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High Court for State of TelanganaWP/32612/2016dismissed

Gurajala Venkateswara Rao. v. Union Of India,

2016-09-26Suresh Kumar Kait5 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH [Special Original Jurisdiction] MONDAY THE TWENTYSIXTH DAY OF SEPTEMBER, 2016 PRESENT WRIT PETITION NO. 32612 OF 2016 Between:

Gurajala Venkateswara Rao ...

Petitioner V/s.

Union of India Rep by its Joint Secretary, Ministry of Finance [Dept. of Revenue] Central Secretariat New Delhi & Anr.

...

Respondents Counsel for the Petitioner:

Sri M. Janardhan Rao Counsel for the Respondents:

Sri P.Vishnuvardhan Reddy SC for Central Government The court made the following:

[order follows]

WRIT PETITION NO. 32612 OF 2016 O R D E R :

This writ petition is filed by the petitioner seeking writ of certiorari including the action taken report on the complaints filed by the petitioner before the first respondent on Centralized Public Grievance Redress and Monitoring System [CPGRAMS] vide letter in Proceedings F.No.C-20/141/2011, dated 8/12/2015 and in F.No. C20/Public Grievance/2016, dated 18/1/2016 under FEMA/PMLA Act against the named accused and to submit the action taken report so far by the respondents to enable this Court for giving appropriate directions to the respondents for taking appropriate action on the complaints pending before them and to pass such other suitable orders as this Court may deems fit and proper in the circumstances of the case.

2. Vide the present writ petition, the petitioner seeks direction thereby directing the respondents to submit the action taken report so far by the respondents vide letter in Proceedings F.No. C-

20/141/2011 dated 8/12/2015 and in F.No.

C-20/Public Grievance/2016, dated 18/1/2016.

3. After going through the affidavit filed in support of the petition, it is established that vide letter dated 18/1/2016, the Assistant Director [Vigilance] conveyed to the petitioner that his application online reference registration No.DORVU/E/2015/01143 dated 22/12/2015 on CPGRAM portal on the above subject, after examination, since the same is in the nature of complaint regarding violation of the provisions of FEMA/PMLA, the matter has been referred to the concerned section of Enforcement Directorate for further appropriate action. This correspondence itself is from the office of respondent No.2 and the petitioner seeks direction against respondent No.2 to decide the complaint filed by the petitioner.

4. Since the respondent No.2 has already sent to the concerned section then the petitioner would have waited for the outcome of the same. However, the petitioners have filed the present writ petition.

5. I am of the view that the Enforcement Directorate is investigating the matter and certainly it takes time to establish, who is the real culprit. For the said purpose, sufficient time should be given to the concerned authority to investigate the matter at the earliest.

6. Since this writ petition is filed at the pre-mature stage, the same is accordingly dismissed at the admission stage. No costs.

7. As a sequel, miscellaneous petitions if any, pending in this writ petition shall stand closed.

___________________________________ JUSTICE SURESH KUMAR KAIT.

26/09/2016 I s L

WRIT PETITION NO. 32612 OF 2016 Date: 26/09/2016 Circulation No.

Court Master: I s L