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2025 DAILYLAW 42133 (AP)

B KRISHNA RAO v. THE STATE OF AP

WP/29578/2025 · 2025-11-02

Ravi Cheemalapati

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010564542025 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 29578/2025 Between: 1. B KRISHNA RAO, S/O NAGESWARA RAO, AGED ABOUT 65 YEARS, R/O RAPAKA VILLAGE, IRAGAVARAM MANDAL. WEST GODAVARI DISTRICT. 1. THE STATE OF AP, REP., BY THE PRINCIPAL SECRETARY, PANCHAYATI RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, BHIMAVARAM, WEST GODAVARI DISTRICT. 3. THE DIVISIONAL PANCHAYAT OFFICER, NARASAPURAM, WEST GODAVARI DISTRICT. 4. THREE MEN COMMITTEE, REP., BY THE DIVISIONAL PANCH OFFICER, NARASAPURAM, WEST GODAVARI DISTRICT. 5. THE RAPAKA GRAM PANCHAYAT, REP., BY ITS SECRETARY, RAPAKA VILLAGE, IRAGAVARAM MANDAL, WEST GODAVARI DISTRICT. 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 an appropriate writ, order or direction more particularly one IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 29578/2025 B KRISHNA RAO, S/O NAGESWARA RAO, AGED ABOUT 65 YEARS, R/O RAPAKA VILLAGE, IRAGAVARAM MANDAL. WEST GODAVARI DISTRICT. ...PETITIONER AND THE STATE OF AP, REP., BY THE PRINCIPAL SECRETARY, RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, BHIMAVARAM, WEST GODAVARI THE DIVISIONAL PANCHAYAT OFFICER, NARASAPURAM, WEST GODAVARI DISTRICT. THREE MEN COMMITTEE, REP., BY THE DIVISIONAL PANCH OFFICER, NARASAPURAM, WEST GODAVARI DISTRICT. THE RAPAKA GRAM PANCHAYAT, REP., BY ITS SECRETARY, RAPAKA VILLAGE, IRAGAVARAM MANDAL, WEST GODAVARI ...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 an appropriate writ, order or direction more particularly one IN THE HIGH COURT OF ANDHRA PRADESH [3332] MONDAY,THE THIRD DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI B KRISHNA RAO, S/O NAGESWARA RAO, AGED ABOUT 65 YEARS, R/O RAPAKA VILLAGE, IRAGAVARAM MANDAL. WEST ...PETITIONER THE STATE OF AP, REP., BY THE PRINCIPAL SECRETARY, RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, THE DISTRICT COLLECTOR, BHIMAVARAM, WEST GODAVARI THE DIVISIONAL PANCHAYAT OFFICER, NARASAPURAM, WEST THREE MEN COMMITTEE, REP., BY THE DIVISIONAL PANCHAYAT OFFICER, NARASAPURAM, WEST GODAVARI DISTRICT. THE RAPAKA GRAM PANCHAYAT, REP., BY ITS SECRETARY, RAPAKA VILLAGE, IRAGAVARAM MANDAL, WEST GODAVARI ...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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in not conducting enquiry as per the 2nd Respondent's proceedings vide LP No.38/2025/PGRS, dated 12.3.2025 and the 2nd respondent authority not initiating action against the 4th respondent is nothing but abuse of power conferred upon them and arbitrary, illegal, null and void and against the norms of public policy and to issue a consequential direction directing the 2nd respondent to take action against the 4th respondent and 4th respondent to conduct enquiry and submit report to the 2nd respondent forth with and to pass IA NO: 1 OF 2025 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 4th respondent authority to complete the enquiry by submitting the report to the 2nd respondent as per the proceedings of the proceedings vide LP NO.38/2025/PGRS, dated 12.3.2025 initiation of action as per law, pending disposal of the above petition and to pass Counsel for the Petitioner: 1. VENKATESWARA RAO GUDAPATI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following: ORDER: Declaring the action of the 4th respondent in not conducting enquiry as per the 2nd respondents proceedings dated 12.03.2025, as illegal, arbitrary, present writ petition is filed. 2. Heard Sri G.Venkata Sailendra, learned counsel representing Sri Venkateswara Rao, learned counsel for the petitioner, Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat and Smt.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj for the respondents. 3. Learned counsel for the petitioner while reiterating the contents of the affidavit contended that the petitioner raised a grievance through Public Grievance Redressal System (PGRS) on 06.01.2025 for misappropriation of funds in 5th respondent-Gram Panchayat and the same was forwarded to the 2nd respondent to act upon. Thereafter, the 2nd respondent vide proceedings dated 12.03.2025 appointed a three men committee to enquire into the said issue and file a report to that effect further informing the petitioner that the grievance raised by him was under the process of conducting enquiry and it would take some time to take steps in accordance with law. However, no action has been initiated so far, as such, filed the present writ petition. He further submitted that it would suffice for the time being if a direction is given to the respondent authority concerned to conduct enquiry in a time bound manner and prayed to pass appropriate orders protecting the interest of the petitioner. 4. On the other hand, learned Assistant Government Pleader on written instructions dated 01.11.2025 contended that enquiry was conducted on 11.02.2025 by issuing prior notice dated 04.02.2025 to all the parties concerned and the authorities are verifying the records. Further, the authorities assured that they would complete the said enquiry and prayed to grant time. 5. Taking their submissions into consideration, as the respondent authorities have an intention to conduct enquiry and take steps in accordance with law, there is no purpose in keeping the writ petition pending inviting counter and the writ petition is liable to be disposed of. 6. Accordingly, the Writ Petition is disposed of. The respondents are directed to conduct enquiry and pass appropriate orders in accordance with law at the earliest not later than four (04) months from the date of receipt of a copy of this order and communicate the same to the petitioner and all the parties concerned. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 03rd November, 2025 RKS