1 NV,J W.P.No.16961 of 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16961 OF 2025 ORDER: 1. The case of the petitioner herein is that, Respondent Nos.8 to 11 are undertaking execution of works under Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) in petitioners’ lands situated at Old Survey No.143 and New Survey No.199 at Ampolu Panchayat Village, Gara Mandal, Srikakulam District. 2. Learned counsel for the petitioner submits that, the works under MGNREG Scheme undertaken by Respondent Nos.8, 9 & 10 fall within the jurisdiction of Srikakulam Mandal, where, Respondent No.5/MPDO Srikakulam is the competent authority for granting permissions for carrying out any MGNREGS works initiated by Respondent Nos.8 & 9. The proposed works are carried out at Baratam Cheruvu in Sy.No.199, Ampolu, which is vested with Ampolu Gram Pancahyat. Ampolu Gram panchayat falls within the jurisdiction of Respondent No.6/MPDO, Gara Mandal. Therefore, without there being any permission/sanction from Respondent No.6/MPDO, Gara Mandal and Respondent No.7/Ampolu Gram Panchayat, no works under MGNREGS scheme can be executed. He further submits that, there are no approvals or permissions either from Respondent No.6 or any resolution was passed for approving the works by Respondent No.7 under the scheme as contemplated. Even though the petitioner is objecting for execution of works 2 NV,J W.P.No.16961 of 2025 by Respondent Nos.8 to 10, the respondents are proceeding further, contrary to the MGNREG Act and without jurisdiction. Hence, the writ petition. 3. On the other hand, Sri Y. Koteswara Rao, learned Standing Counsel appearing for Respondent No.7/Ampolu Gram Panchayat furnished written instructions submitted by from the Panchayat Secretary, Ampolu Gram Panchayat dated 12.07.2025 wherein, it is categorically submitted that, Baratam Tank situated in Sy.No.199 is vested with Ampolu Gram Panchayat and Respondent No.7/Ampolu Gram Panchayat did not pass any resolution for approving any works under MGNREGS scheme, as such, no works can be permitted to be undertaken under the said scheme, without there being any resolution and without approval of Respondent No.6/MPDOG Gara Mandal, who is programme officer under the scheme. 4. As per the written instructions dated 08.07.2025 provided by the Panchayat Secretary, Sanivada Gram Panchayat, Srikakulam Mandal, it is submitted that Baratam Tank is situated in Sy.No.199, which is vested with the Ampolu Gram Panchayat, and Respondent No.8 has no jurisdiction whatsoever with respect to the said tank. It is further stated that, on 26.05.2025, Respondent Nos.5, 6, 9, and 10 visited the tank to assess its condition. During their visit, it was observed that although the tank is geographically situated within the jurisdiction of Respondent No.7, the ryots (farmers) who are residents of Respondent No.8 are in occupation of part of the land pertaining to the subject tank and are carrying out their agricultural 3 NV,J W.P.No.16961 of 2025 activities thereon. In compliance with the directions issued by this Hon’ble Court, all related works have been halted and did not progress any further. 5. Heard learned counsel for the petitioner; learned Standing Counsel for Respondent Nos.7 & 8 Gram Panchayts and perused the material available on record. 6. Considering the submissions made by both the counsel and on perusal of the written instructions furnished by Respondent Nos.7 & 8 Gram Panchayats, it appears that, Baratam Cheruvu is in Sy.No.199 in Ampolu village, which is vested with Respondent No.7/Ampolu Gram Panchayat. Once the tank is vested with Respondent No.7/Gram Panchayat as per Section 80 of Panchayat Raj Act, Respondent No.7 is having control and management of the subject tank. As per the provisions of Mahatma Gandhi National Rural Employment Guarantee Act, 2005, any works under the said Act should be initiated by way of resolution of Grama Sabha and subject to approval by the Programme Officer i.e. Respondent No.6 herein. As per the instructions, Respondent No.7 neither passed any resolution for execution of any works under MGNREGS Scheme nor approved by Respondent No.6/MPDO, Gara Mandal. In the absence of any proper resolutions or approvals by the competent authority, no works can be permitted to be carried on at Baratam Cheruvu situated in Sy.No.199, Ampolu Gram Panchayat. 4 NV,J W.P.No.16961 of 2025 7. In view of the above analysis, without proper approvals, o works can be undertaken under MGNREGS. Hence, the respondents are at liberty to proceed further, after following due procedure as contemplated under the MGNREG Act, 8. With the above observation, writ petition is disposed of. No costs. 9. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. _____________________________________ VENKATESWARLU NIMMAGADDA,J 18.08.2025 SP 5 NV,J W.P.No.16961 of 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16961 OF 2025 18.08.2025 W SP