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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.
                   Komal Kamble                                                         Page| 1 of 3
                                      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


Komal Kamble                                                      Page| 2 of 3
                                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




Komal Kamble                                                Page| 3 of 3


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