APHC010543272023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28385 OF 2023 Between: 1. WELFARE ASSOCIATION OF HARITHA GARDENS, Rep. by its Treasurer/Authorized Person- Retd. Commander Ganti Pradeep, S/o. Late. Ramulu, Hindu, Male, Aged 62 years, Flat No. 213, Nagavalli Block 1, Harita Gardens, Maduravada, Visakhapatnam-530045. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary. (Home Department), Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner of Police, , Police Barracks, Vishakapatnam City, Vishakaptanam. 3. Station House Officer, PM Palem Police Station, PM Palem, Vishakaptanam 4. District Registrar of Societies, Visakhapatnam District, VMRDA Complex, Visakhapatnam. ...Respondents 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 tomay 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.3 and 4 in not taking any action and not initiating any enquiry against the misuse of the funds and irregularities committed by the alleged executive committee of the VUDA Haritha Allottees Association, Haritha Gardens, Madhurawada, Visakhapatnam. in spite of the repeated complaints Dt.05.03.2022, 08.03.2022, 09.09.2023 and 10.10.2023 as illegal, irregular and arbitrary and violation of the provisions of the Criminal Procedure Code, offends Articles 14, 21 of the Indian Constitution and consequently direct the Respondents 2 to 4 to take appropriate action and enquiry on the Complaints submitted by the Petitioner and 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 may be pleased to direct the Respondents 2 to 4 to take appropriate action against the petitioners complaints dt.09.9.2023 and 10.10.2023 pending disposal of the main writ petition and pass such Counsel for the Petitioner: MANGENA SREE RAMA RAO Counsel for the Respondents: GP FOR HOME THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28385 OF 2023 The Court made the following Order: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…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.3 & 4 in not taking any action and not initiating any enquiry against the misuse of the funds and irregularities committed by the alleged executive committee of the VUDA Haritha Allottees Association, Haritha Gardens, Madhurawada, Visakhapatnam; in spite of the repeated complaints Dt.05.03.2022, 08.03.2022, 09.09.2023 and 10.10.2023 as illegal, irregular and arbitrary and violation of the provisions of the Criminal Procedure Code, offends Articles 14, 21 of the Indian Constitution and consequently direct the Respondents 2 to 4 to take appropriate action and enquiry on the Complaints submitted by the Petitioner and pass such other order or orders…” 2. Heard learned counsel for the petitioner also heard Sri. V.Farooq, learned Assistant Government Pleader for Home representing the respondent Nos.1 to 3. 3. The learned counsel for the petitioner would submit that it is a case of inaction on the part of police by initiating any enquiry against the misuse of the funds and irregularities committed by the alleged executive committee of the VUDA Haritha Allottees Association, despite repeated complaints submitted by the petitioner. 4. The learned Assistant Government Pleader for Home, while referring to the averments made in the counter-affidavit, drawn the attention of this Court to paragraph Nos.13 and 14, and stated that there are disputes between the erstwhile “VUDA Haritha Allottees Association” (VHAA) and “Welfare Association of Haritha Gardens” (WAHG) with regard to the management and maintenance of the housing complex. He would further submit that the alleged misdeeds and financial irregularities, regarding the Corpus Fund, are internal matters of the registered societies, which fall within the jurisdiction of the Registrar of Societies, for inquiry. Further that, legal action can only be initiated, upon complaint lodged by the concerned Registrar of Societies, along with an enquiry report establishing fraudulent financial transactions relating to the Corpus Fund. 5. The learned Assistant Government Pleader further submits that the alleged misuse of the Corpus Fund is already the subject matter of adjudication before the Hon’ble Court in Writ Petition Nos. 4289 of 2022 and 19686 of 2022, and that the issues raised therein are pending consideration, along with O.P. No.13 of 2022 on the file of the District Judge Court, Visakhapatnam. It is his submission that the respondent police would initiate appropriate action in the event of commission of any cognizable offence, provided the contents disclose the commission of a cognizable offence. 6. The learned counsel for the petitioner would submit that the writ petitions are not pending before this Court, they are disposed of, now the society, O.P is pending before the District Court regarding the management of the Society. The contents of the complaint are different regarding the misappropriation of corpus fund. 7. Recording the submissions of both the learned counsel, this Writ Petition is disposed of. However, the petitioner is at liberty to work out their remedy before the appropriate forum according to law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:04.12.2025 Ksj