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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

MONDAY, THE THIRD DAY OF JUNE TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE THE CHIEF JUSTICE ALOK ARADHE AND

THE HONOURABLE SHRI JUSTICE ANIL KUMAR JUKANTI

WRIT PETITION NO: 11812 OF 2017

Between:

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• 1. Department of Animal Husbandry, Dairy Development and Fisheries, Rep. by its District Collector, Karimnagar, Karimnagar District.
• 2. The Assistant Director of Fisheries, Karimnagar, Karimnagar District.

.....PETITIONERS/RESPONDENTS

AND

1. The Hon'ble A.P., UPA-LOKAYUKTHA at Hyderabad, Basheerbagh, Hyderabad.

....RESPONDENT/RESPONDENT

2. Polsani Jagannatha Reddy, S/o. Ram Reddy, Aged about 72 years, Occ Agriculturist, R/o. Papaiabpalli, H/o. Keshavapuram (V), Shankarapatnam (M), Karimnagar District.

.....RESPONDENT/PETITIONER

Petition Under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF CERTIORARI by calling for the records pertaining to order in Complaint No.1625/2013/B2, dated.25.03.2014 on the file of 1st respondent and quash the same as arbitrary, illegal without jurisdiction and against the settled principles of law.

|.A.NO:1 OF 2017 (WPMP.NO:1471 3 0F 20171

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Petition Under Section 151 CPC praying that in the circumstances stated.in the affidavit filed in support of the petitron, the High Court may be pleased to SUSPEND the operation of order in Complaint No.1625/2013/B2, dated 25.03-2014 on the file of the 1sr respondent.

Counsel for the Petitidners : GP FOR FISHER|ES

Counsel forthe Respondent No.1 : SRI RAVINDRA YANAMANDRA Counsel forthe Respdndent No.2 : SRI B.NARASIMHA SARMA The Court made the fcillowing ORDER

THE HON'BLE THE CHIEF JUSTICE AI,OK ARADTIE AI{D

THE HON'BLE SRI JUSTICE AI{IL KUMAR JUKATTTI

WRIT PETITION NO.II8I2 OF 2017

ORDER; (Per the Hon'ble the Chief Justice Alok Aradhe)

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In this Writ Petition, the petitioner has assailed the validity of the order, dated 25.03.2014 passed by the Lokayukta, by which the Lokayukta has observed that the petitioner has not followed the procedure while acquiring the lald belonging to the respondent and directed the petitioner to initiate the proceedings for acquisition of the land.

2. Section 2 (a) and (b) as well as Section 7 of the Telangana Lokayukta Act, 1983, reads as under:

"2. Definitions: (a) 'actiort' means an administrative action taken by a public servant by u,ay of dccision, recommcndation or finding or in anv othe r manne r, and includes any omission and commission and failure to act in connection with or arising out o[ such action; and all other expressions connecting action shall be construed accorclir.rgll'.

(bl 'alleglatLort' in rclation to a public servant means :ulv affirmation that such public servant -

or hardship to any other person; has failed to discharge the functions (ia) attached to his post.

(ii) was actuated in the discharge of his functions as $\mathsf{such}$ public servant by improper or corrupt motive and thereby caused loss to the State or any member or section of the public; or

(iii) is guilty of corruption, or lack of integrity in his capacity as such public servant.

. . . . . . .

(i)

7. (1) Subject to the provisions of this Act, the $\frac{1}{2}$ Lokayukta may investigate any action which is taken by, or with the general or specific approval of, or at the behest of,-

(i) a Minister or a Secretary; or

(ii) a Member of either House of the State Legislature; or

(iii) a Mayor of the Municipal Corporation constituted by or under the relevant law for time being in force; or the

(iii-a) a Vice Chancellor or a Registrar of a University;

(iv) any other public servant, belonging to such class or section of public servants, as may be notified by the Government in this behalf after consultation with the Lokayukta, in any case where a complaint involving an allegation is made in respect of such action, or such action can be or could have been, in the opinion of the Lokayukta, the subject of an allegation.

(2) Subject to the provisions of this Act, the Upa-Lokayukta may investigate any action which is taken by, or with the general or specific approval of, any public servant, other than those referred

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to in sub-section (1), in any case where ^a complaint involving an allegation is made in respect of such action, or such action can be or could have been, in the opinion of the Upa-Lokayukta, the subject of an allegation'

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(3) Notwithstanding anything in sub-section (2), the tnkayukta may, for reasons to be recorded in writing, investigate any allegation in respect of an action which may be investigated by the Upalokayukta under that sub-section, whether or not complaint has been made to the Lokayukta in respect of such action.

(4) Where two or more Upa l.okayuktas are appointed under this Act, thc Lokayukta may by general or special order, assign to each of them matters which may be invcstigatcd by them under this Act:

)

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Provided that no investigation made by the Upa-Iokalmkta under this Act and no action taken or thing done by him in rcspect of such investigation shall be callcd in question on the ground only that such investigation relates to a matter which is not assigned to him by such ordcr-"

3. Thus, from a perusal ol the aforesaid provisions' it is evident that the action can be taken in respect of complaint

as defined under Section 2(a) of the Telangana Lokayukta The aforesaid Act does not authorize the Act, 1983. Lokayukta to deal with an issue with regard to the validity of the proceedings initiated under the Land Acquisition Act, 1894.

The impugned order is, therefore, quashed. $4.$

In the result, the Writ Petition is allowed. $5.$

There shall be no order as to costs. Miscellaneous applications, if any, pending shall stand closed.

SD/- P. PADMANABHA REDDY ASSISTANT REGISTRAR //TRUE COPY//

SECTION OFFICER

$\mathbf{To}$

• 1. The Hon'ble A.P., UPA-LOKAYUKTHA at Hyderabad, Basheerbagh, Hyderabad.
• 2. The District Collector, Department of Animal Husbandry, Dairy Development and Fisheries, Karimnagar, Karimnagar District.
• 3. The Assistant Director of Fisheries, Karimnagar, Karimnagar District.
• 4. Two CC's to G.P For Fisheries, High Court for the State of Telangana at Hyderabad. (OUT)
• 5. One CC to Sri Ravindra Yanamandra, Advocate [OPUC]
• 6. One CC to Sri B.Narasimha Sarma, Advocate [OPUC]
• 7. Two CD Copies

SA KKS HIGH COURT

DATED:03/06/2024

ORDER

WP.No.11812 of 2017

ALLOWING THE W.P WITHOUT COSTS.