THE HON’BLE THE ACTING CHIEF JUSTICE SRI GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO

WRIT PETITION NO.28951 OF 2011

ORDER: (Per Ghulam Mohammed, Hon’ble the Acting Chief Justice)

The writ petitioner, an Honourable Member of the Legislative Assembly, instituted this writ petition in public interest seeking a Writ of Mandamus for declaring the action of the respondents 1 to 6 in not initiating action against the 8threspondent, who is a former Chief Minister of the State of Andhra Pradesh and his associates who are impleaded as respondents 9 and 20 under the Provisions of Prevention of Corruption Act, 1988, and Money Laundering Act, 2002, and to consequently direct the Respondents 1 to 6 to initiate necessary proceedings against them after the fourth respondent conducts a through investigation in respect of allotment of lands, grant of licenses, decisions taken by the 8th respondent with regard to disinvestment and in that process acquiring wealth which is disproportionate to his known sources of income.

2. The petitioner is also incidentally the wife of another former Chief Minister of the State of Andhra Pradesh, who is politically antagonistic to the 8th respondent. The petitioner has asserted that, she has no personal interest in the subject matter except the genuine desire to get the various acts of favoritism practiced by the 8th respondent so as to help him acquire wealth, investigated. She undertook to pay exemplary costs, in case this Court ultimately finds that there are no merits in this case.

3. It is asserted that the 8th respondent was born in 1951 in a lower middle class farmer’s family in Chittoor District of Andhra Pradesh and after completing his University Education, he straightaway took to politics and consequently did not have any independent source of income, other than the meager income derived from the small extent of land held by his family. It is, therefore, asserted that whatever assets the 8th respondent has acquired and the wealth that was generated by him post 1978 is generated by him essentially as a public servant. It is stated that he was elected as an Honourable Member of the Andhra Pradesh Legislative Assembly in the year 1978 and he was made a Minister of State for Animal Husbandry including Dairy Development between 1980-1981 and between 1981-1982, he held the portfolio of Minister of State for Archives, Archaeology, Museums, Public Garden, Public Libraries, Cinematography and subsequently between 1982-1983, he was Minister of State for Ground Water, Minister of State for Minor Irrigation and Minister of State for Technical Education and Indian Medicine.   More

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