FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4975 OF 2007 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 1 Mr. S.U. Chaudhari, Advocate for the petitioner CORAM :- D.B. BHOSALE & R.M. BORDE, JJ. DATE :- 21ST JANUARY, 2011. PER COURT :- 1] Heard learned counsel for the parties. 2] By this writ petition, the petitioner is seeking directions to the respondent Nos. 1 to 3 to initiate and conduct Departmental Enquiry against respondent Nos. 5,6,8 and 9 and to recover the amount misappropriate by them. 3] The prayer made in the writ petition is based on the allegation that the work carried out by respondent Nos. 7,8 and 9 was only on paper. In other words, that they did not carry out any work in terms of the work order and misappropriated the Government funds allocated for the said purpose. 4] Respondent No.2 has filed an affidavit and also placed photographs on record, denying the allegations and stating that the work relating to the Approach Road has been executed proprly. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4975 OF 2007 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 2 5] This court, vide order dated 16th December, 2008, directed respondent No.3 to file an affidavit after verifying the subject work supposed to have been executed and certified by respondent No.5. Respondent No.3 was further directed to get the report from respondent No.4 about the work done and also personally verify that the project has been implemented as per the contract and that there was no misappropriation of funds. 6] Respondent No.3, accordingly, has filed an affidavit in reply, wherein, in para. 2 and 3 thereof, it is stated thus :- “As per order of the Hon'ble High Court dated 16th December, 2008, I personally have visited the subject road on 20th January, 2009 and have drawn out a panchanama of Spot verification annexed herewith as Exh.R-II. I have visited the site and verified that the said road exists and thoroughfare of vehicles like bullock-carts, tractors etc. is going on the said road. There is also evidence of Hard murum blanketing on the said road at certain places. . As per report of Executive Engineer, B & C. Z.P., dated 15.1.2009, the said road is in use today which FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4975 OF 2007 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 3 measures 450m. As per the opinion of Executive Engineer that H.M. Blacketing must have been done as evidenced by existence of Hard murum. Hence, there is not any possibility of financial misappropriations sine the road is in use even today. The said work has been implemented by gram panchayat and only part payment as per MB. Record has been paid to the village panchayat.” 7] Having considered the nature of allegations made in the writ petition and the affidavits filed by the respondent Nos. 2 and 3, we find no merit in the writ petition. Writ petition is dismissed. [R.M. BORDE, J.] [D.B. BHOSALE, J.] grt/-