K UMA MAHESH vs State of Andhra Pradesh

APHC010209152023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY, THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 10845/2023 Between: 1.

K UMA MAHESH, S/O K.

PULLAIAH, SARPANCH, GANNEVAARIPALLI GRAM PANCHAYAT, TADIPATRI MANDAL, ANANTAPURAM DISTRICT ANDHRA PRADESH. ...PETITIONER AND 1.

STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

2.

THE DISTRICT COLLECTOR, ANANTAPURAM DISTRICT, ANANTAPURAM 3.

THE DISTRICT PANCHAYAT OFFICER, ANANTAPURAM DISTRICT.

4.

THE DIVISIONAL PANCHAYAT OFFICER, ANANTAPURAM DISTRICT.

5.

THE PANCHAYAT SECRETARY, GANNEVAARIPALLI GRAM PANCHAYAT, TADIPATRI MANDAL, 2 ANANTAPURAM 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 topleased to issue a writ, order. or direction more particularly one in the nature of the writ of MANDAMUS declaring .the proceedings Rc.

No.

1199-2022- A2(P0) dated 31.03.2023 issued. by 3rd Respondent thereby temporarily suspending the power of the Petitioner Sarpanch herein from withdrawing the funds from GannevariPalli Gram Panchayat in furtherance of the show cause notice vide Rc.

1199-2022-A2(PO) dated 20.01.2023 issued by the 2nd Respondent herein as being arbitrary, illegal, devoid of any merits, beyond the Jurisdiction and contrary to the provisions of AP Panchayat Raj Act, 1994 (Panchayat Raj .Aetland AP Panchayat Raj Rules Relating to Certain Taxes and Lodging of Moneys Received by the Gram Panchayats and Payment of Money from Gram Panchayat Fund and contrary to the principles of.

Natural Justice, besides being violative of the petitioners rights guaranteed .under Article 14, Article 21 of the Constitution of India and consequently set aside the proceedings Re.

No. gs Re.

1199- 2022-A2(P0) dated 31.03.2023 issued by 3rd Respondent and the show cause notice vide Re.

1199-2022-A2(P0) dated 20.01.2023 issued . by the 2nd Respondent herein andpass 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 pleased suspend the proceedings Re.

1199-2022-A2(P0) dated 31.03.2023 issued by 3rd Respondent and the show cause notice vide Rc.

1199- 2022-A2(P0) dated 20.01.2023 issued by the 2' Respondent herein thereby allowing the Petitioner Sarpanch herein to exercise the power of withdrawing the funds from GannevariPalli Gram Panchayat and pass 3 Counsel for the Petitioner: 1.

CKR ASSOCIATES Counsel for the Respondent(S): 1.

GP FOR REVENUE 2.

GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following order: Challenging the action of the 3rd respondent in issuing proceedings vide Rc.No.1199-2022-A2(PO), dated 31.03.2023, by which the power of the petitioner-Sarpanch to withdraw funds form Gannevaripalli Gram Panchayat was temporarily suspended, pursuant to the show cause notice vide Rc.No.1199- 2022-A2(PO), dated 20.01.2023, issued by the 2nd respondent, the present writ petition is filed.

Heard Sri P.

Ramana krishna, learned counsel for the petitioner and Ms.

Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj.

3.

Learned Assistant Government Pleader submitted that the cheque drawing power of the petitioner-Sarpanch has been restored and there remains nothing for adjudication in the writ petition.

As such, prayed to close the writ petition.

4 4.

Learned counsel for the petitioner also confirmed the same and prayed to close the writ petition.

Recording the said submissions, the Writ Petition is closed.

There shall be no order as to costs.

As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. nd closed. ____________________________ JUSTICE RAVI CHEEMALAPATI Date: 05.01.2026 ANS 5 394 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 10845/2023 Date: 05.01.2026 ANS