Petitioner filed a writ petition under Article 226 directing the authorities to declare non-passing of final orders illegal against the Gram Panchayat Sarpanch. The court held that the subject matter became infructuous as the Sarpanch's tenure had expired. The petition was dismissed.
The Writ Petition is dismissed as having become infructuous. No costs.
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THE HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.14741 of 2009
ORDER:
1 There is no representation on behalf of the petitioner. Heard the learned Government Pleader appearing for the respondents.
of mandamus to declare the action of the 2nd respondent in not passing final orders pursuant to the show cause notice No. A6/5788/09-pts dated 25.5.2009, issued to the fourth respondent, as illegal and arbitrary.
3 The fourth respondent was the Sarpanch of Gram Panchayat, Gambhiraopet. Alleging certain irregularities, the respondent authorities have issued show cause notice dated 25.5.2009 to the fourth respondent to show cause why he should not be removed from the post of Sarpanch in exercise of powers under Section 249 (1) of A.P. Panchayat Raj Act, 1994.
passed by the second respondent.
5 When the matter is taken up for hearing, the learned Assistant Government Pleader, appearing for the respondents, submitted that the tenure of the Sarpanch is already expired and the Executive Officers of the Gram Panchayat are placed in charge and hence the subject matter of the Writ Petition has become infructuous.
6 In view of the expiry of the tenure of the Sarpanch itself, no relief, as prayed for, can be granted in this Writ Petition.
7 Accordingly, the Writ Petition is dismissed as having become infructuous. No costs.
--------------------------R.Subhash Reddy, J. 19.12.2011 Kvsn
2 issues framed by the court
Whether the Writ Petition seeking direction to declare non-passing of final orders illegal can be allowed after expiry of Sarpanch tenure.
Whether the subject matter of the writ petition has become infructuous due to expiry of tenure of the fourth respondent.
1 provisions across 1 enactments
Petitioner
The Second Respondent
The Fourth Respondent
R. Subhash Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
