IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 5191 of 2007 Between: 1 Barla Srinivas S/o.Sanyasi, Kovvur Municipality, Kovvur, W.G. District. 2 Pathiwada Rama Rao S/o.Apparao, Kovvur Municipality, Kovvur, W.G. District. 3 A.Chittemma W/o.Ramakrishna, Kovvur Municipality, Kovvur, W.G. District. 4 M.China Buchi Babu S/o.Sankarudu, Kovvur Municipality, Kovvur, W.G. District. 5 Surapani Satyavathi W/o.Rajeswara Rao, Kovvur Municipality, Kovvur, W.G. District. ..... PETITIONERS AND 1 Prl. Secretary, Municipal Administration and Urban Development, Government of Andhra Pradesh, Secretariat, Hyderabad. 2 The commissioner and Director, Municipal Administration, Tank Bund, Hyderabad. 3 The District Co-ordination Committee, West Godavari, rep. by its Convener, Kovvur, W.G. District. 4 Kovvur Municipality, rep. by its Commissioner, Kovvur, West Godavari 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 of Mandamus, or any other appropriate writ, order or direction, declaring the proposed action of the respondents in selecting the wards belonging to Kovvur Municipality, contrary to rules and guidelines issued in G.O.Ms.No.52 and circular Roc.No.200/06- IND, dt. 3-2-2007 for the 2nd phase of Indiramma scheme, as illegal, contrary to law and violative of principles of natural justice and for a consequential order directing the respondents to drop all further proceedings in selecting the wards i.e., 1, 3, 9, 11, 13, 16, 18, and 23 in 2nd phase of Indiramma Scheme and pass such other order or orders. Counsel for the Petitioners : MR.CH.DHANAMJAYA Counsel for the Respondents : GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : ORDER : Petitioners 1 to 5 are the Ward Members of Ward Nos.19, 21, 6, 15 and 5 respectively, of Kovvur Municipality. In this writ petition, they seek a declaration by way of Mandamus, declaring the proposed action of respondents in selecting the Wards belonging to Kovvur Municipality contrary to the guidelines issued in G.O.Ms.No.52, dated 02.02.2007 and also contrary to the Circular instructions issued in ROC.No.200/06-IND, dated 03.02.2007, for the purpose of developmental activities in the 2nd phase of the scheme called ‘Indiramma Scheme’. 2. The 1st respondent/Government have issued G.O.Ms.No.52, Municipal Administration, dated 02.02.2007, directing the Municipalities to launch Phase-II of Indiramma Scheme. In the said scheme, some Wards of the Municipality are selected for the purpose of undertaking developmental activities. It is stated that as per the scheme, while selecting the Wards, the under-developed Wards are to be given preference, to extend the benefit under the scheme. For selection of Wards, District-wise Coordination Committees are constituted. In this case, it is the grievance of the petitioners that though the Wards, which they represent as Ward Members, deserve to be identified for the purpose of carrying out the developmental activities under the above said scheme, but, as they represent a particular political party, such Wards are not selected and that the Wards, which were represented by the members of the ruling party only were selected for the purpose of development under such scheme. 3. A detailed counter affidavit is filed by the Commissioner and Director of Municipal Administration. In the counter affidavit, while denying the various allegations made by the petitioner, it is stated that the District level Coordination Committee has taken into consideration all the basic infrastructural and civic amenities already existing in each Ward and compared them with other areas where development of basic infrastructural facilities are less, and thus, selected the present Wards in phase-II of Indiramma Scheme. It is categorically stated that Ward Nos.5, 6, 15, 19 and 21 are already having modern basic infrastructural facilities when compared to other Wards selected in phase- II program. Though the petitioners are contending that their Wards are not having any basic infrastructural facilities, but no particulars are furnished as to what are the existing facilities available in the said Wards in comparison to other Wards that are selected. It is categorically stated in the counter affidavit that as the basic infrastructural facilities are already available in the Wards represented by the petitioners, there is nothing wrong in selecting the Wards, which are under-developed. More over, such are the matters, which are within the administrative jurisdiction of the authorities concerned, who have to assess the existing infrastructural facilities in the Wards, and implement the developmental programs wherever required. In that view of the matter, I do not find any ground for grant of relief sought for in this writ petition. 4. For the aforesaid reasons, the writ petition is devoid of merit and it is accordingly dismissed. No order as to costs. ______________________ R. SUBHASH REDDY, J 23rd April 2009 ajr