Andhra Pradesh High Court - Amravati
B Jaya Rami Reddy vs The State Of Andhra Pradesh on 22 February, 2021
Bench: M.Satyanarayana Murthy
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISDICTION)
MONDAY, THE TWENTY SECOND DAY OF FEBRUARY,
TWO THOUSAND AND TWENTY ONE ~™
:PRESENT:
THE HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO: 4190 OF 2021.
Between:
B.Jaya Rami Reddy, S/o Bhikshalu Reddy, Aged 44 years, (Excise Inspector) SHO
Gajuwaka, Special Enforcement Bureau, Visakhapatnam, R/o Flat No.464, RH colony,
Dibbapalem, Visakhapatnam 530026.
...Petitioner
AND
1. The State of Andhra Pradesh, Rep.by Principal Secretary, Revenue (Excise)
Department, Secretariat Building, Velagapudi, Amaravati,Guntur District.
2. The State of Andhra Pradesh, Rep. by its Ex-officio Principal Secretary to
Government, Special Enforcement Bureau Department, Secretariat Building,
Velagapudi, Amaravati, Guntur District.
3. The Commissioner of Prohibition and Excise,, Government of Andhra Pradesh,
Prasadampadu, Vijayawada, Krishna District.
4. The Commissioner, Special Enforcement Bureau, Government of Andhra
Pradesh, Prasadampadu, Vijayawada, Krishna 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 an appropriate writ, order or direction more particularly one in the nature of writ of
Mandamus to declare GO Ms.No.154, Rev. (Ex.l) Dept., Dt.17.05.2020 in so far as
allocating the petitioner to the 2° respondent Department as illegal, arbitrary and
violative of Articles 14, 16 and 21 of Constitution of India apart from violation of the
provisions of the Presidential Order and further direct the respondents to immediately
repatriate the petitioner to his parent Department i.e., Prohibition and Excise
Department under respondents 1 and 3.
1A NO: 1 OF 2021
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 to direct the
respondents to repatriate the petitioner to Proh. and Excise Department by suspending
the GO Ms.No.154, Rev. (Ex.!) Dept., Dt.17.05.2020 in so far as allocating the petitioner
to Special Enforcement Bureau, in the interest of justice, pending disposal of WP 4190
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 arid upon hearing the arguments of Sri Motupalli Vijaya Kumar,
Advocate for the Petitioner and GP for Prohibition & Excise for the Respondents, the
Court made the following.
ORDER:
"For filling counter affidavit, post after three weeks.
In the meanwhile, the respondents are directed to dispose of the
representation dated 29.01.2021 submitted by the petitioner, in accordance with
law, keeping in view the judgment of this Court in Government of Andhra Pradesh
v. P.Vema Reddy, [(2007) 4 ALD 209 (DB)]." '
Sd/-Ch.V.Subramanya Sarma
ASSISTANT REGISTRAR
HTRUE COPY// SECTION OFFICER
For,
To,
1. The Principal Secretary, Revenue (Excise) Department, Secretariat Building,
Velagapudi, Amaravati,Guntur District, State of Andhra Pradesh.
2. The Ex-officio Principal Secretary to Government, Special Enforcement Bureau
Department, Secretariat Building, Velagapudi, Amaravati, Guntur District, State
of Andhra Pradesh.
3. The Commissioner of Prohibition and Excise, Government of Andhra Pradesh,
Prasadampadu, Vijayawada, Krishna District.
4. The Commissioner, Special Enforcement Bureau, Government of Andhra
Pradesh, Prasadampadu, Vijayawada, Krishna District. (Addresses 1 to 4 by
RPAD) se
One CC to Sri. Motupalli Vijaya Kumar, Advocate [OPUC]
Two CCs to GP for Prohibition & Excise, High Court of AP [OUT]
One spare copy
Zoe
M
HIGH COURT
MSMJ
DATED:22/02/2021
ORDER
WP.No.4190 of 2021
INTERIM DIRECTION
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