APHC010431602026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY, THE 25th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 23523/2026 Between: 1. Y KISHORE KUMAR, S/O VENKATESWARLU, AGE. 35 YEARS, OCCUPATION.MEMBER OF MANDAL PARISHAD TERRITORIAL CONSTITUENCY (MPTC), CHANDULURU CONSTITUENCY,R/O D.NO.3-106, CHANDULURU VILLAGE, LAKKAVARAPUKOTA MANDAL, VIZIANAGARAM DISTRICT - 535161. ...PETITIONER A N D 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522238. 2. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, TADEPALLI, GUNTUR DISTRICT - 522501. 3. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, COLLECTORATE, VIZIANAGARAM DISTRICT - 535003. 4. THE CHIEF EXECUTIVE OFFICER, ZILLA PARISHAD, VIZIANAGARAM - 535002. 5. THE PROJECT DIRECTOR, DISTRICT WATER MANAGEMENT AGENCY (DWMA), VIZIANAGARAM - 535003. 6. THE ADDITIONAL PROGRAMME OFFICER, MGNREGS, LAKKAVARAPUKOTA MANDAL, VIZIANAGARAM DISTRICT - 535558. 7. CHANDULURU GRAM PANCHAYAT, REP BY GRAM PANCHAYAT SECRETARY, LAKKAVARAPUKOTA MANDAL OF VIZIANAGARAM, ANDHRA PRADESH.535161 8. THE DIRECTOR GENERAL, VIGILANCE AND ENFORCEMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, NTR DISTRICT - 520010. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High SRK, J W.P.No.23523 of 2026 2 Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the failure of the respondents to consider and dispose of the petitioner's. Representation dated 03.08.2026 to 2nd,3rd respondents and 22.05.2026 submitted to 8th respondents, and their failure to take appropriate action on the Social Audit Report for the Financial Year 2024-2025, despite the reported recovery observations of approximately 21,00,000/-, and not conducting social Audits for the subsequent years I.e. 2025 - 2026 as being arbitrary, illegal, unreasonable, violative of Articles 14, 21, 243A and 243G of the Constitution of India, violative of the provisions of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005, and the Andhra Pradesh Panchayat Raj Act, 1994, and consequently direct the respondents to consider the representations of the petitioner by initiating appropriate action against the misuse of funds IA NO: 1 OF 2026 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 direct the respondents not to upload any bills pertaining to the works of Mahatma Gandhi National Rural Development Scheme executed during year 2025-2026 without conducting social audit as per Section 16 & 17 of Mahatma Gandhi National Rural Employment Guarantee Act, 2005 pending disposal of the main Writ Petition Counsel for the Petitioner: 1. KIRAN KUMAR VADLAMUDI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: SRK, J W.P.No.23523 of 2026 3 O R D E R Heard learned counsel for the petitioner, the learned Assistant Government Pleader for Panchayat Raj and Rural Development, the learned Standing Counsel for Gram Panchayat, and the learned Assistant Government Pleader for General Administration Department. 2. This Writ Petition is filed seeking the following relief: “….to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the failure of the respondents to consider and dispose of the petitioner’s representation dated 03.08.2026 to 2nd and 3rd respondents, and 22.05.2026 submitted to 8th respondent, and their failure to take appropriate action on the Social Audit Report for the Financial Year 2024-2025, despite the reported recovery observations of approximately Rs.21.00 lakhs, and not conducting Social Audits for the subsequent years i.e. 2025-2026, as arbitrary, illegal, and violative of Articles 14, 21, 243A and 243G of the Constitution of India, and consequently, to direct the respondents to consider the representations of the petitioner by initiating appropriate action against the misuse of funds, and to pass such other order or orders …” 3. Grievance of the petitioner is that, he is an elected Member of the Mandal Parishad Territorial Constituency (MPTC), accountable to the residents of Chanduluru Gram Panchayat, and Lakkavarapu Kota Mandal; that during the course of discharging his public duties, he came across several serious irregularities in the SRK, J W.P.No.23523 of 2026 4 execution of works under the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS), involving misuse of public funds, manipulation of official records, and non-compliance of mandatory statutory procedures, and these irregularities prompted the petitioner to seek intervention of competent authorities through representation before 8th respondent; that prior to the representation, a Social Audit relating to the Financial year 2024-2025 was conducted at Lakkavarapukota Mandal headquarters on 13.04.2026, during which, serious objections relating to execution of works were reportedly recorded, and approximately Rs.21.00 lakhs was held liable to be recovered from the concerned Engineering and Panchayat Raj officials; that the Engineering Assistant and the Assistant Engineers concerned were reportedly identified in the Audit Proceedings as being responsible for the irregularities noticed, but despite the said findings, no effective action has been initiated till date. (b) It is further stated that since no effective action and factual answers were forthcoming from the authorities pursuant to the representations given by the petitioner on 09.05.2025, 30.11.2025, 29.04.2026, 11.05.2026 and 03.08.2026, in Public Grievance Redressal System, the petitioner made a detailed representation on SRK, J W.P.No.23523 of 2026 5 22.05.2026 before 8th respondent, specifically requesting the authorities to verify Gram Sabha resolutions, Administrative Sanctions, Technical Sanctions, estimates, Measurement Books, uploaded bills, work files, and field execution of works, and to initiate criminal, departmental and vigilance proceedings against all responsible officials and contractors, besides recovering the misused Government funds, but no comprehensive inquiry has been conducted. (c) It is further contended that false, inflated and excess measurements have been recorded in several Measurement Books (M-Books), thereby, facilitating wrongful payments from public funds; that the actual work executed at the site and the measurements recorded in the M-Books are stated to be materially different; that the Social Audit conducted on 13.04.2026 for the Financial Year 2024- 2025 reportedly identified serious irregularities i.e. work executed without Gram Sabha resolution and recommended recovery of approximately Rs.21.00 lakhs from the concerned officials, and despite such findings, the respondents neither placed any material to show compliance with the audit recommendations nor passed any reasoned orders on the petitioner’s representation; that the inaction of the respondents in considering the petitioner’s representation dated SRK, J W.P.No.23523 of 2026 6 03.08.2026 and no action upon the representation dated 22.05.2026 to 8th respondent, and in failing to act upon the Social Audit findings dated 13.04.2026, is arbitrary and illegal. Hence, the Writ Petition. 4. Learned counsel for the petitioner contends that the petitioner brought to the notice of the competent authorities about several irregularities in execution of the works under the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) within Chanduluru Gram Panchayat, Lakkavarapukota Mandal, and despite a Social Audit relating to the Financial Year 2024-2025 was conducted on 13.04.2026 at Lakkavarapukota Mandal headquarters, wherein several irregularities were reportedly noticed and recovery of approximately Rs.21.00 lakhs was recommended from the concerned officials, no effective action has been taken by the authorities. Learned counsel further contends that the petitioner had submitted a detailed representation dated 22.05.2026 to 8th respondent, requesting verification of the relevant Gram Sabha resolutions, administrative and technical sanctions, estimates, Measurement Books, uploaded bills, work files and actual execution of works, and for initiation of appropriate departmental, vigilance and criminal action, apart from recovery of the alleged misused Government funds. SRK, J W.P.No.23523 of 2026 7 5. Learned Assistant Government Pleader appearing for the official respondents, on instructions, submits that the allegations made by the petitioner are matters which can be examined by the competent authority in accordance with the applicable Rules and procedure. It is submitted that the petitioner cannot seek a direction from this Court for a predetermined conclusion or for initiation of criminal, departmental or vigilance proceedings merely on the basis of the allegations contained in the representation. It is further contended that the competent authority may be permitted to examine the Social Audit proceedings, the records relating to the works in question, and the allegations raised by the petitioner, and thereafter, take an appropriate decision in accordance with law. Learned Standing Counsel appearing for the Gram Panchayat adopts the submissions made by the learned Assistant Government Pleader. 6. A perusal of the material on record goes to show that the grievance of the petitioner mentioned in his representation dated 22.05.2026, submitted to 8th respondent, raising specific allegations regarding several irregularities in the execution of MGNREGS works and referring to the findings/recommendations said to have been recorded in the Social Audit conducted on 13.04.2026, has not been considered and disposed of, by the competent authority. At this stage, SRK, J W.P.No.23523 of 2026 8 this Court is not inclined to examine the disputed factual allegations relating to the execution of individual works, correctness of measurements recorded in the Measurement Books, responsibility of particular officials, or the alleged financial loss, as, such matters require examination of the relevant records and, wherever necessary, verification at the field level by the competent authority. Similarly, the question as to whether any departmental, vigilance or criminal proceedings are warranted is required to be considered by the authority competent under law. However, when a representation is made before the competent authority containing specific allegations concerning alleged irregularities in the utilization of public funds and also referring to the Social Audit proceedings, the same has to be considered in accordance with law. 7. Having regard to the nature of the grievance and without validating the correctness of the allegations raised by the petitioner, this Court is of the considered view that ends of justice would be met, if 8th respondent is directed to consider and dispose of the petitioner’s representation dated 22.05.2026 in accordance with law. 8. Therefore, 8th respondent is directed to inquire and dispose of, the petitioner’s representation dated 22.05.2026, by examining the allegations raised therein, the relevant Social Audit SRK, J W.P.No.23523 of 2026 9 proceedings relating to the Financial Year 2024-2025 and the records relevant to the grievances raised by the petitioner, and to take an appropriate decision in accordance with law, within a period of three (03) months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the allegations made by the petitioner. Respondent No.8 is at liberty to take an independent decision in accordance with law and on the basis of the material and records available before the authority. 9. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs of the Writ Petition. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. JUSTICE K. SREENIVASA REDDY 25th August, 2026. DNB