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2025 DAILYLAW 6433 (AP)

N CHENNAMMA v. THE STATE OF AP

WP/2737/2019 · 2025-07-23

Venkateswarlu Nimmagadda

body2025

Judgment text

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1 APHC010059902019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2737/2019 Between: 1. N CHENNAMMA, W/O SAMUEL JOHN, AGED ABOUT 46 YEARS, OCC. PRESIDENT MPP, TRIPURANTHAKAM, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY THE PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR PRAKASAM, DISTRICT ONGOLE 3. THE CHIEF EXECUTIVE OFFICER ZILLA PRAJA PARISHAD, PRAKASAM DISTRICT ONGOLE 4. THE DIRECTOR, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF A.P, VIJAYAWADA. ...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 a writ or order or direction more particularly one in the nature of writ of mandamus declaring impugned order of the 1st respondent in Proc.R.C.No.12731/ Mandal.II/ 2017 Dt.13-02- 2019 whereby directing the petitioner to submit the explanation without allowing the petitioner to participate in the enquiry on the alleged complaint of the 3rd party and forcing to take action under section 249 of A.P Panchayat Raj Act 1994 is vindictive, 2 arbitrary, illegal, and contrary to the provisions of the Panchayat Raj Act, and consequently set aside the same by allowing the petitioner to continue as President of MPP, Tripuranthakam, Prakasam District without initiating any coercive action IA NO: 1 OF 2019 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 stay all further proceedings pursuant to the impugned proceedings Proc.R.C.No.12731/ Mandal.II/ 2017 Dt:13-02-2019 of the 1st respondent, pending disposal of the main writ petition Counsel for the Petitioner: 1. M HEMALATHA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV (AP) 2. V VINOD K REDDY (SC FOR ZP MPDO GP) The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2737/2019 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “..to issue a writ or order or direction more particularly one in the nature of writ of mandamus declaring impugned order of the 1st respondent in Proc.R.C.No.12731/ Mandal.II/2017 Dt.13-02-2019 whereby directing the petitioner to submit the explanation without allowing the petitioner to participate in the enquiry on the alleged complaint of the 3rd party and forcing to take action under section 249 of A.P.Panchayat Raj Act 1994 is vindictive, arbitrary, illegal, and contrary to the provisions of the Panchayat Raj Act, and consequently set aside the same by allowing the petitioner to continue as President of MPP, Tripuranthakam, Prakasam District without initiating any coercive action.” 2. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents. 3. As seen from the record, admittedly, the petitioner herein was elected as president of the Mandal Praja Parishad, Tripuranthakam for the period from 2016-2021. Pending Writ Petition, the tenure of the petitioner was completed and thereafter, further elections taken place in the year 2022. Hence, initiation of any action under Section 249 of the Panchayat Raj Act, 1994 does not arise and the Writ Petition has become infructuous. 4. Accordingly, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. 4 As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 24.07.2025 TTM M 5 119 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2737 of 2019 24.07.2025 TTM M 6