S Nageswara Rao S/O Late Ranganadham v. State Of Andhra Pradesh., Rep By Its

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE P. NAVEEN RAO Public Interest Litigation No.149 of 2015 Date:14.3.2016 Between:

S. Nageswara Rao, Kinthali Village, Ponduru Mandal, Srikakulam District and others.

.....Petitioners And State of Andhra Pradesh, Represented by its Secretary, Department of Rural Development,, Hyderabad and others.

... Respondents

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE P. NAVEEN RAO Public Interest Litigation No.149 of 2015 PC:(Per the Hon'ble the Acting Chief Justice Dilip B. Bhosale) Heard learned counsel for the parties.

Petitioner, in the instant petition, seeks the following relief: "For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon'ble Court may be pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus, declaring that the inaction of the 3rd respondent in not undertaking an enquiry with respect to the irregularities pointed out in the representation dated 10.04.2015 about the misappropriation of funds in the NREGA Programme in Kinthali Gram Panchayat as illegal, arbitrary and opposed to public administration and public revenues of the state and to consequentially direct the 3rd respondent to consider our representation dated 10-04-2015 and to conduct an enquiry into the works undertaken by the NREGA in Kinthali Gram Panchayat, Pondhuru Mandal, Srikakulam District and to recover the amounts that have been misappropriated and pass such other order or orders as deemed fit and proper in the circumstances of the case."

Ms. Vasudha Nagaraj, learned counsel for the petitioners submits that the petitioners would be satisfied if the representation dated 10.4.2015 alleging irregularities and misappropriation of funds in the NREGA programme is considered and if the allegations are found to be true, if directions are issued to take appropriate action against the erring officers.

Mr. Prasad Rao, learned Government Pleader submits that the concerned authority shall consider the petitioners' representation dated 10.4.2015 within eight weeks from today.

In the circumstances, we dispose of this Public Interest Litigation by the following order:

"The concerned authority shall consider and decide petitioners' representation dated 10.4.2015 and if it is found that the allegations made therein are true, shall take appropriate action against the erring officers."

With these observations, the Public Interest Litigation is disposed of.

Consequently, pending miscellaneous applications shall also stand closed.

____________________ DILIP B. BHOSALE, ACJ __________________ P. NAVEEN RAO, J 14th March, 2016 Pnb