THE HONOURABLE SRI JUSTICE A.GOPAL REDDY and THE HONOURABLE SRI JUSTICE K.C.BHANU W.P.No.8778/2010 Dt.2-8-2010 Boppana Satyanarayana ..Petitioner ..Petitioner V. 1.The Government of Andhra Pradesh, represented by its District Collector, East Godavari District, Kakinada and others. 1. ..Respondents. ..Respondents The Court made the following: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY and THE HONOURABLE SRI JUSTICE K.C.BHANU WP No.8778/2010 ORAL ORDER (per the Honourable Justice A.GOPAL REDDY) This writ petition, in the form of public interest litigation, is filed for issuance of a writ of Mandamus declaring the action of the fifth respondent, namely, Executive Engineer, Panchayat Raj Division, Rajahmundry, East Godavari District, in permitting 7th respondent to commence the work at Kothapalli of East Godavari District under National Rural Employment Guarantee Scheme as illegal, arbitrary and violative of Art.14 of the Constitution of India. The main grievance of the petitioner is that under National Rural Employment Guarantee Scheme, the Central Government allotted funds for formation of roads at Kothapalli Gram Panchayat, GokavaramMandal, East Godavari District and said funds are entrusted to 7th respondent, who is facing serious lapses in the administrative of Gram Panchayat. In that regard, a show cause notice in RC No.4100/09-A1 dt. 9-3-2010 was issued by the District Collector (Panchayat Wing), Rajahmundry, asking the 7th respondent to show cause as to why action for financial irregularities should not be taken under the provisions of Andhra Pradesh Panchayat Raj Act. Entrusting the work to the 7th respondent, who is facing enquiry into the financial irregularities committed by him as arbitrary and illegal. The Executive Engineer, Panchayat Raj Department Rajahmundry by letter dt. 13-3-2010 sanctioned five lakhs for laying roads. This court while issuing notice to the respondents granted status quo on 20- 4-2010, which has been extended on 27-4-2010. The 7th respondent filed the counter-affidavit along with vacate stay petition stating that the present petition is ventilating private grievance. The Government of Andhra Pradesh withdrawn the decision taken earlier to allot the works to the Indiramma Committees under the National Rural Employment Guarantee Scheme, to which the petitioner is the member, and decided to allot the said works to the Gram Panchayats, the present petition came to be filed. On issuing the show cause notice by the District Collector (Panchayat Wing), Rajahmundry dt. 9-3-2010, 7th respondent submitted a detailed explanation on 29-3-2010 denying all the allegations levelled against him and enquiry is still pending and is in progress and he has not been found fault with the said allegations. On sanctioning road works by the Executive Engineer, Panchayat Raj Division, Rajahmundry by letter dt. 13-3-2010 requesting the 7th respondent to commence the work for formation of roads in Kothapalli Gram Panchayat, 7th respondent commenced the said work under two heads, and they are in progress. For due execution of the work, he dumped 200 tractors of gravel heaps on either side of the road and at that stage the present writ petition is filed and obtained status quo. The fact being the petitioner is a member of Indiramma Committee and works allotted earlier to Indiramma Committees under National Rural Employment Guarantee Scheme was withdrawn and allotted the present work to the 7th respondent has not been denied by the petitioner by filing any reply, therefore, the same deemed to have been admitted. Having regard to the above circumstances, since the developmental activities cannot be stalled, the official respondents are hereby directed to complete the enquiry pursuant to the show cause notice issued to the 7th respondent and pass appropriate orders within two (2) months from the date of receipt of a copy of the order. Since the work has already been entrusted to the 7th respondent pursuant to the letter written by the fifth respondent sanctioning Rs.5 lakhs, on 7th respondent executing works pursuant to the impugned letter dt. 13-3-2010, the fifth respondent or his subordinates shall release the amount due to the extent of the works, periodically executed by the 7th respondent, after satisfying themselves that the work executed is in accordance with the standards specified. With the above observation, the writ petition is disposed of. No costs. -------------------- A.GOPAL REDDY,J --------------- K.C.BHANU,J DT. 2-8-2010 Kmr