Gollapalli Rama Goud v. The Secretary, Panchayat Raj Department,

[ 32s6 j HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF MARCH TWO THOUSAND AND TWENry THREE PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY wRlT PETITION NO: '10850 OF 2010 Between:

Gollapalli Rama Goud, S/o.Chinnarajam, age 43 years, Occ: MPTC Member, Mandal Parishad, Mallapur R/o. Mutyampet Village, Mandal: Mallapur. Karimnagar District Andhra Pradesh.

...PETITIONER AND The Secretary, Panchayat Raj Department, Government ofAndhra Pradesh, secretariat Buildings, Hyderabad.

The Collector, Karimnagar District Collector Office, Karimnagar (A.P.) The Chief Executive Officer, Zilla Parishad, Karimnagar, Karimnagar District. Mandal Parishad Development Officer, Mandal Parishad, Mallapur, District Karimnagar (AP) Nalla Rajanna, S/o.late Linganna, age 45 years, President, Mandal Parishad Mallapur Mandal Parishad Office, Mallapur, Dist: KarimnagarMr.Ganta Venkat Narhari, S/o not known age: Major, Occ: Govt. employee Clo. Zllla Praja Parishad, Karimnagar.

b Mr. K. Laxminarayan, S/o and age not known, Occ: Govt. employee, Superintendent, Zilla Praja Parishad, Karimnagar, ...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 to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring:

the malfeasance and misfeasance and fraud by abuse of power by the respondent No.5 in connivance and collusion with the respondent Nos. 6 and 7, as illegal and contrary to the provisions and objects of the Panchayat Raj Act.

i)

ii) ii) the action on the part of the respondent No.'1 in not initiating the enquiry and the investigation into the illegalities of fraud and abuse of power by the respondent No.5, in spite of the representation made by the petitioner and other M.P.T.C. members, as illegal and contrary to section 249(1) of the Panchayat Raj Act.

and direct the respondent No.1 to order an enquiry and investigation against the respondent No.5 into the illegalities of fraud, malfeasance and misfeasance by abuse of power and direct the respondent No.1 to cancel the resolutions passed by the respondent No.5 approving the proposals for the year 2010-2011, for the deployment of funds of the Mandal under the various schemes. and direct the respondent No.2 to initiate appropriate proceedings and take action against the respondent Nos. 6 and 7 fot the illegalities of fraud committed by them in collusion with respondent No.5 iai) iv) v) l.A. NO:3 OF 2010(WPMP. NO: 13873 OF 2010) 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 suspend the respondent No.

5 from the office of the President of the Mandal Parishad, Mallapur, Karimnagar District. by exercise of power under Section 249(6) of the Panchayat Ra1 Act, by ordering an enquiry and investigation under Section 2a9() of the A P. Panchayat Raj Act, pending disposal of the above writ petition.

l.A. NO: 1 OF 201O(WPMP. NO: 13871 OF 2010) 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 suspend the resolutions passed by the Mandal Parishad, Mallapur, approving the proposal for the year 2010-201 1, for deployment of funds of the Mallapur Mandal, in exercise of powers conferred under section 246(3) of the Panchayat Raj Act, pending disposal of the above writ petition l.A. NO: 2 OF 2010(wPMP. NO: 13872OF 20101 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 respondent No.

4 not to disburse the funds to the contractor in respect of the funds of the Mandal Parishad, Mallapur, Karimnagar District for the year 2008-2009 and 2009-20'1 0, pending disposal of the above writ petition Counsel for the Petitioner: SRI NARAYAN LAXMAN RAO Counsel for the Respondent Nos. 1 to 4: GP FOR PANCHAYAT RAJ & RURAL DEV Counsel for the Respondent Nos.

HON'BLE SRI JUSTICE C. V. BHASKAR REDDY WRIT PETITION No.1O85O of 2O1O ORDER:

The writ petition has been filed praying this Court to declare action of the respondents in not initiating action against respondent Nos.5 to 7 for their malleasance and misfeasalce in abusing their power as public representatives and further prayed to conduct investigation into the illegalities and fraud played by respondent Nos.5 to 7 in deployment of funds under various schemes.

2.

This writ petition is pending since 2010 and no counter affidavit has been filed.

3.

Admittedly, the respondents in this case are public representatives who.were elected for a period of five years in the year 2OlO. The elected period has been expired long back. During their tenure, no action has initiatcd by the authorities for conducting any enquiry

under the provisions of Section 249(ll of the Andhra Pradesh Panchayat Raj Act, 1994 for misappropriation of amounts.

4.

Since the cause in the present writ petition no more survives, this writ petition is dismissed as infructuous. However, petitioner is given liberty, in the event any cause survives in the writ petition, to seek revival of the same in accordance with law. There shall be no order as to costs.

As a sequel, the miscellaneous petitions, if any pending in the Writ Petition, shall also stand closed. SD'-G.SIREESHA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER \ To One CC to SRl. NARAYAN LAXMAN RAO Adv-ocate LOPUCI - i;; cc;i"-ci ron pAlcHnYAr RAJ & RURAL DEv' Hish court for the State of Telangana at Hyderabad [OUT] Two CD CoPies KKS SW

HIGH COURT DATED:1510312023 e s iAr€'

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ORDER

-i: ,^::r'.il \ WP.No.10850 of 2010 DISMISSING OF THE WP AS INFRUCTUOUS WITHOUT COSTS