THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.1681 of 2008 29.4.2010 Between Chintala Kotaiah, S/o.China Balaiah … Petitioner AND Government of Andhra Pradesh, represented by Secretary, Panchayat Raj Department, Secretariat, Hyderabad And others … Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.1681 of 2008 ORDER: The petitioner is Sarpanch. He filed instant writ petition challenging the procurement notice dated 18.1.2008 whereby and whereunder the second respondent proposed to take up the work of construction of Overhead Service Reservoir (Water Purification Plant) in Vallapalli Village of Ballikurava Mandal in Prakasam District. This Court while admitting the writ petition on 05.2.2008 stayed all further proceedings pursuant to procurement notice insofar as petitioner village is concerned. Respondents 1 to 3 have come forward with application being WVMP No.599 of 2009 for vacating the interim order. As the controversy is in narrow compass, the matter is heard finally and is being disposed of, at the interlocutory stage. It is mainly contended by petitioner that respondents 1 to 3 with mala fide intention are taking up work in the Gram Panchayat at an estimated cost of Rs.30.00 lakhs without calling for tenders and entrusting the work on nomination basis. In the counter affidavit filed by third respondent, it is stated as under. It is further submitted that the 2nd respondent i.e. Executive Engineer, RWS, has invited tenders for construction of over head service reservoir of 90,000 Ltrs. Capacity with an estimated cost of Rs.17,50,000/-. In the mean time the present writ petition has been filed before the Hon’ble Court and the Hon’ble Court in its orders dated 05.2.2008 has granted interim stay of all further proceedings. It is submitted that due to the stay orders passed by the Hon’ble Court dated 05.2.2008 the works has been stalled and installation of purifying plant proposed to be installed with an estimated cost of Rs.12.50 lakhs is also been stalled as the construction of Overhead Service Reservoir is stopped and the water so purified is to be preserved in the tank which is proposed to be constructed. The writ petition was filed on 30.1.2008 and as per the counter averments, which remain uncontroverted, second respondent invited tenders for construction of Overhead Service Reservoir of 90,000 Ltrs at an estimated cost of Rs.17.50 lakhs. It is also stated in the counter affidavit that the work of construction purifying plant is completed and the plant has been installed. This only shows that after filing the writ petition, second respondent called for tenders. Even otherwise, it is well settled that while taking up public works, public interest should be subserved and such thing can be done only by public auction. Now second respondent has called for tenders for construction of Overhead Service Reservoir, petitioner’s grievance is sufficiently redressed. Second respondent may, if necessary, call for fresh tenders keeping in view lapse of time. The interim order dated 05.2.2008 is vacated. The writ petition is accordingly disposed of. _____________ (V.V.S.RAO,J) April 29, 2010. YS