Dismissed

Sapasetti Venkata Sainath v. State of Telangana

Telangana HC21 Dec 2021WP/11668/2019

Case brief

AI extract

What is this about?

This Writ Petition challenged the inaction of officials regarding a complaint by the petitioner against an Anganwadi teacher (Respondent No. 25) for allegedly going to the USA and cheating with records. The Court dismissed the petition, holding that the petitioner, being an accused in a related criminal case, lacked locus standi.

What did the court decide?

Direction to officials to investigate the leave record and take action against the accused respondent was refused as the petition was dismissed.

Sapasetti Venkata Sainath Vs State of… — Public Procurement and Tenders | Telangana HC (2021)

¶1

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

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TUESDAY, THE TWENTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

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WRIT PETITION NO: 11668 OF 2019

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Between:

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Sapasetti Venkata Sainath, S/o.SV Raja Gopala Rao Occu. Retired lnsurance Employee, R/o.H.No.2-7-96145, Ward No.22, Synikpuri Colony, Suryapet Town and District - 508213.

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...PETITIONER

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AND

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'1 . State of Telangana, rep.by its Prl.Secretary, Education Department, Secretariat Hyderabad.

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Superintendent of Police, Suryapet, Suryapet District.

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District Collector, Suryapet, Suryapet District.

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Regional Joint Director (Administration), Women Development Child Welfare Department, Near Sarathi Studio, Ameerpet, Hyderabad.

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District Welfare Officer, Jammigadda, Suryapet District.

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Child Development Project Officer, (ICDS) Neq Registration Office, Suryapet.

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Deputy Superintendent of Police, Tallagadda Sub-Division, Tallagadda

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Circle lnspector of Police, Suryapet Town, Suryapet - 50821 3.

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Regional Passport Officer, Passport Office Near Railway Station, Secunderabad

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'10. Shri Prakash Jadav, Superintendent of Police C/o.Director General of Police, Hyderabad

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Shri R.Venkateshwarlu, Superintendent of Police, Suryapet C/o.Office of Superintendent of Police, Suryapet.

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12.Shri Vijayachandrika, Child Development Project Officer (CDPO) C/o.CDPO, Near Registration Office, Suryapet.

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Shri Kamalapriya, Present Child Development Project Officer Near Registration Office, Suryapet - 508213.

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14.Shri V.Munnaiah, District Welfare Ofiicer (Retd.) C/o.DWO, Jammigadda, Suryapet - 508213.

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15.Shri S.Kiran Kumar, Present District Welfare Officer, Jammigadda, Suryapet508213.

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',l6. Smt.Anurada, Previous Regional Joint Director, C/o.JRD (Admn) Near Sarathi Studio, Ameerpet, Hyderabad.

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1 7. Smt.Laxmi, Present Regional Joint Director (Admn) WDCW, Ameerpet, Hyderabad.

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'18. Shri Nageshwar Rao, DSP Tallagadda Division, Tallagadda

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Shri Shivashankar, Circle lnspector of Police, Suryapet Town.Suryapet.

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Shri K.Surendra lrilohan, lAS, Previous District Collector, Suryapet

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Shri Amoy Kumar, IAS Present District Collector, Suryapel - 508213.

¶31

Shri Sanjeeva Reddy, Joint Collector, Collectorate, Duraipally, Suryapet.

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2-&Shri Juttukonda )atyanarayana, Ex Municipal Chairman Jemmigadda, Suryapet

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24.Dr.V.Krishna Go rd, Sanjeevini Hospital, Kudakuda Road, Suryapet - 508213.

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Dongari Prabhar athi, Wo.D.Shankar Rao, Aged 43 years, Occ. Anganwadi Teacher No.2-7 96143, Ward No.22, Sainikpuri Colony, Suryapet - 508213.

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26.Guntakandla Jai adish Reddy, S/o.Ramchandra Reddy, Age. 53 years, Education Minisl lr of Telangana State, Secretariat, Hyderabad.

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(RR 10 to 24 an( 26 are not necessary in this W.P)

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...RESPONDENTS

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Petition under \rticle 226 of the Constitution of lndia^praying that in the circumstances stated rthe affidavit filed therewith, the High Court may be pleased to issue a Writ, Orde or Orders, more^{particularly,} one in thr: nature of Writ of Mandamus declaring lie action of official respondents in not taking action against 25th respondent and :lso not taking any action against on^petitioners complaint dt.11.01.2018lodged^rrith Circle lnspector, Suryapet Town, Surypapet^- 5082'1 3, as amounting to highly ar )itrary, illegal and unco n stitutio na I and consequently to direct the respondents 1 to 8 to^place a status report before the above Honble Court about the 25th respondents I :ave record particularly from 03.08.20'17 to 01 .01 .2018 when she has left for United 3tates unauthorizedly and pass

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lA NO: 1 OF 2019

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Petition under I ection 151 CPC praying that in the circumstances stated in the affidavit filed in su rport of the petition, the High Court may b,e pleased to direct the respondents 1 to 3 to place a status report before the above Hon'ble Court about the 25th responr ents leave record particularly from 03.08.:2017 to 01 .01.2018 when she has left for L nited States unauthorizedly,

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Counsel for the Petitic ner: SRI GOPALA KRISHNA KALANIDHI

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Counsel for the Respc ndent No.1: GP FOR EDUCATION

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Counsel for the Respc ndent Nos.2,7 & 8: AGP FOR HOME

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Counsel for the Respc ldent Nos.3 to 6: GP FOR SOCIAL WELF,ARE

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Counsel for the Respc rdent No.9: SRI N.RAJESWAR RAO, SC for Central Govt.

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The Court made the fo lowing: ORDER

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lfhe Hon'ble Sri Justice B. Viiaysen Reddy

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¶49

tW.P. No. 11668 of 2019

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Order:

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Heard leamed counsel for the peririoner and leamed fusistant Govemment Pleader for Home.

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This Writ Petition is filed to declare the action of the official respondents, in not acting upon the petitioner's complainr dated ll.Ol.2O18, as illegal and artitrary and for a consequenrial direction to respondents No.1 to 8 to place a status repon before this Coun, about the leave record of respondent No.25, panicularly, from 03.08.2017 to 01.01.2018 during which period, she purportedly left for United States unauthorisedly.

¶53

In the complaint dated 11.01.2018, it is stated bythe petitioner that he has sought information under the RTI Act about the alleged illegal admission of his children by respondent No.25 in the Anganwadi centre and enrolling their names in anganwadi cenrre records; that respondent No.25 went to USA for considenble period by cheating CDS and by producing false medical cenificates; that enquiry be conducted in that regard; that respondent No.25, taking advantage of her gender, is reporting false case against him and that therefore, he needs protecrion. 4. In the counter filed by respondent No.2, it is stated that petitioner is accused in G.No.31 of 2018 of Suryapet Town Police Station, registered for the offences punishable under Sections 354 (D) and 506 iPQ on a complaint lodged by respondent No.25 stating that she is working as Anganwadi teacher since rwo )€ars; that petitioner is her

;

j I

neighbour and t rat he started sexually hanssing her and threatened her with dire conseq lences. That the Police have examined eight witnesses, recorded their d, tailed statements, issued Section 41-A Cr.P.C., notice to the petitioner/ar cus€d and filed chargesheet in C.C.No.3361 of 2018 before the Judic. rl Fint Class lvlagistrate, Suqiapet. The allegation of the petitioner that at the instigation of respondent No.26lEducadon Minister, the Police harass, d the petitioner was also denied.

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It is conte rded by leamed fusistant Govemment Pleader that the allegations rnade bythe petitioner in his complaint dated 11.01.2018, are incorrect, far fro n truth and have been created for the pu{pose of filing this Vrit Pedtior. He submined that investigation was conducted in the above crime in a air and impanial manner a6d there is no ioul play on the pan of the Police

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6, Flaving co rsidered the submissions of leamed corlnsel on either side, this Coun ir of the view that the petitioner himself being accused in Gime No,31 of 2018, does not have any /ocns standi to lodge complaint against respondrnt No.25 and that the complaint dated 11.01.2018 appears to have I een filed by him out of malice and as a countertlast to the complaint file I byrespondent No.25.

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\7rit Petit cn is misconceived and the same is, accoridingly, dismissed.

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fu a seq, Lel, Miscellaneous Petitions, pending if any, smnd dismissed.

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,TRUE COPY//

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SD/.P.PADMANABHA REDDY ASSISTANT REGISTRAR r !t';

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SECTION OFFICER

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To, 1 TWO CCs to the Gl 'fo r Fducation, High Court for the State of Telanoana [OUT] 2 TWO CCs to the GI 'fo r Home. High C-ourt for the State ot tetangani [OUt]

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3 Two CCs to the GP for Education, High Court for the State of Telangana [OUT]
4 One CC to SRI GOPALA KRISHNA KALANIDHI, Advocate [OPUC]
/ 4 One CC to SRI N.RAJESWAR RAO, SC for Central Govt. [OPUC]
b Two C.D. Copies,
7 One Spare Copy.
M RC
wr-
d

HIGH COURT

DATED:21 11212121

ORDER

WP.No.11668 cf 2019

i
t
l; -l
t::
IJ

DISMISSING TI{E WRIT PETITION

¶74

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F'

Sapasetti Venkata Sainath v. State of Telangana

Case brief

What is this about?

What did the court decide?

Sapasetti Venkata Sainath v. State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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