HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.22056 OF 2008 DATED:22.9.2014 Between:
Kurukshethra Non-Governmental Organization Rep. by its President Juvadi Sagar Rao R/o.H.No.7-5-113 Jammikunta Post and Mandal Karimnagar District … Petitioner And The Commissioner & Director of Marketing Government of A.P., Hyderabad and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.22056 OF 2008 ORDER: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This writ petition has been filed by the petitioner asking for writ of mandamus declaring the action of respondent No.5 in not taking any action in spite of receipt of the report from respondent No.4 as illegal, arbitrary, unconstitutional and consequentially direct the respondent Nos.1 and 2 herein to forthwith open bank accounts to all the cotton farmers and to deposit/disburse the sale proceeds of the cotton into their account only.
We are not concerned with second portion of the prayer relating to opening of bank accounts of all the cotton farmers and to deposit/disburse the sale proceeds of the cotton into their account only. We are concerned with non-implementation of the report given by the Central Bureau of Investigation, which found irregularities in disbursing government fund. In the counter affidavit filed on behalf of respondent Nos.3 and 5, such irregularities have not been denied and disputed rather the Agricultural Market Committee is sought to be blamed for these irregularities. We are not satisfied with the said explanation. We think that the misappropriation of funds could be unearthed if proper investigation is made.
We, therefore, direct respondent No.4 - Superintendent of Police to start investigation after lodging necessary First Information Report as to the criminality of this matter. This must be completed as early as possible. We are not unaware of the fact that the incident relates to the years 2004-2005, 2005-2006 and 2006-2007, but as far as criminality of the matter is concerned the above period do not come in the way.
With the above direction, this writ petition is disposed of.
Pending miscellaneous petitions, if any, shall stand closed.
There will be no order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 22.9.2014 bnr