Disposed

Nuka Hanumantha Rao v. The State of Telangana and 2 others

Telangana HC23 Mar 2023WP/32808/2022

Case brief

AI extract

What is this about?

Writ petition by an ex-President of a fishermen cooperative society seeking a direction to release funds incurred during his tenure. The High Court allowed the claim pending on the principle that the claimant is entitled to submit claims during an inquiry into alleged financial irregularities.

What did the court decide?

Liberty granted to petitioner to apply for relief after completion of proceedings before the inquiry officer. Writ petition disposed of without costs.

Nuka Hanumantha Rao Vs The State of Telangana and 2… — Service and Employment | Telangana HC (2023)

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t^3303l

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

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THURSDAY ,THE TWENry THIRD DAY OF MARCH TWO THOUSAND AND TWENry THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE J SREENTVAS RAO

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WRIT PETITION NO: 32808 OF 2022

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Between:

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Nuka Hanumantha Rao, S/o. Late Veeraiah, Aged 62 years, Occ Ex-oresident Bhairavunipall Fisherman co-operative socieft., R/o.Bhairavunipally Village, Nelakondapally Mandal, Khammdm District.

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AND

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...PET|T|ONER

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1 The State of.Telangana, Rep by its Principal Secretary Fisheries Department Secretariat, Hyderabad.

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2 The District Fisheries officer /Assistant Director of Fisheries, Khammam district at khammam,

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3 The Fisherm.en cooperative_.society., BhairavunipalliVillage, Rep by its President, Bhairavunipalli Village, ir,lelakondapaili MandaT, khamm'am Oistrict.

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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 Writ or direction preferably Writ of Mandamus, declaring the inaction of Respondent No.2 in releasing the amount incurred by petitioner during petitioner tenure as president for the purpose of purchase of fish seed, nets, payment of lease amount and advance payments made to the members and other amounts incurred by petitioner towards business activity of Respondent No.3 society, as illegal, arbitrary and violative of principles of natural justice and consequently direct Respondents to release the amount incurred by me for the purpose of purchase of fish seed, nets, payment of lease amount and advance payments made to the members and other amounts incurred by petitioner in respect of Respondent No.3 society

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lA NO: 1 OF 2022

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Petition und€ ' section 151 cpc praying that in the 3ircurnstances stated in the affidavil filed in support of the petition, the High c ourt may be pleased to direct the Resportr ent No.2 to consider and dispose of my representation Dt.31 .05.2021 for r lease of the amount incurred by petirior er for the purpose of purchase of fish se:d, nets, payment of lease amount lnrl :rdvrlnce payments made to the rremo rrs and other amounts incurred by celiti,)ner in respect of Respondent Nrr.3 s;r ciety, pending disposal of the writ petit o'r in the interest of justice.

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Counsel for the Peti ioner: SRl. K. JAGDEHWAR FOR SRt. SUBBr\ RAO VI\DREVU

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Counsel for the Resl,ondents No.1&2: AGP FOR FISHERIES

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Counsel for the Resl ondents NO.3: SRl. M. YESHWANTH KlrillAF

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The Court made the lDllowing: ORDER

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HON'BLE SRI JUSTICE J. SREENIVAS RAO

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WRIT PETITION No.328()a of 2022

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ORDER:

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This writ petition is filed seeking the following reliet

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"...to issue Writ or direction preferably Writ of Mandamus, declaring the inaction of Respondent No-2 in releasing the amount incurred by petitioner during petition tenure as president for the purpose of purchase of lish seed, nets, payment of lease amount and advance payments made to the members and other amounts incurred by petitioner towards business activity of Respondent No.3 society, as illcgal arbitrary and violative of principtes of natural justice and consequenfly direct Respondents to release the amount incurred by me for the purpose of purchase of lish seed, nets, payment of lease amount and advance payments made to the members and other amounts incurred by petitioner in respect of Respondent No 3 society."

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2 Heard Sri K. Jagadeeshwar, learned counsel representing Sri V. Subba Rao, learned counsel for the petitioner, learned Assistant Government pleader for Fisheries appearing for respondent Nos. I and 2 and Sri M.Yashwanth Kumar learned counsel for respondent Nos.3Society.

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Learned counsel for the petitioner subinits that petitioner is an Ex-President of respondent No.3 Society and he had submitted representation on 31.05.2O2L to the respondent Nos.2 and 3, requesting them to release the amounts which were incurred by him during his tenure and

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till caLc hr-' respondcnt No.2 and 3 havt: rr(l . lilkelr any dccision rr r Lhe said rr:presen tation .

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Pc^' t'.ctrttra, learned counsel appearing 1c,1 rcspondent No.3 srrlr^-riLs that the petitioncr durjng his tonure as Prcsirle nt rf rospondent No.3-Socicty has irLvch.:d in illegal activi ie,.i nd cause d financial losses t,r t he ljocietl' and Respc. ncler No.3-Society filed criminal (:onrplzlr nts against tl'rc ,)ctil i^,ne r and the same is pcnc ir-r 3. S rmilarly, rcsporrdeln No.3-Socrety made repres,enta.li:rn to the resl)orIderl I{o.2 to conduct enquiry atrout tt e llnar-rcial irregu.ar-i1ir s committed by tlle pctitioner.

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l,r: r ncd Assislant Government Ple ircl:r' fc,r Fisherics submi .s tl Li t I)asing on the representati()n of th,r |csl)ondent No-ll-So<:ict rt:spondent No.2 issued Prc,cc:<iirrr,s ui<7e R.C.No :324 A/2022, clated 22.O2.2Cl23 rl(pr€stirrg ttre Corlmrssior -'r of Fisl-reries, Tclangana State, lJlr errtbacl Lo .rppoin zrn ) nqlriry Officer, to conduct enqltirl- il^.r< the same is pcnding :r ,nsideration beforc the said authc,ril1..

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Si.re urther subrnits that the clairn of tht: pc.rlioner for refu nd r the atnount does not arise ,rn<l llr,:: s amc is sllbJect t() 1l e outcome o[ the enquiry whir.h is g,r,in11 to be conducte cl 1r. t ltc cn<luirv officcr and respon(lerrt rL,- thc rities. 7. In r i u of thc foregoing reasons, tlte l)or, tio;ter :rs rt,cll as^-csp, r(l('nt No.3 Societv are entitled tc s,.rl.mi. their

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respective claims during the course of enquiry and liberty is granted to the petitioner to make necessary application after the completion of entire proceedings.

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Accordingly, the Writ petition is disposed of.^No costs.

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As a sequel, miscellaneous^{petitions, pending} if^any, shall stand closed.

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SD/.V.KAV]THA //TRUE COPY//^{ASSISTHEGISTRAR}

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sEcTtoN OFFTCER

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To,

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The Principal secretary Fisheries Department secretariat, T.s..Hvderabad. z. r ne urstnct Frsheries officer /Assistant Director of Fisheries, Kharirmam district at khammam,

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The Fishermen cooperative society., BhairavunipalliVillaqe. Reo bv its .^{rrresrdent, tlhairavunipalliVillagg,} Nelakondapaili Mandai, Khammim Diskict.

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Two CCs to Gp FOR FtsHERiES,Hish courlfo; ih; s6i;;i i;i;ifi;,;i Hyderabad [OUT]

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Q^{One CC to SRt. SUBBARAO} VADREVU, Advocate [OPUC]

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One CC to SR|.M. YESHWANTH KUMAR , AOrocat. [Oe-riC1 7. Two CD copies

ctP

HIGH COUR"

DATED:2310'.;12023

ORDER

WP.No.32808 of 2022

1i tilli ?t23
<br>

DISPOSING C F THE WRIT PETITION WITHOUT CC STS

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Nuka Hanumantha Rao v. The State of Telangana and 2 others

Case brief

What is this about?

What did the court decide?

Nuka Hanumantha Rao v. The State of Telangana and 2 others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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