$[3255]$

(SHOW CAUSE NOTICE BEFORE ADMISSION) HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THURSDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY TWO

:PRESENT:

THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR

WRIT PETITION NO: 41902 OF 2022

Between:

• 1. Bandaru Jagadishwar, S/o Venkaiah
• 2. Bandaru Mohanamma, W/o B.Janardhan
• 3. Bandaru Janardhan, S/o Ramulu

AND

• 1. The State of Telangana, Represented by its Principal Secretary. Revenue Department, Secretariat Buildings, Hyderabad.
• 2. The District Collector, Nalgonda District, Nalgonda
• 3. The Revenue Divisional officer, Devarakonda, Nalgonda District
• 4. The Tahsildar, Kondamallepally Mandal, Nalgonda District.
• 5. Boddu Yellamma, W/o late B Yellaiah Aged 60 years Occ: Village Revenue Assistant R/o Chennaram Village, Kondamallepally Mandal Nalgonda District
• 6. Boddu Ramakrishna, S/o Boddu Yellamma Aged 29 years Occ: Unemployee R/o Chennaram Village, Kondamallepally Mandal Nalgonda District

Respondents

Petitioners

WHEREAS the Petitioners above named through their Advocate SRI.P.SASIDHAR REDDY presented this 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 or order or direction more particularly one in the nature of Writ of Mandamus to declare the inaction of Respondent Nos.2 to 4 in initiating disciplinary proceedings under Rule 41 & 42 of AP Village Revenue Assistant Service Rules, 2005 pursuant to the representations dated 24/07/2022 and 05/09/2022 against the Respondent No.5 for her unauthorized absence to the duties of Village Revenue Assistant, Chennaram Village, Kondamallepally Mandal, Nalgonda District and in turn allowing her son i.e., Respondent No.6 herein to illegally discharge the duties in the office of the Respondent No.4 without there being any appointment or authorization and indulging in tampering of the public documents thereof with respect to agricultural lands of the petitioners totally admeasuring Ac.26-09 gts comprising of Ac.6-37 gts in Sy No.75/A. Ac.6-37 gts in Sy No.75/AA. Ac.5-23 gts in Sy No.76/AA and Ac.6-33 gts in Sy No.78/AA situated at Chennaram Village, Kondamallepally Mándal, Nalgonda District is as being illegal, arbitrary and violative of fundamental right guaranteed under Article 14 and constitutional right to property under Article 300-A of the Constitution of India and consequently direct the Respondent Nos.2 3&4 to initiate disciplinary action against the respondent No.5 and launch criminal

prosecution against both the respondent Nos.5&6 pursuant to representations dated 24/07/2022 and 05/09/2022.; 44

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri.P.SASIDHAR REDDY Advocate for the Petitioner, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.

You viz:

• 1. The Principal Secretary. Revenue Department, State of Telangana, Secretariat Buildings, Hyderabad.
• 2. The District Collector, Nalgonda District, Nalgonda
• 3. The Revenue Divisional officer, Devarakonda, Nalgonda District
• 4. The Tahsildar, Kondamallepally Mandal, Nalgonda District.
• 5. Boddu Yellamma, W/o late B Yellaiah, Occ: Village Revenue Assistant R/o Chennaram Village, Kondamallepally Mandal Nalgonda District
• 6. Boddu Ramakrishna, S/o Boddu Yellamma, R/o Chennaram Village, Kondamallepally Mandal Nalgonda District

are directed to show cause on or before 15.12.2022 to which date the case stands posted as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted.

IA NO: 1 OF 2022

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondent Nos.2, 3&4 to initiate disciplinary action against the respondent No.5 under A.P. Village Revenue Assistants Service Rules. 2005 and launch criminal prosecution against both the respondent Nos.5&6 for illegal access to the revenue records with respect to the subject lands of the petitioners totally admeasuring Ac.26-09 gts comprising of Ac.6-37 gts in Sy No.75/A. Ac.6-37 gts in Sy No.75/AA. Ac.5-23 gts in Sy No.76/AA and Ac.6-33 gts in Sy No.78/AA situated at Chennaram Village, Kondamallepally Mandal, Nalgonda District pursuant to the representations dated 24/07/2022 and 05/09/2022, pending disposal of the WP No.41902 of 2022, on the file of the High Court.

The Court made the following Order:

Notice before admission.

Learned Government Pleader for Services-II takes notice on respondent Nos.1

to 4.

Learned counsel for the petitioner is permitted to take out personal notice on respondent Nos.4, 5 and 6.

Learned counsel for the petitioners submits that petitioner has made representation on 05.09.2022 to respondent Nos.2, 3 & 4 stating that respondent No.5 has deployed her son (respondent No.6) to work on her behalf and further submits

相具

that respondent authorities have neither disposed the said representation nor initiated any action on the respondent No.5, which would cause great loss to public at large.

$\mathbf{3}$

Learned Government Pleader for Services-II seeks time to file counter-affidavit, list on 15.12.2022, meanwhile, respondent authorities are directed to dispose the petitioner representation dated 05.09.2022 and pass appropriate orders within a period of four (4) weeks from the date of receipt of the order, after giving a fair opportunity of hearing to the petitioner and communicate the same to the petitioner.

Learned Government Pleader for Services-II are further directed to get specific instructions from respondent authorities whether the respondent No.6 has unauthorized access to the computerized revenue record and report the same, on the next date of hearing.

Sd/- P.PADMANABHA REDDY ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

• 1. The Principal Secretary. Revenue Department, State of Telangana, Secretariat Buildings, Hyderabad.
• 2. The District Collector, Nalgonda District, Nalgonda
• 3. The Revenue Divisional officer, Devarakonda, Nalgonda District
• 4. The Tahsildar, Kondamallepally Mandal, Nalgonda District.
• 5. Boddu Yellamma, W/o late B Yellaiah, Occ: Village Revenue Assistant R/o Chennaram Village, Kondamallepally Mandal Nalgonda District
• 6. Boddu Ramakrishna, S/o Boddu Yellamma, R/o Chennaram Village, Kondamallepally Mandal Nalgonda District. (RR-1 to 6 by RPAD along with copy of petition and affidavit)
• 7. One CC to SRI.P.SASIDHAR REDDY Advocate [OPUC]
• 8. Two CCs to GP for Services-II, High Court Of Judicature at Hyderabad. [OUT]

题

9. One spare copy

HIGH COURT

NVSK,J

DATED: 17.11.2022

NOTE: LIST ON 15.12.2022

WP.NO.41092 0F 2022

NOTICE BEFORE ADMISSION

DIRECTION