Andhra Pradesh High Court - Amravati
S. Bhupathi vs The State Of Andhra Pradesh on 2 August, 2021
Bench: D.V.S.S.Somayajulu
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVTI
(SPECIAL ORIGINAL JURISDICTION)
MONDAY , THE SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY ON
:PRESENT: 5
THE HONOURABLE SRI JUSTICE D.V.S.5. SOMAYAJULU
WRIT PETITION No. 14900 OF 2021
Between :-
5. Bhupathi, S/o S. Polachaiah, Aged about 47 years, School Assistar STEN
Municipal High School, Babu Agraharam, Srikalahasthi, Chittoor District. > ™ sy
AND &
1, The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal
. Administration and Urban Development Department, A.P. Secretariat,
Velagapudi, Amaravathi, Guntur District.
2. The Director of Municipal Administration Department, Gorantla, Guntur
District.
3. The Regional Director-cum- Appellate Commissioner of Municipal
Administration, Ananthapuram.
4. The Municipal Commissioner, Srikalahasti Municipality, Srikalahasthi, Chittoor
District.
.... 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 directions more particularly one in the nature of Writ of
Mandamus declaring the action of the 4th respondent in issuing proceedings Roc.
No, 3181/2019/C2 dt.07.07.2021 as illegal, arbitrary and violation of Articles 14, 16
and 21 of the Constitution of India apart from being in violation of the Principles of
Natural Justice and consequently set aside the said proceedings.
|.A.No. 1 of 2021 :-
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of W.P., the High Court may be pleased to stay all
further proceedings in pursuance of Roc.No.3181/2019/C2 dt.07.07.2021 of the 4"
respondent pending disposal W.P.No. 14900 of 2021, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the
affidavit filed in support thereof and upon hearing the arguments of Sri Motupalli
Vijaya Kumar, Advocate for the Petitioner and of the Govt. Pleader for A.G.P. for
Sservices-ll for Respondent Nos. 1 to 3.and of Sri P.C. Reddy, Standing Counsei for 4"
respondent, the Court made the following
ORDER :-
"Heard the learned counsel for the petitioner.
Sri P.C. Reddy, learned counsel, appears for the 4°" respondent and learned
AGP for Service IV appears for R-1 to R-3.
An order, dated 07-07-2021, is passed against the petitioner stating that
this appointment on 11-04-2021 (10 years ago ) is illegal and, therefore, they held
that excess payment was made to him and seeks to recover the same from him.
The learned counsel for the petitioner apart from raising an issue of fair rules of
principles of natural justice, relies upon para.18 of the judgment reported in
state of Punjab and Others vs. Rafiq Masih (White Washer) and
others [ (2015) 4 5CC 334 j to argue that such recovery is bad in law. This court
finds that a prima facie case is made out. Hence, there shall be an interim stay of
recovery of amount allegedly overpaid to the petitioner.
For counters, post on 07-09-2021." o
Sd/- M. SRINIVAS,
ASSISTANT REGISTRAR
//TRUE COPY// oe
for ASSISTANT REGISTRAR
To
1.The Principal Secretary, Municipal Administration and Urban Development
Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravathi,
Guntur District.
2.The Director of Municipal Administration Department, Gorantla, Guntur District.
3. The Regional Director-cum- Appellate Commissioner of Municipal Administration,
Ananthapuram.
4.The Municipal Commissioner, Srikalahasti Municipality, Srikalahasthi,
Chittoor District.
(Addressee Nos. 1 to 4 by RPAD)
5.Two CCs to the G.P. for Municipal Administration, High Court of A.P.,
At Amaravati(OUT)
6.One CC to Sri Motupalli Vijaya Kumar, Advacate(OQPUC)
7.One CC to Sri P.C. Reddy, Standing Counsel(OPUC)
8.One spare copy.
TKK
we
HIGH COURT
VSS.
DT.02-08-2021.
~ ORDER
W.P.No. 14900 of 2021.
INTERIM STAY
