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Judgment
ORDER:
Heard Ms. Rafeen, learned counsel appearing for Mr. Mohd. Fasiuddin, learned counsel for petitioner.
This Writ Petition has been preferred with the following prayer:
“…..declaring the inaction of Respondents Nos.1 to 5 in failing to act upon the Petitioner’s Representation dated 15.07.2026 against the professional misconduct, misappropriation of GST funds, and use of forged GST challans by Respondent No.6 as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India, and consequently direct Respondents Nos.1 to 5 to forthwith verify the forged GST records, initiate and complete appropriate statutory, disciplinary and regulatory proceedings against Respondent No.6 in accordance with law, including cancellation of his licence/membership, if found eligible.”
The petitioner claims to be the absolute owner and possessor of land admeasuring 694.54 Square Yards in Survey No.92/1/4/1/1/1 situated at Bhoopathipoor Revenue Village, Sultanabad Mandal, Peddapalli District, which was transferred to a developer by a registered sale deed dated 05.10.2024 after payment of entire stamp duty, registration fee, mutation charges and other statutory amounts. The petitioner alleges inaction of respondent Nos.1 to 5 upon the petitioner’s representation dated 15.07.2026 for taking action against respondent No.6 for misappropriation of GST funds and use of forged GST challans. Respondent No.6 is alleged to be a Chartered Accountant. The petitioner refers to the Memorandum of Understanding executed on 13.02.2021 with respondent No.6 under which the matter was amicably settled and respondent No.6 admitted his liability to repay certain amounts in six post-dated cheques which he failed to do. Even after issuing legal notice and copies thereof to the police station concerned and GST authorities, no action was taken against respondent No.6. As per the petitioner’s representation also, respondent No.6 is holding out as a Chartered Accountant. Therefore, the petitioner has approached this Court.
On the averments made in the Writ Petition, prima facie, the petitioner has not been able to make out a case for interference in exercise of writ jurisdiction of this Court against a private person, respondent No.6, on the alleged inaction of respondent Nos.1 to 5 upon the petitioner’s representation for taking action against him. The aforesaid Memorandum of Understanding was executed between the two private parties and the default of any post-dated cheque cannot be made the subject matter of writ proceedings. Moreover, a direction to initiate action on alleged misconduct against a person alleged to be a member of respondent No.3, Institute of Chartered Accountants of India (ICAI), cannot be issued in exercise of writ jurisdiction of this Court.
Therefore, the instant Writ Petition is dismissed. There shall be no order as to costs.
Miscellaneous applications, if any pending, shall stand closed.