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2025 DAILYLAW 54057 (AP)

MALLAMPATI PRAMEELA v. THE State of Andhra Pradesh

WP/6141/2023 · 2025-11-04

Ravi Cheemalapati

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010122702023 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 6141/2023 Between: 1. MALLAMPATI PRAMEELA, W/O M.KRISHNA RAO, AGED 72 YEARS, WORKING AS SARPANCH, R/O D.NO.10 NAGARAM MANDAL, BAPATLA (GUNTUR) DISTRICT. ANDHRA PRADESH 517 132 1. THE STATE OF ANDHRA PRADESH, REP. BY SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, TADEPALLY, ANDHRA PRADESH. 3. THE DISTRICT PANCHAYAT OFFICER, BAPATLA 4. DIVISIONAL PANCHAYAT OFFICER, BAPATLA. 5. MANDAL PARISHAD DEVELOPMENT OFFICER, NAGARAM, BAPATLA DISTRICT. 6. THE DISTRICT COLLECTOR, BAPATLA DISTRICT. 7. THE DIRECTOR OF TREASURIES AND ACCOUNTS, IBRAHIMPATNAM. 8. THE PANCHAYAT PANCHAYAT, GUDIPALA MANDAL, CHITTOOR DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 6141/2023 MALLAMPATI PRAMEELA, W/O M.KRISHNA RAO, AGED 72 YEARS, WORKING AS SARPANCH, R/O D.NO.10-132, MANTRIPALEM, NAGARAM MANDAL, BAPATLA (GUNTUR) DISTRICT. ANDHRA PRADESH 517 132 ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, TADEPALLY, ANDHRA PRADESH. THE DISTRICT PANCHAYAT OFFICER, BAPATLA DISTRICT. DIVISIONAL PANCHAYAT OFFICER, BAPATLA. MANDAL PARISHAD DEVELOPMENT OFFICER, NAGARAM, BAPATLA DISTRICT. THE DISTRICT COLLECTOR, BAPATLA DISTRICT. THE DIRECTOR OF TREASURIES AND ACCOUNTS, THE PANCHAYAT SECRETARY, MANTRIPALEM GRAM PANCHAYAT, GUDIPALA MANDAL, CHITTOOR DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH [3332] WEDNESDAY,THE FIFTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI MALLAMPATI PRAMEELA, W/O M.KRISHNA RAO, AGED 72 YEARS, 132, MANTRIPALEM, NAGARAM MANDAL, BAPATLA (GUNTUR) DISTRICT. ANDHRA ...PETITIONER ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, TADEPALLY, ANDHRA PRADESH. DISTRICT. MANDAL PARISHAD DEVELOPMENT OFFICER, NAGARAM, THE DIRECTOR OF TREASURIES AND ACCOUNTS, SECRETARY, MANTRIPALEM GRAM PANCHAYAT, GUDIPALA MANDAL, CHITTOOR DISTRICT. ...RESPONDENT(S): 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 to issue, an order or direction, in the nature of writ of Mandamus, declaring the action of the 3rd respondent in issuing Show Cause Notice Roc.No.367/2023-B dated 09.03.2023, asking me to show cause as to why I should not be prohibited from drawing money of Mantripalem Gram Panchayat and in the interim authorizing the 8th respondent to operate the General Funds, leand 15th Finance mmission Funds and other Funds of the Gram Panchayat as illegal, arbitrary, malafide, contrary to the Rules contemplated in G.O.Ms.No.30, Panchayat Raj Rural Development and Relief dated 20.01.1995, order of this Honourable Court dated 03.01.2022 passed in W.P.No.30094 of 2021 and unconstitutional and set aside the same, restoring the power to operate the General Funds, 14thand 15th Finance Commission Funds and other Funds of the Gram Panchayat to the petitioner and pass IA NO: 1 OF 2023 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 to suspend the operation of Show Cause Notice Roc.No.367/2023-B dated 09.03.2023 issued by the 3rd respondent by permitting the petitioner to operate the General Funds, 14thand 15th Finance Commission Funds and other Funds of the Gram Panchayat and pass IA NO: 2 OF 2023 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 pleased to direct the 8th respondent not to withdraw any amounts from the General Funds, 14thand 15th Finance Commission Funds and other Funds of the Mantripalem Gram Panchayat, Nagaram Mandal, Bapatla Mandal and pass Counsel for the Petitioner: 1. S PRANATHI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR GENERAL ADMINISTRATION The Court made the following: ORDER: Aggrieved by the action of the 3rd respondent in issuing show cause notice dated 09.03.2023 asking the petitioner to show cause as to why she should not be prohibited from drawing money of Mantripalem Gram Panchayat and interim authorize the 8th respondent to operate the General Funds, 14th & 15th Finance Commission Funds and other Funds of Gram Panchayat, the present writ petition is filed. 2. Heard Sri M.Rahul, learned counsel representing Smt.S.Pranathi, learned counsel for the petitioner and Smt Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj for the respondents. 3. Sri M.Rahul, learned counsel for the petitioner contended that pursuant to the filing of the writ petition, the 3rd respondent issued proceedings dated 14.03.2023 restoring the power of the petitioner to operate the funds of Gram Panchayat and other funds as usual, as such, no further orders are required to be passed in the writ petition, accordingly, prayed to close the writ petition. 4. Recording the said submission, as the authorities have restored the power of the petitioner by issuing proceedings vide Roc.No.367/2023-B dated 14.03.2023, there remains nothing for adjudication and the writ petition is liable to be closed. 5. Accordingly, the Writ Petition is closed. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 05th November, 2025 RKS