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2021 Supreme(Telangana) 301

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SATISH CHANDRA SHARMA, N. TUKARAMJI, JJ.
Sri Seetharama Chandra Swamy Vari – Appellant
Versus
Kandula Satyam, S/o Rangaiah – Respondent
Writ Petition No.22212 of 2017
Decided on : 21-12-2021

Headnote:

Telangana Lokayukta Act, 1983 - Section 7 - Handover possession of the subject house - Delivery of possession - Reimbursement - Complaint was preferred to Upa-Lokayukta by the respondent No.1 herein stating that petitioner Devasthanam has taken possession of the subject house and the Upa-Lokayukta has issued a notice to the petitioner directing delivery of possession - Occasion to deal with issue of jurisdiction of Lokayukta were filed by Telangana State Film Development Corporation Limited being aggrieved by notice received by them and the proceedings directing the petitioner to submit a representation in respect of a complaint filed before Lokayukta/Upalokayuta for State of Telangana under the Telangana Lokayukta Act, 1983 - facts in Writ Petition are reproduced - Heard the counsel for petitioner, and Smt. Sharada, learned Standing Counsel for Lokayukta, appearing on behalf of counsel for 1st respondent - Petitioner/Telangana State Film Development Corporation Limited has filed the present Writ Petition being aggrieved by the notice received by them and proceedings directing petitioner to submit a representation in respect of a complaint submitted by 2nd respondent to the Lokayukta establishment – Held, allegation nor involves any action or inaction connected with such an allegation. We also hold that inter se private disputes between the parties including matrimonial dispute does not fall within the purview of the jurisdiction of the Lokayukta under Act and that only such acts, which are actuated by allegation against public servants and the authorities as named under Section 7 of the Act alone fall within the domain of Lokayukta or Upa-Lokayukta, as the case may be - 2nd respondent, is no more - An application for bringing on record the legal representatives was filed and acknowledgments in respect of service of notice along with net-tracking are provided, and a Memo to that effect has also been filed - Lokayukta was not having jurisdiction to entertain the matter, proceedings are hereby quashed with liberty to complainant to pursue his remedies/legal representatives to pursue their remedies by taking recourse to other legal remedies - Writ Petitions are allowed.

ORDER :

1. The present writ petition is arising out of a notice issued by the Upa-Lokayukta dated 01.03.2017 directing the petitioner to handover possession of the subject house to the respondent No.1 herein.

2. The facts of the case reveal that a complaint was preferred to the Upa-Lokayukta by the respondent No.1 herein stating that the petitioner Devasthanam has taken possession of the subject house and the Upa-Lokayukta has issued a notice to the petitioner directing delivery of possession.

3. This Court on 20.12.2021 had an occasion to deal with the issue of jurisdiction of Lokayukta in W.P.Nos.5196 and 5204 of 2021, which were filed by the Telangana State Film Development Corporation Limited being aggrieved by the notice received by them and the proceedings dated 18.06.2020 directing the petitioner to submit a representation in respect of a complaint filed before the Lokayukta/Upalokayuta for the State of Telangana under the Telangana Lokayukta Act, 1983 [as amended by Act 31 of 2017] for reimbursement of Rs.30 lakhs.

4. The order passed by this Court in W.P.Nos.5196 and 5204 of 2021 on 20.12.2021 is reproduced as under:-

“Regard being had to the controversy involved in the aforesaid cases, they were being heard together and are being decided by this common order.

The facts in Writ Petition No.5204 of 2021 are reproduced as under :

Heard the counsel for petitioner, and Smt. Sharada, learned Standing Counsel for Lokayukta, appearing on behalf of Sri Y. Ravindra, counsel for 1st respondent, in the Writ Petitions.

The petitioner/Telangana State Film Development Corporation Limited has filed the present Writ Petition being aggrieved by the notice received by them and the proceedings dt.18.06.2020 directing the petitioner to submit a representation in respect of a complaint submitted by 2nd respondent to the Lokayukta establishment.

The petitioner’s contention is that the so-called complaint was filed before the Lokayukta/Upalokayuta for the State of Telangana under the Telangana Lokayukta Act, 1983 [as amended by Act 31 of 2017] for reimbursement of Rs.30 lakhs.

The 2nd respondent has stated in the complaint that he has prepared some documentary for promotion of Children Films, and after preparation of documentary the amount has not been paid to him by the petitioner.

The learned counsel for petitioner has placed reliance upon the judgment delivered by this Court in the case of Dr. R.G. Sunil Reddy vs. The A.P. Lokayukta, Basheerbagh, Hyderabad and two others ((2015) 6 ALD 302 (F.B.)). He has also stated that a Money Suit/Recovery Proceedings for recovery of dues without there being any allegation of corruption is beyond the jurisdiction of the Lokayukta establishment. Further, he placed reliance upon Section 7 of the Act, and the same is reproduced as under :

“7. Matters which may be investigated by Lokayukta or Upa-Lokayukta:-

(1) Subject to the provisions of this Act, the 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 the time being in force; or

[(iiia) 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 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 b

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