The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.26691 of 2011 Date: 23.09.2011 Between: N.Radhakrishna ..... Petitioner AND 1.The Government of Andhra Pradesh, rep. by its Principle Secretary to Government, MAUD, Secretariat, Hyderabad and another. .....Respondents Counsel for the Petitioner: Dr.P.B.Vijaya Kumar Counsel for respondent No.1: AGP for Municipal Administration Counsel for respondent No.2: Mr.R.Ramachandra Reddy SC for ACB The Court made the following: Order: The petitioner, who was formerly Director General, Town and Country Planning, and who was convicted and sentenced vide judgment, dated 31-01-2008, in C.C.No.56 of 2003, on the file of the Special Judge for SPE & ACB Cases, Hyderabad, on various charges pertaining to his functioning as Director General, filed the present Writ Petition, assailing the validity of G.O.Ms.No.475 MA, dated 26-10-2002, whereby sanction for his prosecution was given. It is the pleaded case of the petitioner that the said sanction was given on a totally erroneous premise that he was responsible for regularisation of violations made in construction of apartments, that what was recommended by him was only relaxation and that even such relaxation was, eventually, not granted by the Government, which was the competent authority. Sri R.Ramachandra Reddy, learned Standing Counsel for ACB, representing respondent No.2, submitted that in Criminal Appeal No.163 of 2008, filed against judgment, dated 31-01-2008, in C.C.No.56 of 2003, on the file of the Special Judge for SPE & ACB Cases, Hyderabad, the petitioner has raised all the grounds, which are raised in the present Writ Petition, as additional grounds and that the said Criminal Appeal is pending. In my opinion, the sanction issued by the impugned GO having already led to the petitioner’s prosecution and conviction, it is too belated for the petitioner to question the validity of such sanction at this stage. The petitioner, having already raised the grounds urged in the Writ Petition in the pending Criminal Appeal, is entitled to pursue the same. In this view of the matter, the Writ Petition is dismissed with liberty to the petitioner to pursue the pending Criminal Appeal. As a sequel to dismissal of the Writ Petition, WPMP.No.32939 of 2011, filed by the petitioner for interim relief, is disposed of as infructuous. ______________________ (C.V.Nagarjuna Reddy, J) 23rd September, 2011 LUR