HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.27283 of 2010 Date : 7-4-2011 Between : Nemallapudi Subbamma .. Petitioner And Panchayat Secretary, Nelaballi-Rettapalli Gram Panchayat, Nelaballi-Rettapalli village, Chillakur Mandal, Nellore District and others .. Respondents Counsel for petitioner : Sri K.Purushotham Counsel for respondent Nos.1 & 2: Smt.Ch.Vedavani, Standing Counsel Counsel for respondent No.3 : A.G.P. for Panchayat Raj The Court made the following : ORDER: This Writ Petition is filed for a mandamus to declare the inaction of the respondents in executing work orders dated 20-5-2008 for providing drainage works at Arundhathinagar, Nelaballi-Rettapalli Gram Panchayat, Chillakur Mandal, Nellore District, as illegal and arbitrary. Administrative sanction for construction of side drain at A/W of Nelaballi-Rettapalli with a cost of Rs.1,50,000/- was granted by the Chief Executive Officer, Zilla Parishad in his proceedings dated 13-5-2008. After grant of technical sanction, the work was awarded to one K.Raveendra Reddy, Convenor, Habitation Works Committee, and the agreement was concluded on 20-3-2008. As the work was not executed, the present Writ Petition is filed. In the counter affidavit filed by respondent No.1, it is inter alia stated that as the work entrusted to the Convenor, Habitation Works Committee, was not commenced, the agreement was cancelled on 13-5-2009 by the Deputy Executive Engineer, P.R. Sub-Division, Gudur. It is further stated that though the tenders were called as many as four times, as there was no response, the Zilla Parishad, Nellore has cancelled the work. When the petitioner has pointed out that the Executive Engineer, PR.I Division, Nellore addressed letter dated 18-1- 2011 to the Executive Engineer, PR.I Division, Gudur, wherein he has stated that he is enclosing a copy of letter dated 30-12-2010 of the District Collector, Nellore and that a sum of Rs.2.00 lakhs was received from the District Collector vide cheque dated 23-12-2010 for the work of construction of drainage canal in Nelaballi-Rettapalli village, this court called upon the learned Assistant Government Pleader for Panchayat Raj to explain the stand taken in the counter affidavit, which appeared to be contrary to the position reflected in the said letter dated 18-1-2011. After obtaining instructions, the learned Assistant Government Pleader submitted that the drainage work was sanctioned afresh on 16-12-2010 in pursuance of which a sum of Rs.2.00 lakhs was released by the District Collector in favour of the Executive Engineer, PR.I Division, Nellore on 18-1-2011 and that as the Executive Engineer, PR.I Division, Gudur is the concerned officer for getting the work executed, the said letter dated 18-1-2011 was addressed by the former to the latter. The learned Assistant Government Pleader further submitted that in pursuance of the fresh sanction orders, respondent No.1 was requested to identify the executing agency for entrusting the work. Smt.Ch.Veda Vani, learned Standing Counsel representing respondent No.1 stated that her client will take immediate steps to identify the agency for entrustment of the work. In the light of the above facts, the Writ Petition is disposed of with the direction to respondent No.1 to immediately finalise the name of the agency for execution of the work and forward the same to respondent No.3, who in turn shall entrust the work to the said agency and ensure that the work is commenced and completed within a period of three months from today. As a sequel to disposal of the Writ Petition, WPMP No.34855/2010 is disposed of as infructuous. ____________________ C.V.Nagarjuna Reddy.,J Date : 7-4-2011 AM