IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 18904 of 2008 Between: T.Indira W/o. Yadunandana Sri. Pottisriramulu, Nellore District. ..... PETITIONER AND 1 The District Collector, Sri. Potti Sriramulu, Nellore District, Nellore. 2 The Exe4cutive Engineer, Panchayat Raj Department, Kavali, Nellore District. 3 The Mandal Parishat Development Officer, Jaladanki Mandal Nellore District. .....RESPONDENT(S) 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 to issue a writ, order or direction particularly one in the nature of writ of Mandamus declaring the action of the respondents in not entrusting the work of laying / construction of C.C.Road in jaladanki Village 7 Mandal, Sri . Potti Sriramulu Nellore District, Nellore to the hahitation works committee constituted by the Jaladanki Grampanchayat Committee Vide Resolution dated 26.08.2008 even though said committee was constituted as per the rules prescribed in G.O.M.S.No. 37 dated 18.02.2005, as illegal, arbitrary volatile of Article 14, 19 & 21 of the Constitution of India and iossue consequential direction to the respondents to entrust the above said work to the above said habitation works cpmmittee forthwith and pass Counsel for the Petitioner:MR.K.RATHANGA PANI REDDY Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 18904 of 2008 ORDER: The District Collector, Nellore, 1s t respondent herein, issued proceedings, dated 12.08.2008 sanctioning about 39 items of works to be undertaken in various parts of the District. One of the works is of construction of C.C. road in Jaladanki Village between the houses of one Mr.Velamuri Narapa Reddy and Polisetty Kondamma and it is remitted Rs.3 lakhs. The petitioner is the Sarpanch of the village. It is stated that the Government issued instructions in G.O.Ms.No.37, Panchayatraj and Rural Development (Progs.1A) Department, dated 18.02.2005, prescribing the procedure for allotment and execution of the works to be taken up in the limits of Grampanchayat. The petitioner contends that as provided for under the G.O., the Habitation Works Committee was constituted and complains that even though nomination was done in accordance with the guidelines contained in G.O.Ms.No.37, dated 18.02.2005, respondents 2 and 3 are trying to entrust the work to private individuals of their choice. Learned Government Pleader for Panchayat Raj submits that no nomination, as such, was received from the Gram Panchayat, as regards the work, in question. Heard learned counsel for the petitioner and learned Government Pleader for Ranchayat Raj. The District Collector had sanctioned works worth Rs.74 lakhs to Jaladanki Mandal of Nellore District. It is not in dispute that the method of execution of these works is governed by the procedure prescribed in G.O.Ms.No.37, dated 18.02.2005. There is a clear stipulation to the eﬀect that the works must be entrusted to the persons nominated by the Village Committee. Such a Committee has, in fact, been constituted. If the nomination was defective, in any manner, diﬀerent things would have ensued altogether. In case, the nomination made by the petitioner has not been passed on to respondents 2 and 3, the Committee shall forthwith do so. Hence, the Writ Petition is disposed of, directing that respondents 2 and 3 shall abide by the nomination, made by the Works Committee constituted by the Grampanchayat in accordance with G.O.Ms.No.37, dated 18.02.2005. There shall be no order as to costs. _________ 19.09.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 18904 of 2008 Date: 19.09.2008 JSU