IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 2593 of 2009 Between: Sri Papa Reddy Purushotama Reddy S/o.Raja Rami Reddy Zaminkothapalem Village, Vakadu Mandal, Sri Potti Sriramulu Nellore District. ..... PETITIONER AND 1 The District Collector, Collectorate, Nellore Town and Mandal, Sri Potti Sriramulu Nellore District. 2 The Mandal Parishad Development Officer, Vakadu Village and Mandal, Sri Potti Sriramulu Nellore District. 3 The Executive Engineer, Panchayat Raj Department, Gudur Town and Mandal, Sri Potti Sriramulu Nellore Dist. 4 The Dy. Executive Engineer, Panchayat Raj Department, Kota Village and Mandal, Sri Potti Sriramulu Nellore Dist. 5 The Junior Engineer, Panchayat Raj Department, C/o. Office of MPDO, Vakadu Village and Mandal, Sri Potti Sriramulu Nellore District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents herein in proposing to allot the works of laying of C.C. Road at Ganganapalem ST Colony in Vakadu Mandal and the work of laying of C.C. Road from P.Venkatarami Reddy house to R & B Road at Jamin Kothapalem in Vakadu Mandal and the work of laying of C.C. Road in B.C. Colony of Thupilipalem in favour of third parties without considering the valid and the legal claim of the Petitioner as illegal, arbitrary, discriminatory and in violation of the Guidelines laid down in Member of Parliament Local Development Schemes, with a consequential direction to issue proceedings allotting the said works to the Petitioner herein and to pass such other order or orders. Counsel for the Petitioner:MR.A.V.SIVAIAH Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : ORDER: The petitioner is the Sarpanch of Zaminkothapalem Village, Vakadu Mandal, Nellore District. His grievance is that the respondents have deviated from the prescribed procedure in the matter of entrustment of development works, in the village. It is stated that though four works were allotted for the village, the Gram Panchayat did not accord permission to execute the work, sanctioned through proceedings, dated 18.02.2008. Learned Government Pleader for Panchayat Raj, on instructions, submits that as regards two works, namely, laying of C.C. road in Zaminkothapalem Village and B.C. Colony of Thupilipalem, for two lakhs each, the petitioner did not respond, even after sanction. The laying of road in Old ST Colony of Ganganapalem is said to have been completed and that the fourth work of laying C.C. road from the house of P.Venkatarami Reddy to R & B road sanctioned under the MPLADS, was cancelled. Heard learned counsel for the petitioner and learned Government Pleader for Panchayat Raj. The State and Central Governments are sanctioning different works for the development of Gram Panchayats and other local authorities. May be with a view to avoid delay, a procedure has been prescribed, whereunder the execution was permitted through nomination for the works below five lakhs. This naturally led to the competition between various agencies, as the choice of choosing the agency is almost unbridled. Though in some cases the execution can be perfect and the matters can be transparent, the entrustment of technical works, by nomination, has its own short comings. There would not be any occasion to verify the experience and ability of the person, much less the opportunity to ensure proper quality and durability, after the work is executed. It is not as if there did not exist any perfect procedure, in this regard. Inviting tenders and examination of the experience and ability of the agencies used to be undertaken perfectly. Further, the works are not such that they cannot brook delay of few days that may be involved in the process of such verification. At least, now the procedure has to be reviewed, so that the execution of the work would be perfect and durable. Coming to the facts of the present case, out of the four works, one work has already been executed and the other was cancelled. The respondents do not have any objection for entrusting the other two works to the petitioner. Hence, the Writ Petition is disposed of, directing that the respondents shall entrust the two works i.e. laying of C.C. road in Zaminkothapalem Village and laying of C.C. road in BC colony of Thupilipalem to the petitioner, which, in turn, shall entrust the same to experienced persons, after inviting tenders and the evaluation thereof shall be made by the concerned Executive Engineer of the Panchayat Raj Department. The entrustment shall be done by the Committee constituted under G.O.Ms.No.37. This procedure shall apply, in case of other works also that may be sanctioned to the petitioner. There shall be no order as to costs. __________ 13.02.2009 GJ