THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition Nos.4295, 4306, 4317, 4320, 4322, 4323, 4362, 4384, 4390, 4403, 4404, 4405, 4406, 4425 and 4490 of 2009 COMMON ORDER: The petitioners in this batch of writ petitions are self help groups of different villages in Kadapa District. All of them have been entrusted the works of laying C.C. Roads in different villages for execution. The said works were sanctioned by the District Collector in terms of G.O.Ms.No.13, dated 13.06.2008. Through similar orders dated 13.02.2009, the Deputy Executive Engineer, Panchayat Raj Sub-Division, Lakkireddipalli cancelled the entrustment of the works to the petitioners and instructed them not to execute the works. The basis mentioned in the said order is the direction issued by this Court in its order, dated 05.02.2009 in W.P.No.1963 of 2009. The petitioners contend that they have been entrusted with the works of the value ranging from Rs.1,00,000/- to Rs.2,00,000/-, strictly in terms of G.O.Ms.No.13, dated 13.06.2008 and G.O.Ms.No.37, dated 18.02.2005 and the impugned orders were passed without issuing any notices to them. They contend that this Court never directed the cancellation of works, that have already been entrusted, and that they have incurred huge expenditure for collection of material and commencement of the work. Sri V.R.N.Prashanth, learned counsel for the petitioners submits that the impugned proceedings cannot be sustained in law or on facts. He contends that this Court never directed the cancellation of the works that have already been entrusted. Learned Government Pleader for Panchayat Raj submits that the works were entrusted to the petitioners, which are self help groups, without following the procedure prescribed under G.O.Ms.No.37 and since this Court issued specific directions that the procedure contemplated under G.O.Ms.No.37 must be followed, the impugned orders were issued. According to him, the petitioners have not yet commenced the work. The Government issued G.O.Ms.No.37 prescribing the procedure for entrustment of the works of different categories. The constitution of habitation work committees by the Gram Panchayats is contemplated and the works have to be entrusted to such committees, duly following the procedure prescribed therefor. Under what is known as “new plan scheme” for integrated development of internal C.C. roads and C.C.draingages/underground drainages with PVC pipes in the villages of all rural mandals in the state, the Government sanctioned Rs.90,00,000/- for each Mandal through G.O.Ms.No.13, dated 13.06.2008. The District Collectors were conferred with the power to identify the works. The entrustment of these works was to take place in terms of G.O.Ms.No.37, dated 18.02.2005. However, the petitioners, which are not such habitation work committees, were entrusted the works. It is true that in W.P.No.1963 of 2009, this Court directed that the respondents therein shall scrupulously follow G.O.Ms.No.37, dated 18.02.2005, whenever the works within its purview are entrusted for execution. The question as to whether the respective Gram Panchayats, in the instant cases, have constituted habitation work committees and whether the petitioners have already commenced the works by the time the impugned order came to be passed could have been ascertained, if only show cause notices were issued to the petitioners. A work allotted to an agency cannot be cancelled without hearing it. Therefore, the writ petitions are allowed and the impugned orders are set aside. The Deputy Executive Engineer, Panchayat Raj Sub-Division, Lakkireddipalli shall issue notices to the petitioners as well as the respective Gram Panchayats within one (1) week from today, to ascertain whether any habitation work committees were constituted and if there are objections, on the part of the Gram Panchayats, for entrustment of works to the petitioners. The fresh orders on the basis of the explanation that may be submitted by the petitioners as well as the Gram Panchayats shall be passed within a period of two (2) weeks from the date of issuance of notices. The Deputy Executive Engineer shall also verify whether the petitioners commenced the works, by the time he passed the orders dated 13.02.2009 and the order passed by this Court in W.P.No.1963 of 2009 shall not be construed as the one for cancellation of the works, which are already launched validly. There shall be no order as to costs. _________ 17.03.2009 Note: Issue C.C. in two (2) days. (B/o) JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition Nos.4295, 4306, 4317, 4320, 4322, 4323, 4362, 4384, 4390, 4403, 4404, 4405, 4406, 4425 and 4490 of 2009 Date: 17.03.2009 JSU