APHC010407872019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 19654/2019 Between: 1. D SWARNALATHA, W/O N.Y. RATNAM HINDU, S.C., AGED ABOUT 54 YEARS OCC. ADVOCATE, RIO GROUND FLOOR VARALAKSHMI APARTMENTS, GOSAMRAKSHANA SAMITHI STREET, R.R.PET, ELURU-534 002 W.G.DIST., A.P. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME (COURTS-A) DEPARTMENT, A.P., VELAGAPUDI. 2. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, LAW (L) DEPARTMENT A.P., VELAGAPUDI. 3. THE HONBLE PRINCIPAL DISTRICT AND SESSIONS JUDGE, WEST GODAVARI DISTRICT, ELURU. 4. THE COLLECTOR, WEST GODAVARI, ELURU. 5. D PRABHAKAR, S/O SESHAGIRI RAO AGED ABOUT 59 YEARS, OCC. WORKING AS PUBLIC PROSECUTOR, HON'BLE PRINCIPAL DISTRICT AND SESSIONS JUDGE'S COURT, DISTRICT COURT PREMISES ELURU. ...RESPONDENT(S): 2 Counsel for the Petitioner: 1. DAMARAJU MADHUSUDHAN VIJAY KUMAR Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. KAMBHAMPATI RAMESH BABU 3. G VIVEKANAND The Court made the following: 3 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI WRIT PETITION No.19654 OF 2019 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief: “….to issue an appropriate writ, order or direction, particularly one in the nature of a Writ of Mandamus, declaring (1) Proceedings Roc.No.C2/e-1472389/2018 dated 30.01.2019 forwarded by the 4th respondent to the 1st respondent by incorporating the name of the 5th respondent and (2) the consequential G.O.Ms.No.203, Home (Courts-A) Department, dated 15.02.2019 issued by the 1. respondent appointing the 5th respondent as Public Prosecutor for the Principal District and Sessions Judge's Court, West Godavari at Eluru, as arbitrary, illegal, unjust, violative of Section 24(4) of Cr.P.C., since his appointment lacks 'judicial consent', amounts to usurpation of Judicial Power by the Executive, violative of Andhra Pradesh Law Officers (Appointment and Conditions of Service) Instructions, 2000, with particular reference to Instructions 7 and 8 and also violative of the Fundamental Rights guaranteed to the petitioner under Articles 14 and 16 of the Constitution of India and set aside the same and consequently direct the Respondents 1 to 4 to forthwith appoint her as Public Prosecutor for the Hon'ble Principal District and Sessions Judge's Court, West Godavari at Eluru forthwith and pass…” 2. Heard Sri Damaraju Madhusudhan Vijay Kumar, learned counsel for the writ petitioner and learned Assistant Government Pleader for Home. 3. Undisputedly, the proceedings under challenge in the writ petition and the consequential G.O.Ms.No.203, Home (Courts-A) Department, dated 15.02.2019 issued by 1st respondent appointing 5th respondent as Public Prosecutor, are expired as on the day, as the appointment was only for a period of three years. Therefore, nothing remains in the writ petition to adjudicate about the validity of the said proceedings. Consequently, the writ petition becomes infructuous. 4 4. Learned counsel for the petitioner would submit that the Government is not following rule of reservation while considering the appointment of the post of Public Prosecutors in the trial Court. If that be the case, the petitioner is liberty to initiate necessary proceedings in accordance with law, before appropriate Forum. 5. Considering the above facts and circumstances, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel thereto, interlocutory applications, if any, pending in this Writ Petition shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI 15.09.2025 Pmk 5 19 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION No:19654 OF 2019 Date: 15.09.2025 Pmk