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2025 DAILYLAW 51562 (AP)

G KANAKARAJULU NAIDU v. The State of Andhra Pradesh

WP/5596/2023 · 2025-11-04

Ravi Cheemalapati

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010110962023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 5596/2023 Between: 1. G KANAKARAJULU NAIDU, S/O. SUBRAMANYAM NAIDU, AGED 62 YEARS, RETIRED M.P.D.O. R/O. D.NO. 4-1871-2, DURGANAGAR COLONY, GREAMSPET, CHITTOOR, ANDHRA PRADESH - 517002 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYATRAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE COMMISSIONER, PANCHAYATRAJ AND RURAL DEVELOPMENT DEPARTMENT, D.NO. 12-47, PVS ICON, PATHURU CROSS ROAD, TADEPALLI, GUNTUR DISTRICT. 3. THE CHIEF EXECUTIVE OFFICER, ZILLA PRAJA PARISHAD, CHITTOOR, CHITTOOR DISTRICT. 4. THE DISTRICT AUDIT OFFICER, STATE AUDIT, CHITTOOR, CHITTOOR DISTRICT. 5. P PRABHAKAR REDDY, S/O. P. PURUSHOTHAM REDDY, AGED 61 YEARS CHIEF EXECUTIVE OFFICER, ZILLA PRAJA PARISHAD, CHITTOOR DISTRICT, CHITTOOR. ...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 a writ, order or direction more particularly one in nature of writ of mandamus declaring the action of the respondent authorities in not considering and taking appropriate action on the representations/ complaints filed by the petitioner dated 13.12.2021, 16.01.2023 and the remainder dated 18.02.2023 to conduct a detailed enquiry by calling for the records like the Bank accounts, Bills, Vouchers and Audit Reports and other account related materials since 2010 from office of the 3rd respondent herein as illegal, arbitrary, in violation of the public policy and in contravention of the procedures of state financial management and consequently to direct the respondent authorities to pass appropriate orders on the representations/ complaints filed by the petitioner dated 13.12.2021, 16.01.2023 and the remainder dated 18.02.2023 and to pass and to pass such 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 to pass appropriate orders on the representations/ complaints filed by the petitioner dated 13.12.2021. 16.01.2023 and the remainder dated 18.02.2023, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. BALAJI MEDAMALLI Counsel for the Respondent(S): 1. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. V VINOD K REDDY The Court made the following: ORDER: Declaring the action of the respondents in not considering and taking action on the representations dated 13.12.2021, 16.01.2023 and the remainder dated 18.02.2023 made by the petitioner to conduct a detailed enquiry by calling for the records from the office of the 3rd respondent, as illegal, arbitrary, the present writ petition is filed. 2. Heard Sri U.Nagendra Baby, learned counsel representing Sri Balaji Medamalli, learned counsel for the petitioner, Sri M.Sudheer, 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 despite bringing it to the notice of the respondent authorities about misappropriation of funds by respondent No.5 by way of representations dated 13.12.2021 & 16.01.2023 and also a remainder dated 18.02.2023, no action has been initiated by the respondents in that regard. He further submitted that the writ petition is of the year 2023, till today, the respondents did not choose to file their counters. It would suffice for the time being if a direction is given to the respondents to act upon the representations of the petitioner in a time bound manner, accordingly, prayed to pass appropriate orders in the interest of justice. 4. On the other hand, learned counsel for the respondents collectively submitted that no counters have been filed so far. However, if a direction is given by this Court to take action, they would act upon the petitioners representations, accordingly, prayed to pass appropriate orders. 5. Taking their submissions into consideration, as the relief sought is innocuous and does not affect the rights of the unofficial respondent No.5, issuance of notice to respondent No.5 is dispensed with and this Court is inclined to dispose of the writ petition by passing the following order: “The respondent authorities concerned are directed to look into the grievance of the petitioners so raised by way of representations dated 13.12.2021 & 16.01.2023 and also a remainder dated 18.02.2023 and if found that the allegations are correct, appropriate action shall be taken against unofficial respondent No.5 and others if any, in accordance with law by giving proper notice to all the parties concerned inviting explanation by conducting enquiry within a period of three (03) months from the date of receipt of a copy of this order.” 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 05th November, 2025 RKS