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2026 Supreme(Online)(AP) 858

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Harinath N, J
C.Nagabhushanam – Appellant
Versus
The District Collector / District Programme Coordinator – Respondent
WRIT PETITION NO: 22455/2013



Advocates:
For the Appellants/Petitioners: L J Veera Reddy
For the Respondents: GP for Panchayat Raj & Rural Dev

A writ petition is dismissed as infructuous when the petitioner's counsel submits that the cause of action no longer survives.

Headnote:The petitioner approached the court under Article 226 of the Constitution of India challenging an order dated 03.11.2011 which rejected an appeal against the petitioner's removal from the post of Field Assistant under the Mahatma Gandhi National Rural Employment Guarantee Scheme. The petitioner contended that the removal was arbitrary, mechanical, and violated Articles 14 and 16 of the Constitution of India. The primary issue was whether the removal order and the subsequent rejection of the appeal were illegal and arbitrary. However, the court did not examine the merits of the case as the counsel for the petitioner submitted that the cause of action no longer survived, rendering the matter infructuous. Accordingly, this Writ Petition is dismissed as infructuous.

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 toto issue a writ, order or direction more particularly one in the nature of WRit of Mandamus declaring the order of the 1st respondent in his Progs.Rc.No.C9/2449/Pendlimarri/3SA/2010, dated 03.11.2011 rejecting the appeal of the petitioner against the removal order without application of mind, without consideration of the records and even without noticing the irregularities done by the 2nd and 3rd respondents in the disciplinary proceedings as illegal, unjust, arbitrary, callous, mechanical, whimsical and fanciful and against concept of the disciplinary proceedings and against Art.14 and 16 of the Constitution of India and consequently set aside the impugned order passed by the 1st respondent in his Progs.Rc.No.C9/2449/Pendlimarri/3SA/2010, dt. 03.11.2011 confirming the petitioner's removal and direct the respondents to reinstate the petitioner as Field Assistant, Mahatma Gandhi National Rural Employment Guarantee Scheme, Kotha Gangireddipalli Gram Panchayat, Pendlimarri Mandal, Y.S.R. District with back wages and attendant benefits with continuity of service

IA NO: 1 OF 2013(WPMP 27544 OF 2013

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 impugned order passed by the 1st respondent in his Progs.Rc.No.C9/2449/Pendlimarri/3SA/2010, dated 03.11.2011 by continuing the petitioner as Field Assistant, pending disposal of the above Writ Petition

The Court made the following:

ORDER:

The learned counsel for the petitioner would submit that the cause in the Writ Petition does not survive any further. Hence, the matter has become infructuous.

Accordingly, this Writ Petition is dismissed as infructuous. There shall be no order as to costs.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

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