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2025 DAILYLAW 44906 (AP)

M SAI KIRAN v. THE STATE OF AP

WP(PIL)/124/2024 · 2025-04-01

Dhiraj Singh Thakur, Ravi Cheemalapati

Public Interest Litigationbody2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WP(PIL) NO: 124 OF 2024 Between: M Sal Kiran, S/o M.Krishna Rao Aged about 25 years, Occ Business, R/o Kakiveedhi, Fareedpeta Village AND Post, Etcherla Mandal, Srikakulam District-532410 Cell No.9505436073 Aadhar Card No. 8549 6983 0083 PAN Card No.ELIPM2473N Bank Account No 012810100281772 Mail ID kiranvvhs@amail.com ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Panchayat Raj and Rural Development, AP Secretariat, Amaravathi, Velagapudi, Guntur District. 2. Commissioner Panchayat Raj and Rural Development, Government of Andhra Pradesh, Tadepalli, Guntur. 3. The District Collector / The District Programme Coordinator, Mahatma Gandhi National Rural Employment Guarantee Scheme, Srikakulam District, Andhra Pradesh. %It i/ 4. The Project Director. District Water Management Authority Programme Coordinator, Mahatma Gandhi National Guarantee Scheme, Srikakulam District, Andhra , / Joint Rural Employment Pradesh. ...Respondents Petition under Article 226 of the Constitution Of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue may an appropriate writ, direction or order more particularly in the nature of Writ of Mandamus declaring the impugned proceedings of the Respondent No.2, Commissioner, PR and RD in proceeding Circular Memo No. 1309/EGS/DEE(T) /New Sanctions/2023 the proceeding of RC No. 65/2023/EGS/D Respondent No.4, Project Director, Coordinator, MGNREGS Srikakulam one dated 18.07.2023 and dated 28.02.2024 of the DWMA AND Joint Programme District as illegal, arbitrary and contradicting to the NREG act and its rules and also against the principles of natural justice and consequently direct the Respondent Collector/ Program Coordinator MGNREGS, Srikakulam No.3, District District to issue the material component of Lakhs as passed in the Etcherla Mandal and grant such other proper in the circumstances of the administrative sanction for the proposed works under the MGNREGS grant for the amount of Rs 1402.80 Grama Sabha Resolutions of the Gram Panchayats of the and Resolution passed by the Mandal Praja Parishad relief or reliefs as deemed fit and case. lA NO: 1 OF 2074 Petition under Section 151 CPC praying that in the circumstances stated m the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.3, District Collector/ Programme Coordinator MGNREGS'^'' ' u am District to give administrative sanction for the proposed material component works under MGNREGS for an amount of Rs 1402.80 lakhs in Etcherla Mandal, Srikakulam District. Counsel for the Petitioner: SRI. M CHIRANJEEVI Counsel for the Respondents: GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following order: APHC010237212024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3483] WP(PIU No: 124/2024 Between: M Sai Kiran ...PETITIONER AND The State of AP and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.MCHIRANJEEVI Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV CORAM: THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 02.04.2025 ORDER (Per Sri Justice Ravi Cheematapati) This Writ Petition in the nature of Public Interest Litigation is filed challenging the proceedings issued by respondent no.2-Cornmissioner, PR&RD in proceeding Circular Memo No.l309/EDS/DEE{T)/New sanctions/2023, dated 18.07.2023 and the proceeding of respondent no.4--Project Director, DWMA & Joint Programme Coordinator, MGNREGS, Srikakulam District in RC NO.65/2023/EGS/D, dated 28.02.2024, as illegal, arbitrary besides being in contravention of NREG Act and its Rules. .W<P((PIL)J^0.124 of2024 2. Heard Sri M.Chiranjeevi, learned counsel for petitioner, and the learned Government Pleader for Panchayat Raj. 3. As could be perceived from the prayer, this Public Interest Litigation has been filed impugning the Circular Memo dated 18.07.2023 issued by the Commissioner, Panchayat Raj & Rural Development, putting an upper limit in relation to Mahatma Gandhi National Rural Employment Guarantee Scheme (for short, 'MGNREGS') funds in respect of plain Mandals to Rs.60.00 lakhs and the consequential proceedings of the Project Director, DWMA, Srikakulam, requesting to prioritize the work proposals for Rs.60 lakhs for sanction initially. However, the pleadings are inconsistent with the relief sought. They are to the effect that even though fresh proposals were submitted prioritizing the works to the tune of Rs.60 lakhs, administrative sanction was not accorded to Etcherla Mandal, while sanction was accorded in respect of other plain Mandals of the District. Therefore, the pleadings contra to the relief sought. run 4. Generally, this Court would be reluctant to issue writs in respect of the sanction of funds for development by the Government, until it is demonstrated that the Government's action is arbitrary, unreasonable, or illegal. ^CJ ^ ‘HCJ .W(P((P1L) Wb. 124 of2024 ^ 3 5. In the instant case, the pleadings are not only inconsistent with the relief sought but being bereft of necessary ingredients that are required for interference of this Court with regard to sanction of funds for development activities. Thus, this writ petition being devoid of merit is liable to be closed. 6. Accordingly, the Writ Petition (PIL) is dosed. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. Sd/-SHAIK MOHD RAFI ASSISTANT REGISTR^ //TRUE COPY// \ . SECfl^rOIFFICER To, 1. One CC to Sri. M Chiranjeevi Advocate [OPUC] 2. Two CCs to GP for Panchayat Raj Rural Dev, High Court Of Andhra Pradesh. [OUT] 3. Three CD Copies GSC HIGH COURT DATED:02/04/2025 ORDER WP(PIL).No.124 of 2024 f 05JUN20S I <3=«, current CLOSING THE WP (PIL) WITHOUT COSTS