IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 20278 of 2008 Between: Rapolu Kasivisweswara Rao, S/o.Appa Rao, 40 years, Sarpanch, Konala Panchayat, Tanuku Mandal, West Godavari District. ..... PETITIONER AND 1 Government of Andhra Pradesh, rep. by its Principal Secretary, Panchayat & Rural Development, Secretariat Buildings, Hyderabad. 2 Executive Engineer, Panchayat Raj Department, Eluru, West Godavari District. 3 Dy. Executive Engineer, Panchayat Raj Department, Sub-Division at Tanuku, West Godavari District. 4 Mandal Praja Parishad Development Officer, Mandal Praja Parishad, Tanuku, 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 writ, order or direction, more particularly one in the nature of writ of Mandamus declaring the action of the respondent No.4 in issuing Proceedings No.A/189/2008 dt. 20.06.2008 constituting the works committee for the works sanctioned in Konala Village, Tanuku Mandal, West Godavari District under ACDP Scheme ignoring the resolution of the Gram Panchayat dt. 30.05.2008 as illegal, arbitrary and contrary to the G.O.Ms.No.37, dt. 18.02.2005 and set-aside the same consequently directing the respondents to drop further proceedings pursuant to the impugned order and pass orders and pass any other order or orders. Counsel for the Petitioner: MR.T.V.S.PRABHAKARA RAO Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN Writ Petition No. 20278 of 2008 Order: The grievance of the petitioner in this writ petition is that, constitution of a works committee for the works sanctioned in Konala village, Tanuku Mandal, West Godavari District, is contrary to G.O. Ms. No. 37 dated 18.02.2005, whereunder the Sarpanch is also required to be a part of the said committee. This fact is not disputed by the respondents. Their case, however, is that the Deputy Executive Engineer had addressed a letter to the Gram Panchayat dated 26.05.2008 for constitution of a works committee to execute the works and, since the Gram Panchayat had not responded, and had failed to constitute the said committee, a fresh committee was constituted by them. Sri TVS Prabhakara Rao, learned counsel for the petitioner, would draw attention of this Court to a resolution of the Grampanchayat dated 30.05.2008, whereunder a works committee was, indeed, constituted. The question, however, is whether the said resolution was communicated to the respondents herein. Learned Government Pleader for Panchayat Raj, on instructions, submits that the work in question has already been completed in September 2008 and that half of the amount payable has already been released in favour of the Committee. Since the work has already been completed, the question raised in the writ petition becomes academic. The cause in the writ petition does not, therefore, necessitate adjudication. The writ petition fails and is, accordingly, dismissed. No costs. __________________________ RAMESH RANGANATHAN, J. Date: 24.11.2008 Nsr