IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION No.6175 of 2008 Between: 1 N.Sankaraiah, S/o.Balaiah, Hindu, Nizampet(V), Qutbullapur Mandal, R.R.Dist., 2 Bakka Ushaiah, S/o.late Balaiah,Hindu Nizampet(V), Qutbullapur Mandal, R.R.Dist., ..... PETITIONERS AND 1 The District Collector, Ranga Reddy District, Lakdikapool, Hyderabad. 2 The Divisional Panchayat Officer, Ranga Reddy (East) District, Near Nampally Railway Station, Hyderabad. 3 The Mandal Revenue Officer (Tahsildar), Quthbullapur Mandal, Ranga Reddy District, 4 The Commissioner of Police, Cyberabad Commissionarate, Ranga Reddy District, Lakdikapool, Hyderabad. 5 The Bill Collecotr (Karobar),Nizam pet(V), Quthbullapur Mandal, Ranga Reddy District, 6 The Village Secretary,Nizam pet(V), Quthbullapur Mandal, Ranga Reddy District, .....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 an appropriate writ, order or direction, more particularity one in the nature of writ of Mandamus directing the respondents to conduct enquiry as per petitioners representations dated 14.11.2007,14.02.2008 which are questioning the irregularities and illegal support to the encroachers land grabbers by the Bill Collector(Karobar), and Village Secretary and non- cooperation to the villagers as such seeking enquiry and to take action against them in Nizampet Village, Quthbullapur Mandal as their action is being illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and pass Counsel for the Petitioners: MR.RAMANA ALLU Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE Counsel for the Respondent No.4: GP FOR HOME Counsel for the Respondent Nos.5 and 6: G.P. FOR PANCHAYAT RAJ The Court made the following : ORDER: This writ petition is filed seeking the following relief: “to issue an appropriate writ, order or direction, more particularly one in the nature of writ of Mandamus directing the respondents to conduct enquiry as per petitioners representations dated 14.11.2007, 14.02.2008 which are questioning the irregularities and illegal support to the encroachers, land grabbers by the Bill Collector(Karobar), and Village Secretary and non-cooperation to the villagers as such seeking enquiry and to take action against them in Nizampet Village, Quthbullapur Mandal as their action is being illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and pass such other order or orders” It is the case of the petitioners that they are residents of Nizampet Village, Quthbullapur Mandal, Ranga Reddy District. Respondent No.5-Bill Collector (Karobar) and respondent No.6- Village Secretary are not co-operating to the villagers particularly the poor and S.C and S.T communities. In fact, they are working only for the encroachers, land grabbers, realtors and also to the political motives of the Village Sarpanch. Hence, the villagers complained to the Mandal Revenue Officer, Mandal Development Officer and Divisional Panchayat Officer to change respondents 5 and 6. It is their further case that respondents 5 and 6 are working in the same village since 20 years, without any transfer or shuffle and that they are misappropriating the public money and village budget. Respondent No.6-Village Secretary belongs to S.C community and if any villager asks any information frequently from him, at the initial stage he simply avoids, and at later stage he threatens them to face dire consequences and that he would give complaint against them under S.C. & S.T. (Prevention of Attrocities) Act, 1989. Further, taking advantage of the G.Os. issued by the Government to regularize the buildings where unauthorized constructions were built up, respondents 5 and 6 are collecting different amounts from the villagers without giving any receipts. The grievance of the petitioners is that the signatures of the first petitioner, who is the Ex-Sarpanch of the Village, were forged by respondents 5 and 6, and therefore, he made a complaint to the first respondent – the District Collector, Ranga Reddy District on 14.11.2007, but so far, no action has been taken against them. Thereafter, questioning the irregularities and the illegalities committed by respondents 5 and 6 and their non-cooperation to the villagers, the petitioners and the villagers made a representation to the first respondent on 14.02.2008. Even on the said representation, so far no enquiry is conducted. Hence, this writ petition. In response to the above writ allegations, the Divisional Panchayat Officer, Ranga Reddy (East) District-second respondent herein filed a counter-affidavit on behalf of respondents 2 and 4 stating that pursuant to the representation of the petitioners, dated 14.02.2008, even though twice time was fixed for conducting enquiry, the petitioners have not attended the enquiry, and sought time on the ground of personal inconvenience. As the things stood thus, respondent No.5-Bill Collector was transferred from Nizampet to Gram Panchayat Gundlapochampally of Medchal Mandal vide proceedings dated 05.07.2008. The allegation that the people belonging to SC and ST Communities gave representation that they are not getting any co- operation from the Gram Panchayat is denied. It is further stated that the first petitioner namely Shankaraiah has given duel statements before the enquiry officer with regard to his signature on layout plans. At one time, he has agreed that it was his signature and denied the signature at another time and therefore, the enquiry could not be finalized. The Deputy Collector and Tahsildar, Quthbullapur Mandal- third respondent herein also filed a counter-affidavit stating that respondent No.5-Bill Collector was already transferred to Gram Panchayat, Gundlapochampally of Medchal Mandal vide proceedings dated 05.07.2008. It is also stated that the second respondent-Divisional Panchayat Officer, Ranga Reddy District was appointed as Enquiry Officer and the enquiry is in progress. It is further stated that since respondent No.5-Bill Collector was already transferred, action will be taken against respondent No.6-Village Secretary soon after the receipt of the enquiry report from the Divisional Panchayat Officer, Ranga Reddy District. In the circumstances, since respondent No.5-Bill Collector was already transferred and it is stated that the enquiry against respondent No.6-Village Secretary is pending, the writ petition is disposed of directing the second respondent-Divisional Panchayat Officer, Ranga Reddy District to complete enquiry against respondent No.6-Village Secretary, within a period of two months from the date of receipt of a copy of this order and take necessary action against him, if the irregularities alleged against him are proved. There shall be no order as to costs. N.V. RAMANA, J Date: 07.07.2009 va/msv