Andhra Pradesh High Court
WP/30878/2024 of ATHYALA TRIPATHAMMA Vs THE STATE OF AP on 31 December 2024
COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY , THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 30878 OF 2024 Between: 1. ATHYALA TRIPATHAMMA, W/o. Anjaneyulu, Aged 39 years, Occ
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI(Special Original Jurisdiction)
TUESDAY ,THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 30878 OF 2024
Between:
1. ATHYALA TRIPATHAMMA,W/o.Anjaneyulu, Aged39years,OccResourcePerson(RP),R/o. AmbedkarNagar,ChimakurthyMandalPrakasam District.ResourcePerson(RP),R/o. AmbedkarNagar,ChimakurthyMandalPrakasam District.
AND
...PETITIONER
1.THE STATE OF AP, Rep. by its Principal Secretary to[Government,]Municipal Administration and Urban Development Department,Secretariat, Velagapudi, Amaravati, Guntur District.Municipal Administration and Urban Development Department,Secretariat, Velagapudi, Amaravati, Guntur District.
2.Mission For Elimination of Poverty in Municipal Areas(MEPMA),, Rep.byits Mission Director, Guntur, Andhra Pradesh.its Mission Director, Guntur, Andhra Pradesh.
3.District Collector,, Prakasam District at Ongole.
4.Project Director,, MEPMA, Prakasam District at Ongole.
5.City Mission Organizer,, Chimakurthy Municipality, Chimakurthy,Prakasam District.Prakasam District.
6.City Mission Manager,, Chimakurthy Municipality, ChimakurthyPrakasam District.Prakasam District.
7.Bhima Bhai Women Mutually Aided Cooperative Society[Limited]»»Rep.by its President, Rampathoti Anjamma, W/o. Hanumantha[Rao]Aged about 45 years, R/o. Ambedkar Nagar, Chimakurthy[Mandal,]Prakasam District.Rep.by its President, Rampathoti Anjamma, W/o. Hanumantha[Rao]Aged about 45 years, R/o. Ambedkar Nagar, Chimakurthy[Mandal,]Prakasam District.
8.Dodia Rajani Kumari,, W/o. Srinu, Aged 42 years, R/o.[Ambedkar]Nagar, Chimakurthy, Prakasam District.Nagar, Chimakurthy, Prakasam District.
...RESPONDENTS
Petitionunder Article 226 of the Constitution of India praying that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to to issue a writ, order or direction more particularly onein thenature of writ of mandamus declaring the action of the respondents 5 and 6
in not allowing me to perform my duties as Resource Person (RP)[ in] 7threspondent Society as illegal, irregular, arbitrary,[violative][ of][ principles][ of]natural justice and offends Articles 14 and 21of Constitution[of][ India][ and]consequently direct the respondents not to interfere in performing my dutiesasResourcePerson(RP)inthe7threspondentsociety andpaythehonorarium and pass lA NO: 1 OF 2024
Petition under Section 151 CPCpraying that in the[circumstances][ stated][ in]the affidavit filed in support of the petition, the High Court may be pleasedto direct the respondents to allow the petitioner to performing her duties asResource Person(RP) in the 7th respondent society by paying honorarium,pending disposal of the main Writ Petition and pass Counsel for the Petitioner(s):SRI. PANGULURU RACHANA
Counsel for the Respondents: GP FOR SERVICES IV
Counsel for the Respondents: GP FOR SERVICESI
The Court made the following: ORDER
APHC010592692024
IN THE HIGH COURT OF ANDHRA PRADESH050AT AMARAVATI■ft(Special Original Jurisdiction)
[3331]
TUESDAY. THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 30878/2024
Between:
Athyala Tripathamma
...PETITIONER
AND
The State Of Ap and Others
Counsel for the Petitioner:
...RESPONDENT(S)
1.PANGULURU RACHANA
Counsel for the Respondent{S):
1.GP FOR SERVICES IV
2.GP FOR SERVICESI
The Court made the following:
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ORDER
HeardSmt.PanguluruRachana,learned counselforpetitioner,SriS.Raju, learned Assistant Government Pleader for Services-I for Respondents"1 & 3 and Smt.Sodum Anvesha, learned standing counsel for Respondents 2,4 to 6.Notice in respect of respondents 7 and 8 is dispensed with, since noadverse orders are passed against them.
2. Petitioner, Resource Person of 7**^ respondent-society[filed][ the][ above]writ petition, to declare the action of respondents 5 and 6 in not allowing thepetitioner to discharge her duties as Resource Person, as illegal and arbitrary.writ petition, to declare the action of respondents 5 and 6 in not allowing thepetitioner to discharge her duties as Resource Person, as illegal and arbitrary.
3. Learned counselforpetitioner would submit that the petitionerisamember of VasundharaSelf Help Group and about 26Self Help Groupsconsistingof 10 members each, formed an organizationviz., Bhima BhaiWomen Mutually Aided Cooperative Society Limited.She[would][ submit][ that]the petitioner was elected as Resource Person on 12.12.2019[and][ again][ re]elected on21.11.2023.She wouldalso submit that after changein theGovernment, the respondents5 and6 are preventing[the]petitioner fromperforming her duties and also did not provide Online[App.]member of VasundharaSelf Help Group and about 26Self Help Groupsconsistingof 10 members each, formed an organizationviz., Bhima BhaiWomen Mutually Aided Cooperative Society Limited.She[would][ submit][ that]the petitioner was elected as Resource Person on 12.12.2019[and][ again][ re]elected on21.11.2023.She wouldalso submit that after changein theGovernment, the respondents5 and6 are preventing[the]petitioner fromperforming her duties and also did not provide Online[App.]
4. Per contra, learned standing counselfor respondents2, 4to6, oninstructions, would submit that the respondents 5 and 6[ neither][ interfering][ with]the petitioner’s discharging the duties as Resource[Person][ nor][ preventing][ the]petitioner from accessing the Online App.She would[also][ submit][ that]if theauthority intends to take any action, they would follow[due][ process.]instructions, would submit that the respondents 5 and 6[ neither][ interfering][ with]the petitioner’s discharging the duties as Resource[Person][ nor][ preventing][ the]petitioner from accessing the Online App.She would[also][ submit][ that]if theauthority intends to take any action, they would follow[due][ process.]
5. As seen from Exs.P1 and P2 resolutions, there is no dispute regardingthe petitioner being elected as Resource Person ofrespondent-society anddischarging her duties as such.
6. Giventheoralinstructionsoflearnedstandingcounselthattherespondents 5 and 6 are not interfering with the petitioner’s[discharging][ her]duties as Resource Person, the Writ Petition is disposed[of at][ the][ admission]stage, with the consent of both the counsel, directing[the][ respondents][ 5][ and][ 6]not to interfere with the petitioner’s discharging[the][ duties][ as][ Resource][ Person]of 7*^ respondent-society, without following due process.No costs.respondents 5 and 6 are not interfering with the petitioner’s[discharging][ her]duties as Resource Person, the Writ Petition is disposed[of at][ the][ admission]stage, with the consent of both the counsel, directing[the][ respondents][ 5][ and][ 6]not to interfere with the petitioner’s discharging[the][ duties][ as][ Resource][ Person]of 7*^ respondent-society, without following due process.No costs.
As a sequel, pending miscellaneous petitions, if any,[shall][ stand][ closed.]
//TRUE COPY//
Sd/- M. SRINIVASASSISTANT REGISTRAR
To
SECTION OFFICER
1. THE STATE OF AP, Rep. by its Principal Secretary[to][ Government]Municipal Administration and Urban Development Department,Secretariat, Velagapudi, Amaravati, Guntur District.Municipal Administration and Urban Development Department,Secretariat, Velagapudi, Amaravati, Guntur District.
2. Mission For Elimination of Poverty in Municipal[Areas(MEPMA),,][ Rep.by]its Mission Director, Guntur, Andhra Pradesh.its Mission Director, Guntur, Andhra Pradesh.
3. District Collector,, Prakasam District at Ongole.
4. Project Director,, MEPMA, Prakasam District at Ongole.
5. City Mission Organizer,, Chimakurthy Municipality,[Chimakurthy,]
Prakasam District.
6. City Mission Manager,, Chimakurthy Municipality,[Chimakurthy]Prakasam District.Prakasam District.
7. Bhima Bhai Women Mutually Aided Cooperative Society[Limited,,]Rep.by its President, Rampathoti Anjamma, W/o. Hanumantha[Rao,]Aged about 45 years, R/o. Ambedkar Nagar, Chimakurthy[Mandal,]Prakasam District.Rep.by its President, Rampathoti Anjamma, W/o. Hanumantha[Rao,]Aged about 45 years, R/o. Ambedkar Nagar, Chimakurthy[Mandal,]Prakasam District.
8. Dodla Rajani Kumari,, W/o. Srinu, Aged 42 years,[R/o.][ Ambedkar]Nagar, Chimakurthy, Prakasam District.Nagar, Chimakurthy, Prakasam District.
9. One CC to SRI. PANGULURU RACHANA Advocate [OPUC]
10. Two CCS to GP FOR SERVICES IV,High Court Of Andhra11.^"^^^^^wo^Ss to GP FOR SERVICESI ,High Court Of AndhraPradesh. [OUT]11.^"^^^^^wo^Ss to GP FOR SERVICESI ,High Court Of AndhraPradesh. [OUT]
12. THREE CD COPIES
KR
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HIGH COURT
DATED:31/12/2024
ORDER
WP.No.30878 of 2024
g2 \ IAN 2'14?'^. Current Section!!S:a£^SPATCV\^.- DISPOSING THE WP WITHOUT COSTS
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