criminal law, procedure
 31 Jan, 2026
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K. Harinath Reddy Vs. The State of Andhra Pradesh

  Andhra Pradesh High Court WRIT APPEAL NO: 966/2025
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APHC010454482025

Judgment reserved on : 08.01.2026

Judgment pronounced on : 31.01.2026

Judgment uploaded on : 31.01.2026

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

[

[3545]

WEDNESDAY,THE TWENTY EIGHTH DAY OF JANUARY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE BATTU DEVANAND

THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA

WRIT APPEAL NO: 958/2025

Between:

1. V SUMANTH BABU, S/O. SATYABABU, AGED 26 YEARS, OCC

VILLAGE AGRICULTURAL ASSISTANT CHOLLAVEEDU VILLAGE,

RACHERLA MANDAL, PRAKASAM DISTRICT, NOW POSTED TO

POSTED TO EDUMUDI(VI), N.G.PADU(M), PRAKASAM DISTRICT.

2. T. RAMANA REDDY, S/O PEDDA PULLA REDDY, AGED 42 YEARS,

OCC VILLAGE AGRICULTURAL ASSISTANT, WORKING AT

SALAKALAVEEDU (V), BESTAVARIPETA (M), PRAKASAM

DISTRICT, NOW POSTED TO VISWANATHAPURAM (V),

THRIPURANTHAM (M), PRAKASAM DISTRICT.

3. DURGAM JILAN,, S/O. KULLAYAPPA, AGED 42 YEARS, OCC

VILLAGE AGRICULTURAL ASSISTANT WORKING AT

GUDIPATIPALLI (VI), VELIGANDLA (M), PRAKASAM DISTRICT,

NOW POSTED TO TANUBODDIVARI PALEM (VI), YADDANAPUDI

(M), BAPATLA (DT)

4. K. V. DHANUSHA SREE, , D/O. K.V. PRASAD, AGED 33 YEARS,

OCC VILLAGE AGRICULTURAL ASSISTANT, WORKING AT

RAJUPALEM VILLAGE, TRIPURANTHAKAM MANDAL PRAKASAM

DISTRICT. VELLAMPALLI VILLAGE, MADDIPADU MANDAL

PRAKASAM DISTRICT.

5. T. CHENNAREDDY,, S/O. PEDDA BALIREDDY, AGED 38 YEARS,

OCC VILLAGE AGRICULTURAL ASSISTANT WORKING AT

CUMBUM 2 RSK, CUMBUM (M), PRAKASAM DISTRICT, NOW

POSTED TO MYDUKUR MANDAL, YSR KADAPA DISTRICT,

2

ERSTWHILE PRAKASAM DISTRICT.

6. M. BALA KRISHNA,, S/O. MUGGAIAH, AGED 33 YEARS, OCC

VILLAGE AGRICULTURAL ASSISTANT WORKING AT MP

CHERUVU (V), BESTAVARIPETA (M), PRAKASAM DISTRICT, NOW

POSTED TO KONANKI VILLAGE, MARTHUR MANDAL, BAPTLA,

ERSTWHILE PRAKASAM DISTRICT.

7. A. SRINIVASULU,, S/O CHINA ANKAIAH, AGED 25 YEARS, OCC

VILLAGE AGRICULTURAL ASS ISTANT WORKING AT PO PALLI

(VI), BESTAVARIPETA (M), PRAKASAM(DT), NOW POSTED TO

JONNATHALI (VI), MARTUR (M), BAPATLA ERSTWHILE

PRAKASAM DISTRICT.

...APPELLANT(S)

AND

1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL

SECRETARY, DEPARTMENT OF GRAM A SACHIVALAYAMS AND

WARD SACHIVALAYAMS, SECRETARIAT, AMARAVATHI.

2. THE DIRECTOR, GRAMA SACHIVALAYAMS AND WARD

SACHIVALAYAMS DEPARTMENT, JAWAHAR AUTO NAGAR,

VIJAYAWADA KRISHNA DISTRICT - 16-06-2025.

3. THE DISTRICT COLLECTOR, PRAKASAM, ERSTWHILE

PRAKASAM DISTRICT.

4. THE DISTRICT AGRICULTURAL OFFICER, PRAKASAM,

ERSTWHILE PRAKASAM DISTRICT.

5. U HARSHAVARDHINI, OCC VILLAGE AGRICULTURAL

ASSISTANT, POSTED TO POSTED TO ANUMULAPALLI(VI),

RACHERLA(M) PRAKASAM DISTRICT.

6. U VENKATA RAMANA, OCC VIL LAGE AGRICULTURAL

ASSISTANT, POSTED TO J.P.CHERUVU(VI) RACHERLA(M),

PRAKASAM(DT)

7. K SIVAYOGA NANDHINI, OCC VILLAGE AGRICULTURAL

ASSISTANT, POSTED TO YADAVALLI (VI) RACHERLA(M),

PRAKASAM(DT)

8. KARNATI KONDA REDDY, OCC VILLAGE AGRICULTURAL

ASSISTANT, POSTED TO KANDHULAPURAM- 1 (V) CUMBUM

(M), PRAKASAM(DT)

3

9. REDDY SUJATHA, OCC VILLAGE AGRICULTURAL ASSISTANT,

POSTED TO NEKUNAMBAD (V), BESTAVARIPETA(M),

PRAKASAM DISTRICT.

10. KUKKA MAHESH, OCC VILLAGE AGRICULTURAL ASSISTANT,

POSTED TO KANCHIP ALLI (V), GIDDALUR (M), PRAKASAM

DISTRICT.

11. ANUMULA PRAVEEN KUMAR, OCC VILLAGE AGRICULTURAL

ASSISTANT POSTED TO BESTAVARIPETA (V),

BESTAVARIPETA(M) PRAKASAM DISTRICT.

12. LINGAM NAGAVARDHANA, OCC VILLAGE AGRICULTURAL

ASSISTANT, POSTED TO SALAKAL AVEEDU (V),

BESTAVARIPETA(M) PRAKASAM(DT)

13. SM ABDUL AZAD, OCC VILLAGE AGRICULTURAL ASSISTANT,

POSTED TO MP CHERUVU (V), BESTAVARIPETA(M),

PRAKASAM DISTRICT.

14. KRISHAN KIRAN NAIK, OCC VILLAGE AGRICULTURAL

ASSISTANT, POSTED TO NARASAYAPALEM,

YERRAGONDLAPALEM, PRAKASAM DISTRICT.

15. CHINTHAGUNTLA KALPANA, OCC VILLAGE AGRICULTURAL

ASSISTANT, POSTED TO MOTUMALA (V), KOTHAPATNAM (M)

PRAKASAM DISTRICT.

16. NAGAM NAGARAJU, OCC VILLAGE AGRICULTURAL ASSISTANT,

POSTED TO RANGAYAPALEM (V), KOTHAPA TNAM(M),

PRAKASAM(DT)

17. PATAKAMURI SRAVAN KUMAR, OCC VILLAGE AGRICULTURAL

ASSISTANT, POSTED TO KOTHAPATNAM- I(V),

KOTHAPATNAM(M), PRAKASAM DISTRICT.

18. MAREBOINA SATYANARAYANA, OCC VILLAGE AGRICULTURAL

ASSISTANT, POSTED TO YERRABALEM (V), CUMBUM(M )

PRAKASAM DISTRICT.

19. GOPISETTY SAI KUMAR, OCC VILLAGE AGRICULTURAL

ASSISTANT, POSTED TO PEDDANALLAKALUVA (V)

CUMBUM(M), PRAKASAM DISTRICT

20. DUDEKULA KHADAR BASHA, OCC VILLAGE AGRICULTURAL

ASSISTANT, POSTED TO CUMBUM- 1 (V), CUMBUM(M)

PRAKASAM DISTRICT. (RESPONDENTS 5 TO 20 ARE THE

4

FORMAL PARTIES TO THE PRESENT WRIT APPEAL)

...RESPONDENT(S):

Counsel for the Appellant(S):

1. VADAPALLI RAMESH

Counsel for the Respondent(S):

1. GP FOR SERVICES I

WRIT APPEAL NO: 966/2025

Between:

1. K. Harinath Reddy,, S/o. K Sekhar Reddy Aged - 26, Occ Village

Agricultural Assistant Mekalacheruvu, N.P.Kunta Mandal, Anantapur, (now

posted to Lakkasamudram, Talupula (M), Anantapuramu District.)

2. H Jaheer,, S/o.H Musthafa Aged - 30, Occ Village Agricultural Assistant

Panthulacheruvu, Nallacheruvu(M), Ananthapur (Now posted to Mailepalli-

1,Mudigubba (M) Ananthapur District.

3. J Venuka,, D/o.J Bayappa Aged - 25, Occ Village Agricultural Assistant,

Burugupalli, Kadiri (M), Ananthapur District, Now posted to A.B Palli

Thanda , Mudigubba(M), Ananthapur District.

4. M Susmitha,, D/o.M Keshavaiah Aged - 32, Occ Village Agricultural

Assistant, Nuthanakalva , Talupula Mandal, Ananthapur (now posted to

Kotapalli ,Tanakal(M), Ananthapur District.)

5. K Janardhana,, S/o. K V Rathnamaiah Aged - 26, Occ Village

Agricultural Assistant, Kummaravandlapalli 2 , Kadiri Mandal, Ananthapur,

(now posted Kondagattu palli, Mudigubba (M), Ananthapur District.

6. P. Nethra, , S/o.S. Padmanabhappa Aged - 30, Occ Village Agricultural

Assistant, Working at Kaki, Rolla (M), Ananthapur, (Now posted to RG

Halli, Agali (M) Ananthapur District)

...Petitioners

5

AND

1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department

of Grama Sachivalayams and Ward Sachivalayams, Secretariat,

Amaravathi.

2. The Director, Grama Sachivalayams and Ward Sachivalayams

Department, Jawahar Auto Nagar, Vijayawada Krishna District - 16-06-

2025.

3. The District Collector, Sri Satya Sai District, Erstwhile Ananthapur

District.

4. The District Collector, Ananthapur, Ananthapur District.

5. The District Agricultural Officer, Sri Satya Sai District, Erstwhile

Ananthapur District.

6. The District Agricultural Officer, Ananthapur, Ananthapur District.

7. M Vani, D/o. and aged not known, Village Agricultural Assistant,

Gorantia 2 ,Gorantla (M), Ananthapur, Now posted to Panthulacheruvu,

Nallacheruvu (M) Ananthapur District.

8. S Inthiyaz, , S/o. and aged not known Occ Village Agricultural Assistant,

Balijapalli ,N.P.Kunta (M), (now posted to Puligundlapalli, Talupula (M),

Ananthapur District.

9. S Chaitanya Sai, Occ Village Agricultural Assistant, Erramanchi

,Penukonda (M), Ananthapur (Now posted to Nuthanakalva, Talupula (M),

Ananthapur District.

10. G Manasa, Occ Village Agricultural Assistant, Mudigubba-

3,Mudigubba(M), Ananthapur (Now posted to Udumulakurthy Talupula (M),

Ananthapur District.

6

11. K Sravani, Occ Village Agricultural Assistant, M Kuntlapalli,O.D

Cheruvu(M), Ananthapur (Now posted to Odulapalli,Talupula(M)

Ananthapur District.

12. T Poojitha, Occ Village Agricultural Assistant, Kurumamidi Gandlapenta

(M), Ananthapur, (Now posted to Somayajulapalli Gandlapenta (M)

Ananthapur District.

13. M Deepika, Occ Village Agricultural Assistant, K N Palem Kadiri (M),

Ananthapur, (Now posted to Kurumamidi, Gandlapenta (M) Ananthapur

District.

14. S Arshiya, Occ. Village Agricultural Assistant, Rachumarri,Kanekal (M),

Ananthapur, (Now posted to Godduvelugula, Gandlapenta (M) Ananthapur

District.

15. J Anitha, Occ.Village Agricultural Assistant, Mudigubba 4,Mudigubba

(M), Ananthapur, (Now posted to P.Kothapalli, Nallacheruvu (M)

Ananthapur District.

16. S Srikrishna naik, Occ. Village Agricultural Assistant, Gowkana palli,

N.P.Kunta(M), Ananthapur, (Now posted to P.Kothapalli, N.P.Kunta(M)

Ananthapur District.

17. P Narasimha Reddy, Occ. Village Agricultural Assistant,

Daniyancheruvu,N.P Kunta(M), Ananthapur, (Now posted to

Mekalacheruvu,N.P Kunta(M) Ananthapur District.

18. T Nikitha kumari, Occ- Village Agricultural Assistant, Sanjeevapuram,

Battalapalli (M), Ananthapur, (Now posted to Itukulapalli, Anantapur rural(M)

Ananthapur District.

19. M Obulamma, Occ- Village Agricultural Assistant, Narsimpalli Tadimarri

(M), Ananthapur, (Now posted to Battalapalli-2, Battalapalli (M) Ananthapur

District.

7

20. P Geetha Vaani, Occ- Village Agricultural Assistant, Anumpalli,

Pamidi(M), Ananthapur, (Now posted to B.yaleru,Atmakur (M) Ananthapur

District.

21. Shadhik, Occ- Village Agricultural Assistant, K. pulakunta,

Nallacheravvu (M), Ananthapur, (Now posted to Maskavankapalli,

Nallamada (M) Ananthapur District.

22. M Manohar, OccVillage Agricultural Assistant, Gasikavaripalli,

Bukkapatanam(M), Ananthapur, Now posted to Yerravanakapalli,

Nallamada (M) Ananthapur District.

23. A Nickhil Kumar Reddy, Occ Village Agricultural Assistant,

Lakkasamudram,Taluppula(M), Ananthapur Now posted to vellamaddi,

Nallamada (M) Ananthapur District.

24. D M Raghavendra, OccVillage Agricultural Assistant, Tamidepalli_2

Amarapuram(M), Ananthapur, Now posted to Amarapuram-1, Amarapuram

(M) Ananthapur District

25. G V Srujan, Occ Village Agricultural Assistant, Haresamudram-2,

Madakasira(M), Ananthapur, Now posted to Gudibanda-2,Gudibanda (M)

Ananthapur District

26. V Tarun Reddy, S/o.Venkata reddy Aged - 30, Occ Village Agricultural

Assistant, Somayajulapalli, Gandlapenta (M), Ananthapur, (now posted to

Balijapalli, N.P Kunta (M), Ananthapur District.

27. B Sirisha, D/o.B.nagabhushanam Aged - 29, Occ Village Agricultural

Assistant, Vellamaddi, Nallamada (M), Ananthapur, (Now posted to

Agraharam, Bukkapatnam (M) Ananthapuramu District.

28. Kadapala Rajitha, D/o.Rajareddy Aged - 27, Occ Village Agricultural

Assistant kotapalli, Tanakal (M), Ananthapur District, (Now posted to

Patnam, Kadiri (M) Ananthapur District)

8

29. B A Sandya, D/o.B.A Shankarappa Aged - 31, Occ Village Agricultural

Assistant Working at Vankarakunta, Nallamada (M) Ananthapur, (now

posted Malli Reddy palli, Thanakal (M), Ananthapur District)

30. G Sartaj, D/o. GMD Noorul Ameen Aged - 25, Occ Village Agricultural

Assistant, Kurli,Talupula (M), Ananthapur District, Now posted to

Peddannavaripalli, Talupula (M) Ananthapur District

The Court made the following:

9

THE HONOURABLE SRI JUSTICE BATTU DEVANAND

And

THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA

WRIT APPEAL No.958 and 966 of 2025

COMMON JUDGMENT: (Per Hon’ble Sri Justice A. Hari Haranadha Sarma)

I. Introductory:-

[a] A batch writ petitions [in 26 Nos.] vide W.P.Nos.16968, 16981,

16982, 16984, 16986, 16987, 16997, 16999, 17002, 17004, 17050, 17541,

17549, 17810, 17852, 17864, 17865, 17872, 17873, 17878, 17882, 17990,

18072, 18126, 18750, 18846 of 2025 were disposed of by the learned

Single Judge of this Court vide common order dated 11.08.2025.

[b] In respect of W.P.No.17990 of 2025 pertaining to the Prakasam

district, W.A.No.958 of 2025 is filed and in respect of W.P.No.17810 of 2025,

pertaining to the Anantapuram district W.A.No.966 of 2025 is filed.

W.A.No.966 of 2025:-

2. The Writ Appeal No.966 of 2025 is directed against the orders in

W.P.No.17810 of 2025. The appellants 1 to 6 herein are the writ petitioners.

The respondents No.1 to 6 herein are the official respondents 1 to 6 in the

Writ Petition. Respondents No.7 to 25 herein are the respondents No.7 to

25 and respondents No.26 to 30 herein are the writ petitioners and they

were shown as the respondents since they did not join in filing the Writ

10

appeal. This appeal pertains to the Anantapuram District of although 11

persons filed the writ petition, only 6 persons filed the appeal.

W.A.No.958 of 2025:-

3. This is an appeal directed against the orders in W.P.No.17990 of

2025 dated 11.08.2025 passed by the learned Single Judge. The

appellants 1 to 7 are the writ petitioners. The respondents No.1 to 4 are the

official respondents and the respondents No.5 to 20 are the unofficial

respondents in the Writ petition. This Writ Appeal is pertaining to the

Prakasam District.

II. Factual matrix and the issue involved in the Writ Petitions:-

4. [i] Appointments to the post of Village Agricultural Assistant

Grade-II were made in the year 2019 through the DSC, and postings were

effected at various Gram Panchayats. In the process of rationalisation, the

Government of A.P., Department of Agriculture, issued G.O.Ms.No.01,

GSWS department dated 25.01.2025 for rationalising the Village/Ward

Secretariats and functionaries to ensure effective implementation of Real

Time Governance at Village/Ward level. Thereafter, G.O.Ms.No.3 GSWS

department dated 10.04.2025 was issued positioning of various

designations. Subsequently, for grouping of Secretariats, fixing of positions

for specific purpose at village/ward level was done under G.O.Ms.No.4

dated 17.05.2025. Thereafter, G.O.Ms.No.5, dated 12.06.2025 was issued

giving certain guidelines for transfer of functionaries.

11

[ii] As per the said G.O.Ms.No.5, longstanding employees, station

wise seniority list to be prepared and transfers are to be effected. Since the

appointments have been taken place under the same notification, seniority was

fixed with reference to the date of birth. When transfers are scheduled, the writ

petitions are came to be filed questioning the transfers on various grounds,

alleging that the transfers are not in accordance with the guidelines issued

under G.O.Ms.No.5, dated 12.06.2025 and that the letters issued by public

representatives like MLAs., and M.Ps. were alone considered. Those letters

are not mere suggesting transfers but they are directing the place of posts

also. Hence, the transfers are not valid. Therefore, the core issue is whether

the transfers are effected in terms of G.O.Ms.No.5 dated 12.06.2025 or

whether the letters issued by the public representatives overweighed the

transfer policy in terms of G.O.Ms.No.5.

III. Contention in the Writ Petitions:-

5. There is violation of G.O.Ms.No.5 and the options given by the

employees were not considered and the recommendation of the public

representatives alone prevailed over the rule, therefore, the transfers are

bad in law.

IV Contention of the official respondents before the learned Single

Judge are –

6. Although no counter was filed on behalf of the official respondents,

hearing has taken place and following oral submissions are made on behalf of

the official respondents and they were considered by the learned Single Judge,

on pleading the urgency:

(i) There are no malafides.

12

(ii) Transfer Policy covered by G.O.Ms.No.5 is not violated.

(iii) Transfer is an incident of the employment. Therefore, the writ

petitions are not maintainable.

(iv) The public representatives espousing the cause of the employees

seeking transfers is not bad as observed by the Hon’ble Apex Court. Therefore,

there are no grounds to interfere.

V. Orders of the learned Single Judge:-

7. [i] Except in respect of Kurnool and Krishna Districts, the impact

of interference or letters of public representatives is not so high. However,

in respect of those two districts, the letters as well as the conduct and

manner in which the transfers were effected, particularly time granted for

submission of options and effecting of transfers without any breathing gap

shows the grave irregularity. Further, the application of either discretion or

rationality in effecting the transfers in respect of those two districts, is not

found. Therefore, the same shall require revisit in view of apparent clouds

over the propriety of transfers effected. Hence, the transfer orders in

respect of those two districts shall stand set aside and there shall be fresh

transfers. In respect of other districts, the writ petitions filed are liable to

be dismissed.

VI. Contentions in the Appeals:-

For the appellants:-

8. The appellants in W.A.No.958 of 2025, 966 of 2025 reiterated the

grounds that the transfer is not effected as per G.O.Ms.No.5 and letters of

M.L.A. and M.Ps. are prevailed. Therefore, the transfers are liable to be set

aside and they prayed for allowing the writ appeals and the writ petitions.

13

For the Official Respondents:-

9. There are no merits and the transfers effected are valid, therefore, the

writ appeals are liable to be dismissed.

10. Perused the impugned orders and the material available on record.

11. Thoughtful consideration is given to the arguments advanced by both

sides.

12. The points that arise for determination in these appeals are –

1) Whether the dismissal of Writ Petition No.17990 of 2025

questioned in W.A.No.958 of 2025 is proper?

2) Whether the dismissal of Writ Petition No.17810 of 2025

questioned in W.A.No.966 of 2025 is proper?

3) What is the result of the appeal in W.A.No.958 of 2025?

4) What is the result of the appeal in W.A.No.966 of 2025?

Point No.1:-

13. (i) Transfers are incidents of employment and the Courts shall be

slow unless illegality is there in the transfers.

(ii) Grievance alleged is that public representative letters were

considered. But the proportionality at which the letters are considered was

not as grave is the observations of the learned Single Judge.

(iii) The learned Single Judge has relied on the observations of the

Hon’ble Supreme Court in Mohd. Masood Ahmad V. State of U.P.

1

that

1

2007 (8) SCC 150

14

there is no bar for the public representatives to suggest transfers in certain

situations as they being bridge between the public and executives.

(iv) In respect of scope of interference with the transfer orders and

restraint to be exercised by Courts, learned Single Judge referred to the

following authorities vide Shilpi Bose (Mrs) and Others V. State of Bihar and

Others

2

, Major General J.K. Bansal Vs. Union of India

3

, and Sri Publi Lombi

V. The State of Arunachal Pradesh and Others

4

.

14. Upon considering the facts and circumstances and the reasons stated

by the learned Single Judge in the impugned orders under challenge, the

same are found to be proper, and we find no grounds to interfere.

Therefore, the appeals are found fit to be dismissed, confirming the orders

of the learned Single Judge. Points No.1 and 2 are answered accordingly.

Point Nos.3 and 4:-

15. In the result, both the writ appeals are dismissed. No costs.

As a sequel, miscellaneous petitions pending, if any, shall stand

closed.

__________________________

JUSTICE BATTU DEVANAND

__________________________________

JUSTICE A.HARI HARANADHA SARMA

Dated: 31 .01.2026

Pnr

2

1991 Supp(2) SCC 659

3

2005 (7) SCC 227

4

2024 Supreme (SC)225

15

THE HON’BLE SRI JUSTICE BATTU DEVANAND

&

THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA

WRIT APPEAL No.958 and 966 of 2025

Dt. 31-01-2026

Pnr

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