The High Court · 2025

Petition un(er A(ipte 2?6 q[ lhp CcnsritutiQn qf tndia praying that in the circumttances stqted in the affi(qvit filed therewith, the High Ceurt pay be plegsed to isque E writ Qrder, or flir,egtion rxpre particularly one in the nature of writ of Mandamus declaring the inaction of the qespondents in appointing the petitioner for the post of Village Assistant in Kodakandla MandEl, warangal District presently Peda Vangara Mandal, Mahabubabad District in place of his deceased falher Bottumanchi samuel who die{ while in service as illegal, grbitrary, unreasonable and consequgntly tg consider the representatiqn of thq petitioner dated 22-9-2021 for appointing the petitioner for the post of village Assistant in piace of his deceased f-ather Bgttumanchi samuel on compassionpte grounds. lA NO: 1 OF 2022 Petitionunde;Seelionl5lCPqprayingthatinthecircqmstanQesstatedin lfe affidavit tiled in supp-art qf thg petition, the fligh Gourt may be pleased tq gqngider the reprqqentalien ot the petitiongq daled 22-9-2021 for Fppolntinq lhe petilioner in the post ot Viilage Asgigtant in Pedavqngafa Mandal MehabSobaggq !islrict nreviously Kondakan$la Mandal, sgraggal Distript in place of hiq fleggased fatler Bptlgmgnchi $amqel an qempFSEignatq groqqds Sg$nsql for the Petitiongl : S$l K'qANl RqPBY gqqn"ef for the RqBpondentq; As!['9P FOB REVENHE Thq Cqurt rF4ie the follgsing: ORPER ,) o DER: HON'BLE MRS. JUSTICE SUREPALLT NANDA ,- WRITP ON o.2 306 of 2022/ Heard Sri K. Gani Reddy, tearned counsel appearing on behalf of the petitioner and learned Assistant Government pleader for Revenue, appearing on behalf of respondent Nos.1 to 5. 2 The petitioner approached the Court seeking prayer as under: "...to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in appointing the petitioner for the post of Village Assistant in Kodakandla Mandal, Warangal District presently Peda Vangara Mandal, Mahabubabad District in place of his deceased father Bottumanchi Samuel, who died while in service as illegal, arbitrary, unreasonable and consequently to consider the representation of the petitioner dated 22-9-2021 for appointing the petitioner for the post of Village Assistant in place of his deceased father on compassionate grounds and Bottumanchi Samuel pass. . . ".

3. The case of the petitioner, in brief, is that the father of the petitioner Bottumanchi Samuel was working as Village Assistant from 7972 onwards. During the service, the father of the 2 SN, J \\ry ')5306 2022 petitioner met'with an accident and his legs were fracturr:d' and hence was unable to do his duty, as such, the petitloner used to do work on behalf of his father unofficially' The father oF the petitioner made several representations to the respondents for appointment of petitioner's son in his place on compassionate grounds but, the respondents did not consider the same' In writing petitioner's father even represented on 14 12'2009' The father of the petitioner died on 03'01'2010' Even after the death of father of the petitioner, the petitioner made representation dated 22-Og.2O2L to the respondents to appoint the petitioner as Village Assistant in the place of his deceased fatherbuttherespondentsdidnotconsidertheSame.Aggrieved by the same, the petitioner approached the Court by filing the present writ Potition. RU DT ER n RD. 4 affid avtt has been filed on half of resoondent No.5 in Da lar Dara Nos .2, 3, and 5 are dhe reu nder: "2) it is humbly submitted that the writ petitioner herein filed the present writ petition aggrieved by the inaction of the respondents in appointing the petitioner for the post of Village p,ssistant in Kodakandla Mandal. Warangal District J SN. J wP 2s306 2022 presently Peddavangara Manda[, Mahabubabad District, the 4th Respondent was rejected his application as per rule (3) not withstanding anything contained in sub-rule (1) and clause (c) of sub-rule (2) above, the spouse / dependent children of Village Revenue Assistant who dies in harness before attaining the age of 60 years may be appointed as Village Revenue Assistant and an application is made in this regard within a period of one year from the date of death of such Village Revenue Assistant, vide G.O.Ms.No.t849, Revenue (V.O), dept. dated.28- 10-2005, which is quite legal, not arbitrary and does not come under violation of principles of natural justice. under revenue laws. It is further submitted that the, as oer 3) G-O-Ms-No .1449 Reve nue (V-O)- dcDt dated 2a-10- 2OO5, in sub- rule (1) and clause (c) of sub-rule (2) above, the soouse / deoendent children of Villaoe istant whod esrn ha eqq hefore Reven ue attaininq the aoe of 60 years mav be apoointed as tin nls marle Villaoe Reve n rre Acqictant and an anol in this reoard with in a period of one year from the date of death of such Village Revenue Assistant. rit Detitioner Hence the av rments furnished bv the herein. in this Dara to dismissed at this level. 5) It is also humbly submitted that the writ petitioner, made a representation on 22-9-2021, was also rejected his application as per rule (3) not wlthstanding anything contained in sub-rule (1) and clause (c) of sub-rule (2) above, the spouse / deoendent children of Villaoe Reve nue Assistant who dias irr harness he ) 4 a SN, J w\ 25106 2022 Villaqe Revenue istant Drovaded an aoolica tion is a e G.O.Ms.No.1B49, Revenue the date of death of such Villaoe Revenue Assistant. (V'O), dept.dated.28. 10.2005. The aoolicant fath r Sri, rrcl cross .t the 5(l v ars at th t me Bottu manchi Sa It rss bmitted a oer rul of the petition er is not el ioible for aoooi tment". e

5. The learned Assistant Government Pleader for Revenue appearing on behalf of respondents submits that the ::ause of action in the present writ petition does not sur'/ive for adjudication any more in view of the fact that the prayer as sought for b1' the petitioner had already been considered and after considering the representation of the petitioner dated 22.Og.2O2l,lbr appointing the petitioner to the post of Village Assistant in Pedavangara Mandal, Mahaboobabad District, previously Kondakandla Mandal, Warangal District in place of petitioner's deceased father Bottumanchi Samuel on compassionate grounds, the respondents rejected petitioner's request on the ground that the petitioner's father Bottumanchi Samuel had crossed 60 years age at the time of his death.

6. Takinq into consideration: i l*. I I \ t 5 (a) The aforesaid facts and circumstances of the SN, J wP 25306 2022 case, (b) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Assistant Government pleader for Revenue appearing on behalf of the respondents and, (c) The averments made in the counter affidavit filed on behalf of the 5th respondent, in particutar, para , I Nos.2, 3, and 5 (referred to and extracted above), This Court opines that there are no merits an the present writ petition and the relief as prayed for by the petitioner, cannot be considered since the representation of the petitioner dated 22.Og.2OZt had already been considered and rejected stating that the request of the petitioner for appointing the petltioner to the post of Village Assastant in pedavangara Mandal, Mahaboobabad District previously Kondakandla Mandal, Warangat District in ptace of petitioner,s deceased father Bottumanchi Samuet on compassionate grounds, cannot be granted as per the rules in force, and the petitioner admittedly had not challenged the vires of the said rules. 6 SN. J wl, 2s'.\06 2022 a

7. AccordinglY, the writ Petition shall be no order as to costs' is dismissed. There l As a sequel, the miscellaneous petitionr;' if any pending, in the Writ Petition,lhall also stand closed' ,/TRUE COPY// SDI-L. LAKSH BABU DEPUTY REG STRAR SECrroNorrrcen to'',. on" cc to sP'l K GANI REDDY' Advocate loPucl 2: Two CCs to GP f On ngVfUUE' High Court for the State of TelanQana

3. Two CD CoPies' BSK as ffr_ t. HIGH COURT DATED: 1 9 103t2025 CC TODAY \) \c L .t$t !' $' $o Hc rlH 1L ',t () (,/ ),{ I ORDER WP.No.25306 of 2022 DISMISSING THE WRIT PETITION WTHOUT COSTS Y fl- I ) \3