Jain, Mr. Parmatma Singh, Mr.Madhur Jain, Ms. Aakriti Dhawan and Mr. Dhruv, Advs v. Pramod THE STATE OF ANDHRA PRADESH AND ORS
Case Details
THE STATE OF ANDHRA PRADESH AND ORS .....Respondents Through: Mr. Anurag Ahluwalia, Sr. Adv. with Kumar, Mr.Guntur Mr.Samarth Krishan Luthra and Mr.Manoviraj Singh, Advs. for R-1 to R-6. Mr. Sudhir Nandrajog, Mr.Rajshekhar Rao and Mr. Nikhil Goel, Sr. Advs. with Mr.Ashutosh Ghade, Mr. Wamic Wasim Nargal and Ms.Saloni Meshtam, Advs. for R-7 & R-11 to R-13. Mr.Aditya Panda and Mr.Akshay Sinhra, Advs for R-8. Mr. Amit Agrawal, Ms.Sana Jain and Ms. Lakshmi Nair, Advs. for R-9 and R-10. % Date of Decision: 14.07.2025 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA Signature Not Verified Digitally Signed By:MADHU SARDANA Signing Date:17.07.2025 11:11:58 W.P.(C) 9096/2023 Page 1 of 5 J U D G E M E N T TUSHAR RAO GEDELA, J: (ORAL) 1. The present writ petition has been filed, inter alia, seeking the following prayers: “a. Issue a writ of Certiorarified Mandamus or any other appropriate writ, order or direction calling for the records of the Respondent No. 1 to 5 in relation to: i. G.O. Rt. No. 25 dated 08.12.2022, G.O. Rt. No. 26 dated 08.12.2022; ii. Circular bearing ROC No. GWS02-COOROMISC/33/2022- SCHM (1927299) dated 09.12.2022; iii. G.O.Ms.No.l04, dated 22.06.2019, G.O.Rt.No.l2, dated 29.06.2022; iv. G.O. Rt. No.4167, Finance (FMU-PR&RD) Department, dated 29.11.2022; V. G.O. Rt. No.4169, Finance (FMU-PR&RD) Department, dated 30.11.2022; and quash the same as illegal, unconstitutional and ultra vires; b. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the Respondent No.8 to review the certification of circulation of SAKSHI newspaper treating all copies of SAKSHI from April 2020-December 2022 and thereafter where subscriptions were paid by the Municipalities and Municipal Corporations as institutional sales; c. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the Respondent No.8 to review the certification of circulation of SAKSHI newspaper treating all copies of SAKSHI from June 2022-December 2022 and thereafter where subscriptions were paid by the 2.66 lakhs volunteers and 1.35 lakhs functionaries as institutional sales; d. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the recovery of monies from the Respondent No.7 paid by the Government to volunteers and functionaries, which has been infused into the Respondent No.7; e. Issue a writ of mandamus or any other appropriate writ, order or direction, issuing a consequential direction to Respondent No.8 not to consider 4.01 lakhs (2.66 lakhs + 1.35 lakhs) subscriptions (or as many as Signature Not Verified Digitally Signed By:MADHU SARDANA Signing Date:17.07.2025 11:11:58 W.P.(C) 9096/2023 Page 2 of 5 may be determined by this Hon'ble Court) made by the Gram Volunteers by payment of subscription through the money received by them under the Impugned G.O.s and Circular.”
2. In the order dated 18.12.2024, the predecessor bench of this Court had noted in Para 7 as under: “7. Learned counsel for the respondent no. 1 submits that all the Government Orders (GOs) impugned in the present writ petition have either lapsed or stand recalled and therefore, prayer (a) of the petitioner has now been rendered infructuous. He, however, submits that an inquiry is being initiated by the respondent no. 1 to examine the aspects highlighted in the writ petition, in the context of the prayers (b) to (d) sought by the petitioner. This inquiry he submits is likely to be completed within six weeks. He, therefore, prays that hearing be deferred.”
3. Therefore, in respect of prayer (a), as noted in the order dated
18.12.2024, the relief sought stands satisfied. 4. Insofar as the prayers (b) to (d) are concerned, Mr. Anurag Ahluwalia, learned senior counsel appearing for Respondent no. 1 to Respondent no. 6, i.e. the State of Andhra Pradesh submits that a final report has been generated by the Vigilance and Enforcement Department which has been forwarded to the Chief Secretary to the Government of Andhra Pradesh on 13.07.2025 for taking necessary actions. The letter dated 13.07.2025 which has been handed over the Bench, is extracted hereunder: “GOVERNMENT OF ANDHRA PRADESH GENERAL ADMINISTRATION (VIGILANCE & ENFORCEMENT) DEPARTMENT. From The Director General (VE&E) & E.O. Prl. Secretary to Government, General Administration (V&E) Department Government of Andhra Pradesh, Vijayawada To The Advocate on record, Government of Andhra Pradesh Hon’ble Supreme Court of India New Delhi C.NO. 6/V&E/DG Peshi/2025-2 Dated: -07-2025 Signature Not Verified Digitally Signed By:MADHU SARDANA Signing Date:17.07.2025 11:11:58 W.P.(C) 9096/2023 Page 3 of 5 Sir, Sub:- Update regarding Vigilance & Enforcement Enquiry Irregularities in the I&PR Department (2019-2024). Ref:- 1) W.P.(C) 9096/2023, CM APPL. 41482/2023, CM APPL. 18594/2024 USHODAYA ENTERPRISES PRIVATE LIMITED & ANR 2) This office letter C. no. 6/V&E/DG Peshi/2025 dated 27-03-2025. 3) Rc. No. 130/2024/V7E/DEV/IOP-I/GNT, Dt: 04.04.2025. 4) This office letter C.No. 1923/V&E/Sec.II/D1/2024, dt: 13.04.2025 <<< >>> In continuation to this office letter cited under reference 2nd, wherein it was informed that an interim report had been submitted and further enquiry was underway, it is now submitted that the enquiry has since been completed. As per the instructions of the Director General, Vigilance & Enforcement Department, the Regional Vigilance & Enforcement Officer, Guntur conducted a detailed enquiry, including examination of relevant records ad recoding of statements and submitted the report vide reference 3rd cited. After thorough vetting, the final report was prepared and forwarded to the Government of Andhra Pradesh (Chief Secretary to Government) vide reference 4th cited, on 13-04-2025 for taking necessary further action. This is for your kind information and to place before the Hon’ble Supreme Court, if required. Yours Sincerely Director General (V&E) & E.O., Prl. Secretary to Government, G.A. (V&E) Department Govt. of A.P.”
5. In view of the fact that a final report has been submitted to the Chief Secretary of the Government of Andhra Pradesh, we are of the considered opinion that the present Writ Petition can be disposed of. 6. In order to secure the interest of the Petitioner qua the relief sought in Signature Not Verified Digitally Signed By:MADHU SARDANA Signing Date:17.07.2025 11:11:58 W.P.(C) 9096/2023 Page 4 of 5 the prayers (b) to (d), we pass the following directions: I. The Petitioner is granted liberty to submit a detailed representation to the respondents in respect of the prayers (b), (c), and (d) of the present Writ Petition within 4 weeks from today which shall be considered by the Chief Secretary in accordance with the law. II. The Chief Secretary is at liberty to take into consideration the final report submitted by the vigilance and enforcement department, call for any further information from any authority or department and consider the representation of the petitioner. III. Upon such consideration, the Chief Secretary may pass necessary directions or orders or any consequential orders as may be deemed appropriate. IV. A copy of such order proposed to be passed by the Chief Secretary shall be necessarily furnished to the petitioner within 2 days from the date of passing of such order. V. Needless to state, the petitioner would be at liberty to challenge any such proposed order passed by the Chief Secretary.
7. In view of the aforesaid, the present writ petition along with pending applications stands disposed of. TUSHAR RAO GEDELA, J JULY 14, 2025/rl DEVENDRA KUMAR UPADHYAYA, CJ Signature Not Verified Digitally Signed By:MADHU SARDANA Signing Date:17.07.2025 11:11:58 W.P.(C) 9096/2023 Page 5 of 5