IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT: THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION No. 16907 OF 2009 Between: M.Madan Mohan Reddy …… petitioner AND K.Ramanjulu and others ......Respondents Counsel for the petitioner: Counsel for the Respondents: The Court made the following:- THE HONOURALE SRI JUSTICE G. CHANDRAIAH W.P. No.16907 of 2009 ORDER: This writ petition has been filed seeking to issue Writ of Mandamus declaring the action of the respondents 2 to 4 in not taking any action on the representation dated 02.08.2009 submitted by him, is illegal arbitrary and consequently direct the District Panchayat Officer, to lodge a complaint against the 1st respondent with regard to forgery of cheques and misappropriation of Grama Panchayat funds. The case of the petitioner is that he is the Upa Sarpanch of Bhumayapalli Grampanchayat and the 1st respondent is the Sarpanch. The petitioner, ward members and villagers of the village have submitted a representation stating that the 1st respondent has drawn the SFC, TFC and general funds without execution of works and misappropriated the funds and had not taken any developmental activities in the Gram panchayat. In pursuance to the said representation, the District Collector appointed the 5th respondent, District Panchayat Officer, Kadapa, as an Enquiry Officer, who conducted enquiry on the allegations levelled against the 1st respondent and submitted a report to the District Collector, Kadapa requesting him to take necessary action for payment of the misappropriated amount. It is also submitted that the petitioner gave a complaint dated 02.08.2009 to the 2nd respondent, Superintendent of Police, requesting him to register a criminal case against the 1st respondent for misuse of power, misappropriation of funds and forgery. Though the 2nd respondent forwarded the same to the 3rd respondent, Deputy Superintendent of Police, with an endorsement for taking appropriate action against the 1st respondent, the 3rd respondent did not take any action on the said complaint, so far. Hence, the present writ petition. The learned Government Pleader for Home, based on the written statement submitted by the 4th respondent, submitted that the Sub Divisional Police Officer, Mydukur Sub Division addressed a letter to the Extension Officer, (PR & RD) MPDO’s Office, Khajipet Mandal seeking information about the 1st respondent along with connected original records, enquiry report and proceedings of higher authorities to register a criminal case. It is also submitted that soon after receipt of the relevant documents and complaint from the Extension Officer, the 4th respondent will register a criminal case against the 1st respondent, at the earliest. Heard the learned counsel on either side and perused the material on record. The main grievance of the petitioner is that though they have lodged a complaint against the 1st respondent, the respondents have not registered a criminal case, so far, for which the learned Government Pleader submitted that soon after receipt of the relevant documents and complaint from the Extension Officer a criminal case will be registered against the 1st respondent. Having regard to the facts and circumstances of the case and the submissions made by the learned counsel on either side, I deem it appropriate to direct the 4th respondent, Station House Officer, Khajipet, Kadapa District, to take necessary action in the matter, in accordance with law, pursuant to the complaint lodged by the petitioner. Accordingly, with the above direction, this writ petition is disposed of, at the threshold. There shall be no order as to costs. ___________________________ JUSTICE G. CHANDRAIAH Date: 22.09.2009 LSK/IVD