Remanded

Rathod Parashuram v. The State of Telangana

Telangana HC8 Oct 2020WP/10323/2020

Case brief

AI extract

What is this about?

Writ petition filed for mandamus declaring inaction on a misappropriation complaint illegal. Held, inquiry under Section 37, Telangana Panchayat Raj Act concludes as order remanded. Miscellaneous petitions closed without costs.

What did the court decide?

Direction to respondents to conclude the enquiry and take necessary action in accordance with the law, strictly complying with Section 37 of the Telangana Panchayat Raj Act, 2018.

Rathod Parashuram Vs The State of Telangana — Public Procurement and Tenders | Telangana HC (2020)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY

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PRESENT

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THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM

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WRIT PETITION NO: 10323 OF 2o2o

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Between:

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Rathod Parashuram, Wio. Rathod Vasthram, Aged about 50 years, Occ: Agriculture, R/o, H.No.5-17, Hasnapur village, Utnoor Mandal, Adilabad District.

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...PET|T|ONER

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AND

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1, The State of Telangana, Represented by it Principal Secretary, Panchayath Raj Department, Secretariat Building, Hyderabad.

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The District Collector, Adilabad, Adilabad District.

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The District Panchayath Raj Officer, Adilabad, Adilabad District.

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The Divisional Panchayath Raj Officer, Utnoor, Adilabad District.

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The Panchyath Secretory, Hasnpur village, Utnoor lt/andal, Adialabad District

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...RESPONDENTS

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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 any writ or writs order or direction more particularly one in the nature of WRIT OF MANDAIVUS declaring the action of the respondent no.2 to 5 in not considering the representation dt.1 2-06-2020 submitted by the petitioner and not conducting the enquiry misappropriation of funds more than one crore in the Hasnapur village, Utnoor IVlandal, Adilabad District, is as illegal arbitrary and violation of the principles of natural^justice and set aside the same in the interest of justice and equity.

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lA NO: 1 OF 2020

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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.2 to 5 to consider the application d1.12-06-2020 and conduct the enquiry of misappropriation of funds more than one crore in the Gram Panchayath Hasnaur, Utnoor Mandal, Adilabad District and^pending disposal of the Writ Petition. Counsel for the Petitioner: M/s. MOGILI ANAVENI

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Counsel for the Respondent Nos.1 to 4:

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AGP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT

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Counsel for the Respondent No.5: SRI G. NARENDER REDDY,

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SC FOR GRAM PANCHAYAT

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM

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WRIT PETITION No. 10323 of 2020

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ORDER:

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ln this writ petition, grievance of the petitioner is that though she submitted representation dated 12.06.2020 with respect to the omissions and commissions on the part of the Sarpanch, Hasnapur, Utnoor [t/andal, for misappropriation of funds, no action has been taken so far.

¶28

Learned Assistant Government Pleader^placed before this Court the written instructions received from respondent No.3-Distrcit Panchayat Officer. Adilabad, which read as under

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1	The applicantfiledrepresentationon^'12.062020 totheDistrict Collector,Adilabad.
2	The contention ofthepetitioneristhattheEx-Sarpanch,Gram
	Panchayat, HasnapurofUtnoorl,4andalhasmisusedthe fu nds.
3.	TheDivisional PanchayatOfficer, Utnoorhasrequestedto conductadetailed enquiry ontherepresentationof SriRathod
	Parashuram, S/o.Vasuram, R/o.HasnapurofUtnoorlvlandal
	videDistrictPanchayatOfficer,Adilanad[ilemo No.42lK4.Pts/2020, dated 23.06.2020.
4	AsperdirectionoftheDistrict Panchayat Officer, Adilabad,the
	DivisionalPanchayatOfficer, Utnoorhasissued noticefor conductofenquiry on 31.07.2020.
5	TheDivisional PanchayatOfficer, Utnoorhasconducted enquiry on07.08.2020.
6	TheDivisional Panchayat Officer. Utnoorhassubmittedthe
	enquiryreporton19.09.2020videLr.No.11/A1.Ptsi2020, dated19.092A2Oandreceivedon2809.2020
7	Thereportisunderverificationandwillbefinalizedwithin week days andsubmitteddetailedrepo(to theHonbleHigh Court.

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ln view of the above,^{the writ petitionis disposedof with the} dlrection to the^{respondentsto conclude the enquiryand take} necessary action^{in accordancewith law, strictly by complyingwith} the^{procedure prescribedunder Section 37 of the Telangana} Panchayat Raj Act,^2018.

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I/iscellaneous^{petitions, if any, pendingin this writ petition}

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shall stand closed.^{There shall be no order as to costs}

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SD/-K.SAILESHI ASSISTANT REGI AR ,TRUE COPY' SECTI OFFICER

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To,

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The Principal Secretary, Panchayath Raj Department, State of Telangana, Secretariat Building, Hyderabad.

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The District Collector, Adilabad, Adilabad District.

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The District Panchayath Raj Officer, Adilabad, Adilabad District.

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The Divisional Panchayath Raj Officer, Utnoor, Adilabad District.

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The Panchyath Secretary, Hasnpur village, Utnoor lr/andal, Adialabad District

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One CC to Mis. Ivlogili Anaveni Advocate IOPUC]

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Two CCs to GP for Panchayat Ra.j & Rural Development, High Court for the State of Telangana at Hyderabad. [OUT]

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OneCCto Sri G. NarenderReddy, SCforGram Panchayat [OPUC] 9. Two CD Copies cHq-. c,.'

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HIGH COURT

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DATED:0811012020

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1 He s 14 Ie
c
c
o 0 5 N0v 2tl2(] j)
* DF{ q.'j

¶46

ORDER

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W.P.No.10323^{of 2020}

¶48

DISPOSING^{OF THE WRIT PETITION} WITHOUT^COTS

¶49

..<br>.v"

Rathod Parashuram v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Rathod Parashuram v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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