IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.14708 of 2008 Between: ITC Limited, having its Registered Office at "Virginia House”, 37, Jawaharlal Nehru Road, Kolkata-700 071 with the Divisional Head Quarters of its Paperboards and Specialty Papers Division situated at 106, S.P. Road, Secunderabad, and one of its manufacturing units located at Sarapaka-507 128, Khammam District, represented by Vice-President (Finance), Mr. Raja Parasuram. ...Petitioner And 1. The Andhra Pradesh Lok Ayukata and Upa- Lokayukta, represented by its Registrar, Basheerbagh, Hyderabad-500 063. 2. The District Collector, Khammam District, Khammam. 3. The Revenue Divisional Officer, Palvancha, Khammam District. 4. The Tahsildar, Burgampahad, Burgampahad Mandal, Khammam District. 5. Mr. R. Krishn Rao, B.Sc., the then Tahsildar, Burgampahad, Burgampahad Mandal, Khammam District. 6. T. Prakash Rao. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the aﬃdavit ﬁled herein the High Court will be pleased to issue a Writ, more particularly, one in the nature of a Writ of Mandamus, or any other appropriate Writ, order or direction: (a) declaring the proceedings of respondent No.1 herein viz., the Andhra Pradesh Lok Ayukta and Upa- Lokayukta in Complaint No.349/2006/B1 as illegal, ultra vires the provisions of Act XI of 1983, non-est in law, violative of Articles 14 & 19(1)(g) of the Constitution of India wholly without jurisdiction; (b) consequently set aside the impugned order dated 23.06.2008 passed by respondent No.1 in Complaint No.349/2006/B1 as well as the proceedings in Rc.No.E1/2481/2007, dated 02.07.2008 of respondent No.2 viz., the District Collector, Khammam, Khammam District; and pass such other order or orders. Counsel for the petitioner : Sri C.R. Sridharan Counsel for respondent No.1 : Sri M.V.S. Suresh Kumar Counsel for respondent Nos.2 to 4 : Government Pleader for Revenue Counsel for respondent No.5 : None The Court made the following: ORDER: (Per Anil R. Dave, C.J.) The petitioner is challenging the jurisdiction of respondent No.1. The case of the petitioner is that respondent No.1 has no jurisdiction to pass any order against it. Learned Advocate appearing for respondent No.1 – Honourable Lok Ayukta has submitted that at this juncture, no order of whatsoever type has been passed against the petitioner by respondent No.1. In the circumstances, according to him, this petition is premature. Upon perusal of the papers, we also ﬁnd that at this juncture, no order has been passed by respondent No.1 against the petitioner. In our opinion, it would be just and proper if the petitioner represents its case before the Honourable Lok Ayukta and it would be open to the petitioner to raise a plea with regard to jurisdiction also before the Honourable Lok Ayukta. Learned Advocate, Sri C.R. Sridharan, appearing for the petitioner, has submitted that the petitioner shall approach the Honorable Lok Ayukta within two weeks from today. It would be open to the petitioner to approach the Honourable Lok Ayukta and raise all contentions including the contention with regard to jurisdiction before the Honourable Lok Ayukta. It is directed that for a period of two weeks from today, no order shall be passed against the petitioner by the Honourable Lok Ayukta. The petition stands disposed of in view of the above order with no order as to costs. ANIL R. DAVE, C.J. 13th October, 2008 R. SUBHASH REDDY, J. ……REGISTRAR To 1. The Registrar, Andhra Pradesh Lok Ayukata and Upa- Lokayukta, Basheerbagh, Hyderabad-500 063. 2. The District Collector, Khammam District, Khammam. 3. The Revenue Divisional Officer, Palvancha, Khammam District. 4. The Tahsildar, Burgampahad, Burgampahad Mandal, Khammam 5. Two copies to the Govt. Pleader for Revenue, High Court Buildings, Hyderabad (OUT). 6. Two C.D. copies. ARS