IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.26115 of 2003 Between: 1 Mannaru Penchalaiah, S/o.Obaiah, R/o. Gudluruvaripalem, Venkatachalam Mandal, Nellore District. 2 Nadavala Sudershanamma, W/o.Sreenivasulu, MPTC, Epuru Bit-II, Venkatachalam Mandal, Nellore District. 3 Mypati Vennaiah, S/o.Narasaiah, R/o. Gudluruvaripalem, Venkatachalam Mandal, Nellore District. ..... PETITIONER(S) AND 1 The District Collector, Nellore. 2 The Revenue Divisional Officer, Nellore. 3 The Superintendent of Police, Nellore. 4 The Mandal Revenue Officer, Venkatachalam Mandal, Nellore District. 5 N.Sardar Singh, S/o.Subbi Singh, Former Fair Price Shop Dealer, Niduguntapalem, Venkatachalam Mandal, Nellore District. 6 Epuru Subba Reddy, S/o.Gopalakrishna Reddy, R/o.Gudluruvaripalem, Venkatachalam Mandal, Nellore District. 7 The Assistant Engineer, Venkatachalam Mandal Office, Venkatachalam, Nellore District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an order, direction or writ more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents 1 to 4 to initiate necessary action to prosecute the respondents 5 to 7 for misappropriation of 70 MTs of rice obtained by them under Food For Work Programme and recover the cost thereof from them and distribute the rice to the poor labourers as arbitrary, illegal and unjust and in violation of Articles 14 and 21 of the Constitution of India and the directions of the 1st respondent and consequently direct the respondents 1 to 4 to initiate necessary criminal proceedings against the respondents 5 to 7 and recover the cost of rice from them and distribute the rice to the poor labourers and pass. Counsel for the Petitioner:MR.M.VENKATA NARAYANA Counsel for the Respondent No.: GP FOR CIVIL SUPPLIES The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.26115 of 2003 ORDER: The only grievance of the petitioners is that though respondents 5 to 7 misappropriated 70.000 MTs of rice obtained by them under Food For Work Programme, there cannot be any justification on the part of respondents 1 to 4 in not initiating any criminal proceedings against them. A counter has been filed by the 3rd respondent stating that after making preliminary enquiry about misappropriation of 67.000 MTs of Food for Work Rice, which was released towards repairs of Kammineni Tank and Pudiparthi Drain Works, a report was submitted to the District Collector, Nellore, marking a copy to the Revenue Divisional Officer, Nellore, for taking further action. The Joint Collector, Nellore, vide his proceedings in Rc.E.63/2003, dated 21-01-2003, issued a memo directing to file a criminal case against respondents 5 and 6 and also directed the Revenue Divisional Officer to take disciplinary action against them. Accordingly, the fair price shop dealership was suspended and the Station House Officer also registered a case in Cr.No.158/GL/SDO/Nellore/2003, dated 01-04- 2003. In view of the aforesaid facts and circumstances of the case, it cannot be said that no action has been taken against respondents 5 to 7. Recording the aforesaid statement made in the counter, the writ petition is closed. There shall be no order as to costs. __________ 18-07-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TML}