Ushodaya Enterprises Private Limited v. The State of Andhra Pradesh

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.l[2], 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 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:

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 To The Director General (VE&E) & The Advocate on record, E.O. Prl. Secretary to Government, Government of Andhra Pradesh General Administration (V&E) Hon’ble Supreme Court of India Department New Delhi Government of Andhra Pradesh, Vijayawada C.NO. 6/V&E/DG Peshi/2025-2 Dated: -07-2025 Sir, Sub:- Update regarding Vigilance & Enforcement Enquiry into 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 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.