Bombay High Court
GANGUBAI W/O. BABURAO JADHAV AND ANRversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition is dismissed as the allegations are false and frivolous, and the works have been completed, leaving no basis for a criminal investigation.
Summary
The petitioners filed a criminal writ petition alleging that officials submitted bogus bills and misappropriated Rs.7,30,000 in connection with the construction of a Mati‑Nala Bandh under the Jalyukta Shivar Scheme. They sought an investigation and action against the officers. The respondent submitted an affidavit with photographs and documents showing that the works had been completed in the petitioner's village, and only one other village remained pending with funds still unspent. The Court found the allegations to be false and frivolous, concluding that no ground existed for the petition. Consequently, the petition was disposed of and the court fee of Rs.50,000 was forfeited, with portions directed to the court registry and library.
Issues considered
- Whether the petitioners' allegations of bogus bills and misappropriation of funds warrant a criminal investigation under the relevant statutes.
- Whether the petition is maintainable given that the works have been completed and the allegations are found to be false and frivolous.
Subjects
- criminal writ petition
- misappropriation of funds
- bogus bills
- frivolous petition
- forfeiture of court fee
- Jalyukta Shivar Scheme
- Mati‑Nala Bandh
Judgment
2026:BHC-AUG:40392-DB
918 CRIMINAL WRIT PETITION NO. 393 OF 2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
918 CRIMINAL WRIT PETITION NO. 393 OF 2020
Gangubai W/o. Baburao Jadhav And Another
Versus
The State Of Maharashtra And Others
__________________________________________________________
• Adv. Deshmukh Ravindra M. for the Petitioners
• Ms. U. S. Bhosale, A.P.P. for State
__________________________________________________________
CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.
DATE : SEPTEMBER 02, 2026
PER COURT :
1) Heard.
2) Although the learned counsel for the petitioners
submits that Petitioner No. 1 is no more, on going through
the record, it is revealed that the petitioners have filed the
present petition seeking an investigation into the work of
construction of Mati-Nala Bandh completed in the
year 2017-2018 and to take action against the concerned
officers for submitting bogus bills and thereby
misappropriating Government funds to the tune of
Rs.7,30,000/-. The petitioners have also prayed for
consideration of their complaints.
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918 CRIMINAL WRIT PETITION NO. 393 OF 2020
3) However, the affidavit-in-reply filed by
Respondent No. 3 clearly indicates that the works of Mati-
Nala Bandh in various villages have already been completed
by utilising the Government grant under the Jalyukta
Shivar Scheme. In the village of Petitioner No. 1, the said
work has been completed and photographs to that effect are
also annexed to the affidavit-in-reply, along with the
necessary documents. It appears that only in Gonsi Tanda
village, the work of Mati-Nala Bandh is yet to be carried
out, but the funds are still available with the concerned
authority.
4) Under such circumstances, whatever allegations
have been made by the petitioners are found to be false and
frivolous. In view of the same, nothing survives in the
present petition. Criminal Writ Petition, therefore, stands
disposed of.
5) The amount of Rs.50,000/- paid by the
petitioners is hereby forfeited. Out of the said amount,
Rs.25,000/- be paid to the Registry for utilisation towards
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918 CRIMINAL WRIT PETITION NO. 393 OF 2020
the Dispensary of this Court, and the remaining amount be
paid to the Government Pleaders's Library, High Court of
Bombay, Bench at Aurangabad. The amounts be paid along
with the proportionate interest accrued thereon till date, if
any.
(VAISHALI PATIL-JADHAV) (SANDIPKUMAR C. MORE)
JUDGE JUDGE
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