IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.2821 OF 2010 Between : Nakka Prasada Rao others ... PETITIONERS A N D District Collector and others … RESPONDENTS THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION NO.2821 OF 2010 ORDER: This Writ Petition is ﬁled seeking to declare the proceedings No.906-M, dated 25.09.2009, issued by respondent No.1 insofar as it relates to petitioners Gram Panchayats, as illegal and arbitrary and contrary to the guidelines issued under G.O.Ms.No.123 I & CAS (MI-IV) Department, dated 10.10.2005 and to set aside the same and consequently direct the respondents not to execute the works pursuant to the said proceedings insofar as it relates to petitioners Gram Panchayats without following the guidelines in the said G.O. and provisions of Section 80 of A.P.Panchayat Raj Act. 2. The averments of the aﬃdavit ﬁled in support of the Writ Petition may be stated as follows: Respondent No.1-District Collector, Srikakulam had issued proceedings No.906-M, dated 25.09.2009, whereunder and whereby, respondent No.2 - Executive Engineer, Srikulam, was requested to complete the sanctioned works i.e., Restoration, Improvements to M.I.Sources & Construction of diversion weirs Checkdams, etc. A further direction was given to Superintending Engineer, Irrigation Circle, Bobbili to verify Quality of works ensuring the normal Quality Control and proper documentation shall be done for the works carried out duly taking the photographs before, during, and after execution of work duly following the guidelines issued in the Government Memo and G.O.Ms. No.123, dated 10.10.2005 and G.O.Ms.No.42, dated 25.03.2008. Challenging the proceedings, dated 25.09.2009, the present Writ Petition is ﬁled on the ground that if the sanction works are upto Rs.5 lakhs, the works have to be executed through the Gram Panchayats or committees coordinated by Gram Panchayats. 3. Learned counsel appearing for the petitioners relied upon a proceedings issued by Principal Secretary to Government, whereunder restoration of breached Panchat Raj tanks where the works costing upto Rs.5.00 lakhs may be executed through the Gram Panchayats or it is coordinated by Gram Panchayats and works above Rs.5.00 lakhs shall be entrusted through tender procedure. 4. Respondent No.2 ﬁled detailed counter-aﬃdavit stating that the works have been entrusted to the concerned persons by following due process; that the works have been coordinated by the concerned oﬃcials and therefore, the question of not allotting the works to be carried out through the Gram Panchayats, does not arise. 5. In view of the fact that the entire contract work has been completed, the question of giving a direction to the respondents to complete the work through the Gram Panchayats, does not arise. 6. Therefore, the Writ Petition is dismissed as infructuous as cause does not survive in this Writ Petition. There shall be no order as to costs. _______________ K.C.BHANU, J NOVEMBER 04, 2011. YVL