IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WPfPIL) NO: 187 OF 2019 Between: Manam Venkata Subbaiah, S/o. Vengaiah Aged 44 years, Occ; Agriculture, R/o. Venkataya Cheruvu village Chandrasekharapuram mandal Prakasam District Voter ID- AP/18/118/327190 Aadhar No. 377932710956 PAN No. Not available Mobile No. 9100351739 Email ID - Not available ... PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Panchayatraj and Rural Development Department Secretariat, Velagapudi Amaravathi, Guntur District. 2. The Commissioner of Rural Development, Vijayawada, Krishna District. 3. The District Collector and Chairman, Integrated Water Management Programme and MGNREGS Ongole, Prakasam District. 4. The Project Director, District Water Management Agency Ongole, Prakasam District. 5. The Assistant Project Director District Water Management Agency, Kanigiri, Prakasam District. 6. The Station House Officer, Chandrasekharapuram police station Chandrasekharapuram Mandal Prakasam District. 7. The Superintendent of Police, Ongole, Prakasam District. 8. The Project Officer, Integrated water management project Pamuru, Prakasam District. 9. The Junior Engineer-Cum-Technical Officer Integrated Water Management Project,, Pamuru, Prakasam District. lO.The Boyamadugula Grampanchayat Venkatayacheruvu village, Chandrasekharapuram mandal. Prakasarn District Rep. by its Panchayat Secretary. 11 .The Mandal Parishad Development Officer-Cum-Special Officer cum Chairman of Watershed Committee, Boyamadugula Grampanchayat Chandrasekharapuram mandal Prakasarn District. 12.The Field Assistant, MGNREGS Venkatayacheruvu village Chandrasekharapuram mandal Prakasarn District. 13.The Technical Assistant, MGNREGS Mandal Parishad Development Office C.S.Puram village and mandal Prakasarn District. 14.Srinivasa Rao, Mandal Parishad Development Officer-Cum Special Officer of Boyamadugula Grampanchayat Chandrasekharapuram Mandal Prakasarn District. 15.Y.Seetaramaiah, S/o. Ankaiah Drawing Instructor Zilla Parishad High School C.S.Puram village and Mandal Prakasarn District. 16.Y.Tirupathamma, W/o. Seetaramaiah, R/o. Venkatayacheruvu village C.S.Puram mandal Prakasarn District. 17.B. Ram Mohan Rao, S/o. Malakondaiah, Occ: Forest Volunteer R/o Thadevaripalle Check post Thadevaripalle village, Tarlupadu mandal Prakasarn District. 18.Konangi Thirumala Kondaiah, R/o. Venkatayacheruvu village, C.S.Puram Mandal, Prakasarn District. 19.Y.Jayaramudu, S/o. Ankaiah, R/o. Venkatayacheruvu village, C.S.Puram Mandal, Prakasarn District. ... RESPONDENTS 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 to issue a writ, order or a direction, more particularly one in nature of Writ of Mandamus to declare the delay and inaction on the part of respondent Nos. 1 to 7 in taking appropriate steps to recover the misappropriated amount committed by the respondent Nos. 8 to 19 and others, initiating the criminal prosecution for misappropriating the public T funds by fabricating the records under Integrated Water Shed Management Programme as arbitrary, illegal and consequently direct the respondent Nos. 1 to 7 to initiate appropriate action against the concerned persons for misappropriating the public funds under Integrated Water Shed Management Programme by fabricating the records, recover the misappropriated amount and initiate criminal prosecution against the concerned persons in accordance with law in the interest of justice. lA NO: 1 OF 2019 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 respondent Nos. 1 to 10 to initiate appropriate action against the concerned persons for misappropriating the public funds under Integrated Water Shed Management Programme by fabricating the records, recover the misappropriated amount and initiate criminal prosecution against the concerned persons in accordance with law pending disposal of the Writ Petition in the interest of justice. Counsel for the Petitioner : SRI VELADI SAI SRI HARSHA FOR SRI P. NAGENDRA REDDY Counsel for the Respondent Nos.1 to 5, 8 & 9 : GP FORPANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent Nos.6 & 7 : GP FOR HOME Counsel for the Respondent Nos.10 & 11 : SRI Y.KOTESWARA RAO, SC FOR GRAMPANCHAYAT Counsel for the Respondent Nos.12 to 19 : SRI K.JYOTHI PRASAD Counsel for the Respondents: Mrs.S. PRANATHI, SPECIAL GOVERNMENT PLEADER The Court made the following: ORDER APHC010428772019 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WP(PIL) NO: 187 of 2019 Manam Venkata Subbaiah ...Petitioner Vs. The State Of Andhra Pradesh and Others ...Respondent(s) ********** Advocate for Petitioner: Mr. Veladi Sai Sri Harsha representing Mr. P Nagendra Reddy Mrs. S. Pranathi, Special Government Pleader Advocate(s) for Respondent(s): CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 25th March 2025 PC: The issue that was highlighted in the present petition was with regard to the alleged misappropriation by respondent Nos. 8 to 19 and others during the course of utilization of funds under the Integrated Watershed Management Program. The petitioner has sought initiation of appropriate criminal proceedings in accordance with law. 2. The Commissioner of Panchayat Raj & Rural Development filed affidavit emphatically denying the allegations made in the petition. 2 HCJ a RC, J W.P(PIL). No: 187 of 2019 It is stated that out of the 40 works undertaken under the Watershed Program, the value of work done was to the tune of Rs.41,52,624.83/- out of which 37,34,880/- representing 90% of the amount, was paid to the beneficiaries and 10% of the remaining, which is about Rs.4,14,987/-was kept at the disposal of Chief Finance Officer, State Level Nodal Agency, Vijayawada, subject to finalization of the social audit. It is stated that in case during the social audit any amount paid and disbursed was found to be incorrect or excessive, the same would be recovered from the Technical Officer, Junior Engineer and Project Officer. It is stated that all the works that had been executed,their value and the works were recorded in the measurement book by the Technical Officer and were measured by the Junior Engineer concerned and payments were made 3. by the Project Officer. It is also stated that on the same subject, W.P.(PIL) No.9 of 2019 was filed by one G. Veera Brahmam during the course of which the answering respondents have appointed Additional Project Director (Watersheds), District Water Management Authority, Ongole, as an Enquiry Officer, who in his enquiry, did not find any misappropriation of funds in the execution of works as was alleged by the petitioner in that petition. 4. Having considered the reply filed by the respondents, we do not intent to order any roving enquiry especially when the affidavit in question was filed 5. 3 HCJ a RC, J W.P(PIL). No; 187 of 2019 by no less than an Officer of the rank of Commissioner for Panchayat Raj & Rural Development. Be that as it may, the proceedings are, accordingly, closed. No costs. 6. Pending miscellaneous applications, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri P. Nagendra Reddy, Advocate [OPUC] 2. Two CCs to Mrs. S. Pranathi, Special Government Pleader, High Court of Andhra Pradesh. [OUT] 3. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. (OUT) 4. Two CCs to GP for Home, High Court of Andhra Pradesh. (OUT) 5. One CC to Sri Y.Koteswara Rao, SC for Gram Panchayat (OPUC) 6. One CC to Sri K.Jyothi Prasad, Advocate (OPUC) 7. Three C.D. Copies. Cnr ♦ HIGH COURT DATED:25/03/2025 ORDER I" 03 APR 2025 g ^ . Current Section .^ WP(PIL).No.187 of 2019 CLOSING THE WP(PIL) WITHOUT COSTS