATION GRAMASARPANCH OF KOTCHERLA VILLAGE, D.NO. 5-136, KOTCHERLA VILLAGE, IPUR MANDAL, PALNADU DISTRICT, -533 217

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR, ANDHRA PRADESH.

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THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT, PVS ICON BUILDING, TADEPALLI, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH.

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THE DISTRICT COLLECTOR, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH.

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THE DISTRICT PANCHAYAT OFFICER, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH.

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THE MANDAL REVENUE OFFICER, IPURMANDAL KONASEEMA DISTRICT, ANDHRA PRADESH. DR. B.R. AMBEDKAR

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THE MANDAL PARISHAD DEVELOPMENT OFFICER MPDO, IPURMANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT,

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ANDHRA PRADESH

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KOTCHERLA GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, KOTCHERLA VILLAGE, IPUR MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT ANDHRA PRADESH.

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M TIRUPATAIAH, KOTCHERLA GRAM PANCHAYAT SECRETARY, IPUR MANDAL, PALNADU DISTRICT, ANDHRA PRADESH. R8 IS SUO MOTO IMPLEADED AS PER THE COURT'S ORDER DT.05.03.2025.

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...RESPONDENT(S):

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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 topleased to issue a Writ Order of direction particularly, one in the nature of Writ of Mandamus declaring the inaction of the Respondents in considering the Petitioner's representation dated 09-12-2024, seeking action against Respondent No. 7 for the upright disbursement of the funds in respect of old bills arising from the financial year of 2018-2019 without the administrative sanction accorded by the petitioner being the Sarpanch and without any Gram Panchayat Resolutions as unjust, illegal, and arbitrary, amounting to the infringement of the Fundamental Rights guaranteed under Articles 14, 19, and 21 of the Constitution of India besides being in derogation of the guidelines for issuing Cheques by the Gram Panchayats issued in G.O. Ms. No. 432 Dated 30.10.2013 issued by the respondent no.1 and consequently direct the respondents to consider the representation dated 0912-2024 duly initiating action against the respondent no.7 for the upright disbursement of funds in respect of old bills arising from the financial year of 2018-2019 without the administrative sanction accorded by the petitioner being the Sarpanch in accordance with the rules in vogue and to pass

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IA NO: 1 OF 2025

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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 direct the Respondent authorities to act upon the representations dated 09-12-2024 submitted by the Petitioner for initiating action against the respondent no.7 for the upright disbursement of funds in respect of old bills arising from the financial year of 2018-2019 without the administrative sanction accorded by the petitioner being the Sarpanch in accordance with the rules in vogue pending disposal of the above writ petition and to pass

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IA NO: 2 OF 2025

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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 this Hon'ble Court may be pleased to permit the petitioner to amend the district name of Respondent Nos. 3 to 7 in the cause title of W.P. No. 5360 of 2025. AS 3. The District Collector, Palnadu District, Andhra Pradesh. 4. The District Panchayat Officer, Palnadu District, Andhra Pradesh. 5. The Mandal Revenue Officer, Ipur Mandal, Palnadu District, Andhra Pradesh 6. The Mandal Parishad Development Officer (MPDO), Ipur Mandal, Palnadu District, Andhra Pradesh 7. Kotcherla Gram Panchayat, Rep. by its Panchayat Secretary, Kotcherla Village, Ipur Mandal, Palnadu district, Andhra Pradesh. INSTEAD OF 3. The District Collector, Dr. B. R. Ambedkar Konaseema District, Andhra Pradesh. 4.The District Panchayat Officer, Dr. B. R. Ambedkar Konaseema District, Andhra Pradesh. 5. The Mandal Revenue Officer, Ipur Mandal, Dr. B. R. Ambedkar Konaseema District, Andhra Pradesh 6. The Mandal Parishad Development Officer (MPDO), Ipur Mandal, Dr. B. R. Ambedkar Konaseema District, Andhra Pradesh 7. Kotcherla Gram Panchayat, Rep. by its Panchayat Secretary, Kotcherla Village, Ipur Mandal, Dr. B. R. Ambedkar Konaseema District, Andhra Pradesh, and pass

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Counsel for the Petitioner:

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1.JADA SRAVAN KUMAR

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Counsel for the Respondent(S):

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1.GP FOR PANCHAYAT RAJ RURAL DEV

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2.GP FOR REVENUE

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The Court made the following:

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO.5360 OF 2025

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ORDER:

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Ms.N.Rajani, learned counsel representing learned counsel for

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the petitioner(s) seeks permission of this Court to withdraw the present writ petition. To that effect, learned counsel for the petitioner also filed a letter

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dated 31.07.2025 before the Registry.

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