APHC010365092018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16991/2018 Between: 1. PODILIISWAMY, OCC- 32ND WARD COUNCILOR, CHIRALA MUNICIPALITY, R/O. D.NO.4-23-25/A, BEHIND DR. B.R AMBEDKAR SCHOOL, JOHN PETA, PERALA, CHIRALA, PRAKASM OISTRICT,A P. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, (MUNICIPAL ADMINISTRATION) SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, 2. THE DIRECTOR OF MUNICIPAL ADMINISTRATION, GOVERNMENT OF ANDHRA PRADESH, GUNTUR, GUNTUR DISTRICT, 3. THE DISTRICT COLLECTOR, (MA AND UD) PRAKASAM DISTRICT, ONGOLE. 4. CHIRALA MUNICIPALITY, REP., BY ITS COMMISSIONER, CHIRALA, PRAKASAM DISTRICT. 5. THE DEPUTY EXECUTIVE ENGINEER, CHIRALA MUNICIPALITY, CHIRALA, PRAKASAM DISTRICT. 6. SRI S JAGANMOHAN RAO, S/O. VENKATA SUBBA RAO, AGED ABOUT 59 YEARS, R/O. 10-03-37/2, MUTTEVARI STREET, PERALA, CHIRALA, PRAKASAM DISTRICT 7. SRI G MANOJ KUMAR, S/O. G. PARUSRAM, AGED ABOUT 50 2 HN, J W.P.No.16991_2018 YEARS, CONTRACTOR, CHIRALA, PRAKASAM DISTRICT 8. SRI UDATALOKESWARA RAO, S/O. ADISESHAVATARAM, AGED ABOUT 55 YEARS, PADMANABHUNIPETA, EPURUPALEM, CHIRALA MANDAL, PRAKASAM DISTRICT 9. G ANKINEEDU PRASAD, S/O. RAMAKRISHNAIAH, AGED ABOUT 70 YEARS, CONTRACTOR, CHIRALA, PRAKASAM DISTRICT ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto is Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents diverting the SC and ST sub plan funds to the Non SC and ST wards i.e., 22nd and 30th in Chirala Municipality, Prakasam District to a tune of Rs.1,00,31,264/- (Rupees One Crore Thirty One Thousands Two Hundred and Sixty Four Only) and conducting Municipal Council meetings on 22.01.2018 and 06.02.2018 and resolutions passed therein to the effect of allocating the funds to the said wards and issuing the work orders (6 in number) relating therewith to Respondents 6 to 9 as illegal, arbitrary and to be in contravention to the Schedule Casts Sub plan and Tribal Sub-Plan (Planning, Allocation and Utilization of Financial Resources) Act, 2013 (The Act) and the Rules made thereunderas arbitrary, illegal against Art.14, 19 and 21 of the Constitution of India and consequently direct the 4th Respondent to call for fresh tenders for utilizing the funds granted under SCST Sub-plan for the purposes as contemplated and permitted under the Act and the Rules made thereunder in the interest of justice and pass IA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4thRespondent to stall all further proceedings in relation to the Tender Notice numbers 14/2017- 18/JT0/23 and 14/2017-18/JTO/24 dated 20th December, 2017 in relation to the work proposed to be done in Ward 30 and tenders bearing Tender Notice numbers 15/2017-18/JT0/10, 15/2017- 18/JT0/11, 15/2017-18/JTO/4, 15/2017-18/JTO/29 dated 5th January, 2018 in relation to work proposed to be done in Ward 22 and direct the 4th Respondent not to execute any contracts/agreements consequent to the awarding of works to 6thto 9th Respondents and to pass 3 HN, J W.P.No.16991_2018 Counsel for the Petitioner: 1. ANUP KOUSHIK KARAVADI Counsel for the Respondent(S): 1. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 2. GP MUNCIPAL ADMN AND URBAN DEV(AP) 4 HN, J W.P.No.16991_2018 This Court made the following Order:- 1. There is no representation for the petitioner. 2. The learned counsel appearing for the 4th respondent submits that the petitioner passed away during the pendency of the writ petition. 3. The grievance raised in the present writ petitioner pertains to the alleged proposal by the respondent authorities to divert the Scheduled Castes (SC) and Scheduled Tribes (ST) Sub-Plan funds to Non-SC and ST wards, to the tune of Rs.1,00,31,264/-, and that resolutions were passed to that effect. It is noted that no interim order was granted in the matter. Having regard to the lapse of time, and considering that the allocation of funds to various wards is revised on a yearly basis, the cause in the present in the present writ petition does not survive. Furthermore, no steps have been taken to bring the legal heirs of the deceased petitioner on record. 4. In view of the above, and recording the submissions made, the present writ petition stands closed. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 28.07.2025 NKA 5 HN, J W.P.No.16991_2018 258 HONOURABLE SRI JUSTICE HARINATH.N Writ Petition No. 16991 of 2018 Date: 28.07.2025 NKA