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High Court for State of TelanganaWP(PIL)/259/2020disposed of no costs

C.V. Srinath v. The State Of Telangana

2022-03-07Abhinand Kumar Shavili,Satish Chandra Sharma6 pages

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION (PUBLIC INTEREST LITIGATION) NO: 259 OF 2020 Betwee n:

C.V. Srinath, S/o C.V. Manmohan Rao, Aged 36 years, Occ. Advocate, Office at 403 and 404, Legend Commercial Complex, Above Keshav lMedical Hall, Barkatpura, Hyderabad-27.

...PETITIONER AND

1. The State of Telangana, represented by its Chief Secretary, Secretariat, Hyderabad.

2. The State of Telangana, Represented by its Principal Secretary, lVunicipal Administration and Urban Development Department, Secretariat Buildings, Hyderabad.

...RESPONDENTS Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the G.O. Rt. No. 525 (Municipal Administration and Urban Development (GHtVC.ll) Department, dated 19.102020 only with regard to mode of payment of monetary relief in form of cash of Rs.10,000/- (rupees Ten Thousand) instead of bank transfer as being illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of lndia and consequently to set-aside the same by directing the respondent to provide the relief through banking mode to have accountability and transparency of public money.

l.A.NO: 1 OF 2020 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 respondents to provide the relief of Rs. 10,000/- by way of bank deposit or online transfer to the affected families instead of cash payment to have accountability and transparency apart from preventing misuse or misappropriation of public money in the interest of justice, pending before of the above writ petition.

Counsel for the Petitioner : Ms. M.V. ARCHITA FOR M/s. P. SHASHI KIRAN Counsel for the Respondents : G.P FOR MUNICIPAL ADMN AND URBAN DEV / THE ADVOCATE GENERAL The Court made the following ORDER

THE HON'BLE THE CHIEF JUSTICE SATI SH CHANDRA SHARMA AND THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION {PILI. No.259 of 2O2A ORDER: Pet the Ha 'bte the CLLielJusr,ce sorrsh Crun dn Sharna) Ms. M.V. Archita, learned counsel, has argued before this Court that the State Government has framed a scheme for grant of Rs.10,000/- to ali those persons, who were affected by the floods, and to that effect a Government order was issued i.e., G.O.Rt.No.525, Municipal Administration and Urban Development (GHMC.ll) Department, dated 19.1O.2O2O. Her contention is that as per the aforesaid Government order, an amount of Rs.10,000/- has to be paid to all the persons and in the present public interest litigation a prayer has been made to pay the amount through banking transfer instead of paying cash to the residents of Telangana.

At this juncture, learned Government Advocate has stated ) \ before this Court that pursuant to issuance of G.O.Rt.No.525, dated 19.lO.2O2O, the amount has already been distributed to a1l beneficiaries.

Learned counsel appearing for the petitioner was fair enough in stating before this Court that as the amount has

\ already been distributed pursuant to the aforesaid Government order, nothing survives in the present public interest litigation. Accordingly, the public interest litigation is disposed of, However, it is made clear that the ground advanced by Ms. M.V.Archita is a genuine ground, as she is having an apprehension that in most of such schemes of the Government the actual beneliciary does not get the lull amount in case it is given in cash and therefore from henceforth in respect of all other schemes whether it is on account of flood, heavy rains or any other calamity, the amount should be transferred through banking transaction only to the beneficiaries in the State of Telangana in order to ensure transparency in disbursement of the amount.

Miscellaneous applications pending, if any, shall stand closed. There shall be no order as to costs.

SD/.K.SAILESHI ASSISTANT REGISTRAR '1.

II ,TRUE COPY// SECTION OFFICER To

1. The Chief Secretary, Secretariat, State of Telangana, Hyderabad.

2. The Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buildings, State of Telangana, Hyderabad.

3. Two CC to the Advocate General, High Court for the State of Telangana at Hyderabad. (OUT)

4. Two CC to the G.P FOR MUNICIPAL ADMN AND URBAN DEV, High Court for the State of Telangana at Hyderabad. (OUT)

5. One CC to SRI.P.SHASHI KIRAN, Advocate [OPUC]

6. Two CD Copies SA+One )pare c6py Bs tRP

HIGH COURT DATED:0710312022 TA 14:

S L )e ( o 1q z [22 "l o IiiAY \ 'le ,TJ *

ORDER

WP(PIL).No.259 of 2020 DISPOSING OF THE W.P(PIL) WITHOUT COSTS.

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