APHC010445742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 22669/2025 Between: 1. POLURU RAMALAKSHMAMMA, W/O. SUDHAKAR, AGED ABOUT 40 YEARS, OCCUPATION HOUSEMAKER, R/O. OGURU, KANDUKUR MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, PANCHAYAT RAJ AND RURAL DEVELOPMENT, REPRESENT BY ITS PRINCIPAL SECRETARY, AP SECRETARIAT BUILDINGS, VELGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SOCIETY FOR ELIMINATION OF RURAL POVERTY, REPRESENT BY ITS CHIEF EXECUTIVE OFFICER, HEAD OFFICE, NTR ADMINISTRATIVE BUILDING, PANDIT NEHRU BUSSTAND, VIJAYAWADA, NTR DISTRICT. 3. THE DISTRICT COLLECTOR AND MAGISTRATE, SPSR NELLORE DISTRICT, NELLORE. 4. THE MANDAL PARISHAD DEVELOPMENT OFFICER, KANDUKUR MANDAL, SPSR NELLORE DISTRICT. 5. THE OGURU GRAM PANCHAYAT, REPRESENT BY ITS SECRETARY, OGURU, KANDUKUR MANDAL, SPSR NELLORE DISTRICT. ...RESPONDENT(S): 2 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 topleased to Issue a Writ of Mandamus or any other appropriate writ, order, or direction declaring the action of the Respondents issued the notice dated 14.08.2025 to stop the physically challenged / disable pension to the Petitioner from 01.09.2025 as illegal, arbitrary, discrimination and violation of Principle of the Natural Justice, articles 14 and 21 of the Constitution of Bharath and against the orders passed by the Hon'ble High Court of Andhra Pradesh in WP/18874/2020 and Batch dated 27.09.2021 AND Consequently direct the Respondents to continue and distribute the Physically challenged / disable pension to the Petitioner and Pass IA NO: 1 OF 2025 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 Counsel for the Petitioner: 1. KETHVATHU PARVATHI BAI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.22669 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a Writ of Mandamus or any other appropriate writ, order or direction declaring the action of the Respondents issued the notice dated 14.08.2025 to stop the physically challenged / disable pension to the Petitioner from 01.09.2025 as illegal, arbitrary, discrimination and violation of Principle of the Natural Justice Articles 14 and 21 of the Constitution of Bharath and against the orders passed by the Hon’ble High Court of Andhra Pradesh in WP/18874/2020 and Batch dated 27.09.2021 AND Consequently direct the Respondents to continue and distribute the Physically challenged / disable pension to the Petitioner and pass such other order or orders...” 2. Heard learned counsel for petitioner, learned Government Pleader for Panchayat Raj and Rural Development for respondent Nos. 1 and 3, learned Standing Counsel for Gram Panchayat for respondent Nos. 4 and 5 and Sri M.Hari Babu, learned Standing Counsel for SERP for respondent No.2. 3. Learned counsel for the petitioner submits that the petitioner herein is a physically challenged person having locomotor disability. Later, on 30.10.2013, the Government of Andhra Pradesh issued a certificate stating that the petitioner is a disabled women having locomotor disability at the rate of 59% disability. Pursuant to which, the petitioner has been receiving physically challenged/ disabled pension from the past 12 years, till August, 2025. While so, abruptly, the petitioners pension was stopped from 01.09.2025 by issuing a notice dated 14.08.2025 alleging that the petitioner is not eligible to receive pension from 4 01.09.2025. Aggrieved by the said notice, the petitioner herein filed the present writ petition. 4. On the other hand, learned Standing Counsel for Gram Panchayat appearing for respondent Nos.4 and 5 furnished written instructions dated 25.08.2025, wherein, it is stated that the petitioner herein attended reassessment camp on 24.02.2025 at Area Hospital, Kandukur and underwent reassessment for her disability. Accordingly, her disability was reassessed and confirmed at the rate of 23%. It is further stated that as per the terms of the scheme, the persons who are disabled at the rate of more than 40% disability are entitled for disabled pension. It is further stated that since the petitioner’s disability was confirmed @23% which is below to the 40% benchmark disability norms, she is not eligible to receive pension under physically challenged pension scheme . As such, the petitioner was issued notice dated 14.08.2025 stopping the pension. Then, challenging the said notice, the petitioner herein already filed an Appeal before the 4th respondent on 25.08.2025 and the same is pending for consideration. 5. Learned Government Pleader for the respondent Nos. 1 and 3 also furnished written instructions dated 26.08.2025 reiterating the contents made in the instructions dated 25.08.2025. 6. Considering the submissions made by the learned counsel for the petitioner, learned Standing Counsel for SERP for respondent No.2, learned Standing Counsel for Gram Panchayat for respondent Nos.4 and 5 and learned Government Pleader for the respondent Nos. 1 and 3 and on perusal of the written instructions dated 25.08.2025 and 26.08.2025, without going into the 5 merits of the case and to meet the ends of justice, this Court is of the considered view that the subject statutory Appeal which is pending, shall be considered and disposed of as expeditiously as possible. 7. Accordingly, the present writ petition is disposed of, directing the 4th respondent, who is the appellate authority to dispose of the Appeal dated 25.08.2025 preferred by the petitioner, after providing opportunity of hearing to the petitioner as well as other respondent claimants if any, within a period of four (04) weeks from the date of receipt of a copy of this order. After passing of such order, the same shall be communicated to the petitioner, within a period of two (02) weeks, thereafter. No costs. Consequently, miscellaneous petitions, pending, if any, shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J Date:29.08.2025 BSP 6 63 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.22669 OF 2025 DATED:29.08.2025 BSP