THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.5354 of 2011 Date:07.04.2011 Between: Vara Rajasekhar and another ..... Petitioners AND The Government of Andhra Pradesh, represented by its Principal Secretary, Hyderabad and others .....Respondents Counsel for the Petitioners: Sri Siva Bhami Reddy Counsel for Respondent Nos.1: Assistant Government Pleader for Panchayat Raj Counsel for Respondent Nos.3 and 4: Sri G.Elisha, standing counsel for Gram Panchayats Counsel for Respondent Nos.2, 5 to 7: None appeared The Court made the following: ORDER: This writ petition is filed for a mandamus to declare the action of the respondents in not taking further steps to enquire into the allegations of misuse, misappropriation and irregularities in implementing Indiramma Housing scheme in Tapeswaram Village, Mandapeta Mandal, East Godavari District, on the complaint made by the petitioners, as illegal and arbitrary. The petitioners are residents of Tapeswaram Village, Mandapeta Mandal, East Godavari District. According to them, Tapeswaram Village was selected as model village for extension of the benefits under various housing schemes. In implementation of the housing schemes, serious irregularities were noticed and that when the petitioners allegedly brought the same to the notice of the officers concerned, respondent No.2 appointed an enquiry officer on the report of the Executive Engineer, Housing, Amalapuram, and after noticing misappropriation, he directed registration of criminal case. A criminal case was accordingly registered as Crime No.138 of 2009 of Mandapeta Police Station, East Godavari District, under Sections 403, 406 and 409 I.P.C. against the persons, who were found to have been involved in the commissions and omissions in the implementation of the housing schemes. The grievance of the petitioners is that even though the case was registered as far back as 05.08.2009, there was no progress in the investigation and no steps have been taken to file a charge sheet so far. A counter-affidavit has been filed by respondent No.7, wherein he has inter alia stated that on the complaint of Sri G.Rambabu, Deputy Executive Engineer, Andhra Pradesh State Housing Corporation Limited, Kapileswarapuram, Crime No.138 of 2009 was registered on 05.08.2009, that during the investigation, letter dated 13.03.2011 was addressed to the Managing Director, Andhra Pradesh State Housing Corporation Limited, requesting him to produce the original connected records with the rider that if the records are not produced, investigation will be closed for non-supply of relevant documents. It is further stated that till date, the said Corporation has not furnished the relevant records on account of which, the investigation could not be completed and appropriate report under Section 173 Cr.P.C. could not be filed. No counter-affidavits have been filed by other respondents including respondent No.5. It is indeed regrettable that respondent No.5 Corporation does not cooperate in the investigation into the criminal case registered on serious allegations against the employees, who are connected with the implementation of the housing schemes. In the opinion of this Court, such kind of indifferent attitude would only lead to further corruption in the society. Non-cooperation by respondent No.5 raises a reasonable presumption that the officers at the helm of the affairs may also have hand in glow with those who are accused of commission of serious irregularities and financial misconduct in the implementation of the housing schemes. It is high time that respondent No.5 takes stock of the situation and acts with the highest expedition that is required in cooperating with respondent No.7 by producing all the relevant record which is required for proper investigation of the criminal case. The Managing Director of respondent No.5 is, therefore, directed to produce before respondent No.7 the entire record which was required by the former vide letter dated 13.03.2011 within a period of one week from the date of receipt of a copy of this order. On such receipt of the record, respondent No.7 shall further investigate into the criminal case and file an appropriate report within a period of two months of receipt of the record. Subject to the above directions, the Writ Petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.6654 of 2011 filed by the petitioners for interim relief is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 07th April, 2011 GHN