Avula Ailaiah vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA: AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY Betwee n: Avula Ailaiah, S/o Anjaiah, Aged about 43 years, Occ.

Agriculture, Ri/o H.No.3-31, Sunkenapalli Village, Chityal Mandal, Nalgonda District. ...PETITIONER 1.

The State of Telangana, Rep. by its Principal Secretary, Panchayat Raj Department, Secretariat Building, Secretariat, Hyderabad.

2.

The District Collector, Nalgonda, Nalgnoda District.

3.

The District Panchayat Officer, Nalgonda District.

4.

The Panchayat Secretary, Sunkenapalli, Chityala Mandal, Nalgonda District.

5.

D.Sudhakar, Aged about 45 years, Occ.

Panchayat Secretary, Sunkenapalli Village, Chityala Mandal, Nalgonda District.

6.

Kakkireni Bondaiah, S/o Muthaaih, Aged about 48 years, Occ.

Sarpanch of Sunkenapalli Village, Chityala Mandal, Nalgonda District.

7.

Batha Raju Ravi, S/o Madar, Aged about 35 years, Occ.

Deputy Sarpanch of Sunkenapalli Village, Chityala Mandal, Nalgonda District. .,.RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No.2 and 3 in non conducting the enquiry against the respondent No.5 and 6, who committed fraud and mistakes and misutilization of Public Funds in Gram Panchayat of Sunkenapalli Village, Chityal Mandal, Nalgonda District, basing on the representation made by the petitioner dated 1011012021, is illegal, arbitrary and violation of Articles 14, 1 5 and 2'1 of the Constitution of lndia and also in violation PRESENT WRIT PETITION NO: 12343 OF 2022 AND of Principles of Natural Justice and consequently direct the respondents No.2 and 3 to conduct the enquiry against the respondent No. ondent No.5 and 6, who Committed fraud and mistakes and misutilization of Public Funds in Gram Panchayat of Sunkenapalli Village, Chityal [r,4andal, Nalgonda District, basing on the representation made by the petitioner dated 1011012021 . lA NO: 1 OF 2022 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 direct the respondents No.2 and 3 to conduct the enquiry against the respondent No.5 and 6, who committed fraud and mistakes and misutilization of Public Funds in Gram Panchayat of Sunkenapalli Village, Chityal I\/landal, Nalgonda District, basing on the representation made by the petitioner dated 1O11012021 pending disposal of the writ petition.

Counsel for the Petitioner: SRI RAPOLU BHASKAR Counsel for the Respondent Nos.1 to 3: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent No.4: SRI M.RAMGOPAL RAO, SC Counsel for the Respondent Nos.5 to 7: None Appeared The Court made the following: ORDER i THE HON'BLE SRI JUSTICE A.

ABHISHEK REDDY Heard the learned counsel for the petitioner and the learned Government Pleader for Panchayat Raj appearing on behalf of respondent Nos.l to 3 and the learned Standing Counsel appearing on behalf of respondent No.4.

With their consent, the present Writ Petition is being disposed of at the adrnission stage.

Aggrieved by the action of respondent Nos.2 and 3 in not conducting the enquiry against respondent Nos.5 and 6 who committed fraud and mistakes and misappropriation of public funds in Gram Panchayat of Sunkenapalli Village, Chityal Mandal, Nalgonda District, basing on the representation made by the petitioner dated 10.10.2021, the petitioner has filed the present Writ Petition.

Tlte learned Govemment Pleader, on instructions, has I I t stated that the Divisional Panchayat Officer, Nalgonda, has WRIT PETITION No.

12343 of 2022 ORDER: 2 AAR, J w.P.No.

J w.P.No.I2343 o12022 been directed to conduct enquiry on the allegations levelled against the unofficial respondents and submit a reporl for taking further action ir.r the matter.

That aiicr recciving the enquiry reporl to be submitted by the Divisional Panchayat Offlcer, appropriate action will be initiated against the unofficial respondents as per the provisions of the Teiangana Panchayat Raj Act, 2018. evident that the grievance ofthe petitioner stands redressed.

Accordingly, this Writ Petition is disposed of.

Miscellaneous applications, if any pending, shall stand closed.

There shal1 be no order as to costs.

ASSISTANT REGIS R /iTRUE COPY' SECTION OFFICER To,1.7 T e Principal Secretary, Panchayat Raj Department, State of Telangana, S cretariat Building, Secretariat, Hyderabad T e District Collectbr, Nalgonda, Nalgnoda District e District Panchayat Officer, Nalgonda District T e Panchayat Secretary, Sunkenapalli, Chityala Mandal, Na gonda District o e CC to SRI RAPOLU BHASKA R, Advocate [OPUC o e CC to SRI I/.RAIMGOPAL RAO, SC Advocate toPUCl T CCs to the GP for Panchayat Raj & Rural Dev 2.

A 6.

7. ngana. [O D.

Copies One IVRC ae oX Tela Trjvo C. $* Spare Copy UT] High Court for the State Having regard to the above made submissions, it is SD/.PADMANABHA REDDY I B.

9.

HIGH COURT DAT D:1010312022 ORD R IJ 1 1 tPR 2ii?1 D.i. !.

1 rt E 5I.4 .'€ o ( .? ,'l .1.. * * WP.Jo.rz343 of 2022 DISPOS NG OF THE WRIT PETITTON WITHO T COSTS I