Dismissed¶63

S Venkata Subbaiah v. the State of Andhra Pradesh

Andhra Pradesh HC8 Sept 2025WP/9849/2025

Case brief

AI extract

What is this about?

WP 9849 of 2025, High Court of Andhra Pradesh at Amaravati; Justice Nyapathy Vijay; order dated 09/09/2025; writ petition dismissed as withdrawn with liberty to file fresh writ petition; no costs; miscellaneous petitions closed; challenge to APSPDCL letter dated 28.03.2025 (D.No.1210/25) by Deputy Executive Engineer, Kadapa directing contractor Sri Singu Solutions to remove Shift Operator at 33/11KV SS Duggayapalli on ground of non-genuine certificates; natural justice / no notice allegations; Article 226 petition; Articles 14, 19, 21 invoked; 2024 INSC 638 cited in prayer only; interim application under Section 151 CPC.

What did the court decide?

Writ Petition dismissed as withdrawn, with liberty to the petitioner to file a fresh Writ Petition; no order as to costs; pending miscellaneous petitions, if any, closed. ¶63

S Venkata Subbaiah Vs the State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Writ Petition dismissed as withdrawn, with liberty to the petitioner to file a fresh Writ Petition; no order as to costs; pending miscellaneous petitions, if any, closed.

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Issue for consideration

Whether the action of respondent No.5 in issuing the letter dated 28.03.2025 directing respondent No.7 Contractor to remove the petitioner from service as Shift Operator at 33/11KV SS Duggayapalli, stating his certificates were not genuine, without notice or opportunity of hearing, is arbitrary, illegal and violative of the principles of natural justice.

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Ratio / Principle

At the time of hearing, learned counsel for the petitioner sought permission to withdraw the Writ Petition with a request to grant liberty to file a fresh Writ Petition, and the Court accorded permission.

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Key takeaways

The Writ Petition is dismissed as withdrawn, granting liberty to the Petitioner to file a Writ Petition afresh.ratio¶63
No order as to costs.ratio¶64
As a sequel, miscellaneous petitions, pending if any, shall stand closed.ratio¶65

Detailed headnote1 paragraphs

High Court of Andhra Pradesh at Amaravati (Special Original Jurisdiction), Nyapathy Vijay, J. - Writ Petition No. 9849 of 2025, decided 09.09.2025. The petitioner, engaged as a Shift Operator at 33/11KV SS Duggayapalli (Vallur Operation Section, YSR District) through contractor Sri Singu Solutions (respondent No.7), had challenged the letter dated 28.03.2025 (Lr.No.EE/O/KDP/AEE/JE/Tech/F./D.No.1210/25) issued by the Deputy Executive Engineer, Rural-II, Kadapa (respondent No.5) directing the contractor to remove him from service on the ground that his certificates were not genuine, alleging the action was taken without notice or opportunity of hearing and invoking U.P. State Road Transport Corporation v. Brigesh Kumar, 2024 INSC 638. At hearing, learned counsel for the petitioner sought permission to withdraw the writ petition with liberty to file a fresh writ petition. Held: permission accorded; the writ petition was dismissed as withdrawn with liberty to file afresh; no order as to costs; pending miscellaneous applications, if any, stood closed. No finding was recorded on the merits or on the alleged violation of natural justice.

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APHC010196422025

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m THE HIGH COURT OF ANDHRA PRADESH

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AT AMARAVATI

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(Special Original Jurisdiction)

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TUESDAY. THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE NYAPATHY

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WRIT PETITION NO: 9849 OF 2025

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Between:

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S.Venkata Subbaiah, S/o.S.Eswaraiah, Aged about 28 years, Occ: Shoft Operator, R/o.Saleem Nagar, Nandyal Town, Nandyal District.

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...Petitioner

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AND

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The State of Andhra Pradesh, rep., by its Principal Secretary Energy Department, Secretariat Buildings, Velagapudi, Amaravathi,^{GunturDistrict.}

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The Andhra Pradesh Southern Distribution Corporation Limited, Tirupathi, Tirupathi District, rep., by its Chairman and Managing^Director.

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The Superintending Engineer, Kadapa Operation Circle,^APSPDCL,YSR District. 4. The Executive Engineer, Kadapa Operations Circle,^APSPDCL,YSR District.

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The Deputy Executive Engineer, Rural-ll, Kadapa,^{APSPDCL,YSRDistrict.} 6. The Assistant Executive Engineer, Operations, Vallur, APSPDCL, Kadapa, YSR District.

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Sri Singu Solutions, Office at D.No.1-32-49/B, 1st Lane, Udyoga Nagar, Co-operative Building, 4^^ lane, SVN Colony Guntur rep., by its Manging Partner Mr. Rathna Kishore

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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 to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos.5 in issuing the letter in Lr.No.EE/O/KDP/AEE/JE/Tech/F. /D.No. 1210/25, dated 28.03.2025 directing the respondent No.7 Contractor^toremovethe petitioner from services as a Shift Operator at 33/11KV SS Duggayapalli in Vallur Operation Section, Vallur Mandal, YSR District stating that the certificates submitted by me are not genuine, without even putting him on notice and without giving him any opportunity of hearing and also the consequential action of the respondents No.3 to 7 obstructing him from rendering his services as Shift Operator at 33/11KV SS Duggayapalli in Operation Section Vallur as arbitrary, illegal, violation of the principles of natural justice and also contrary to the law laid down by the Hon'ble Apex Court in U.P. STATE ROAD TRANSPORT CORPORATION and ORS. Vs. BRIGESH KUMAR and ANR. reported in 2024 INSC 638 and^alsothewell- established legal principles, apart from being violative^{ofthefundamental} and the Constitutional rights guaranteed to me under Articles14, 19 and 21 of the Constitution of India and consequently set aside the letter in Lr.No.EE/0/KDP/AEE/JE/Tech/F. /D.No.1210/25, dated 28.03.2025 issued by the respondent No.5 lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents Nos.5 to 7 not to interfere with the duties of the

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Shift Operator at 33/11KV SS petitioner while rendering my services as a Kadapa, YSR District by Duggayapalli in Operation Section Vallur, suspending the letter in Lr.No.EE/O/KDP/AEE/JE/Tech/F. /D.No.1210/25, dated 28.03.2025 issued by the respondent No.5, pending^{disposalofthe} above Writ Petition and pass

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Counsel for the Petitioner: SRI V.R.REDDY KOWURI

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Counsel for the Respondent No.1: GP FOR ENERGY

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Counsel for the Respondent Nos.2 to 6: VENKATA RAMA^RAOKOTASC FOR APSPDCL

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Counsel for the Respondent No.7: --

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The Court made the following order:

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APHC010196422025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3460]

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(Special Original Jurisdiction)

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TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION NO: 9849/2025

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Between:

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1.S VENKATA SUBBAIAH, S/O.S.ESWARAIAH, AGED ABOUT 28 YEARS, OCC SHOFT OPERATOR, R/O.SALEEM NAGAR, NANDYAL TOWN, NANDYAL DISTRICT.

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...PETITIONER

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AND

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1.THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY ENERGY DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

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2.THE ANDHRA PRADESH SOUTHERN DISTRIBUTION CORPORATION LIMITED. TIRUPATHI, TIRUPATHI DISTRICT, REP., BY ITS CHAIRMAN AND MANAGING DIRECTOR.

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3.THE SUPERINTENDING ENGINEER. KADAPA OPERATION CIRCLE, APSPDCL, YSR DISTRICT.

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4.THE EXECUTIVE ENGINEER, KADAPA OPERATIONS CIRCLE, APSPDCL, YSR DISTRICT.

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5.THE DEPUTYEXECUTIVE ENGINEER, RURAL-LL, KADAPA. APSPDCL. YSR DISTRICT.

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6.THE ASSISTANT EXECUTIVE ENGINEER. OPERATIONS, VALLUR, APSPDCL, KADAPA, YSR DISTRICT.

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7.SRI SINGU SOLUTIONS, OFFICE AT D NO 1-32-49/B 1ST LANE, UDYOGA NAGAR, CO-OPERATIVE BUILDING, 4TH LANE, SVN COLONY GUNTUR REP., BY ITS MANGING PARTNER MR. RATHNA KISHORE

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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 Fligh Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos.5 in issuing the letter in Lr.No.EE/ 0/ KDP/ AEE/ JE/ Tech/ F./ D.No. 1210/25, dated 28.03.2025 directing the respondent No.7 Contractor to remove the petitioner from services as a Shift Operator at 33/11KV SS Duggayapalli in Vallur Operation Section, Vallur Mandal, YSR District stating that the certificates submitted by me are not genuine without even putting him on notice and without giving him any opportunity of hearing and also the consequential action of the respondents No.3 to 7 obstructing him from rendering his services as Shift Operator at 33/11KV SS Duggayapalli in Operation^{SectionVallur} as arbitrary, illegal, violation of the principles of natural justice and also contrary to the law laid down by the Flon'ble Apex Court in U.P. STATE ROAD TRANSPORT CORPORATION and ORS. Vs. BRIGESH KUMAR and ANR. reported in 2024 INSC 638 and also the well established legal principles, apart from being violative of the fundamental and the Constitutional rights guaranteed to me under Articles14, 19 and 21 of the Constitution of India and consequently set-aside the letter in Lr.No.EE/O/KDP/AEE/JE/Tech/F. /D.No.1210/25, dated 28.03.2025 issued by the respondent No.5 and pass such other order.

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lA 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 respondents Nos.5^{to7nottointerfere} with the duties of the petitioner while rendering my services as a Shift Operator at 33/11KV SS Duggayapalli in Operation Section Vallur Kadapa, YSR District by suspending the letter in Lr.No.EE/O/KDP/AEE/JE/Tech/F./D.No.1210/25, dated 28.03.2025 issued by the respondent No.5, pending disposal of^the above Writ Petition and pass such other order.

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Counsel for the Petitioner:

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1.VR REDDY KOWURI

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Counsel for the Respondent(S):

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VENKATA RAMA RAO KOTA SC FOR APSPDCL

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2.GP FOR ENERGY

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The Court made the following:

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION No.9849 of 2025

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ORDER:

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At the time of hearing, learned counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition with a request to grant liberty to the writ petitioner to file fresh Writ Petition.

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