THE HONOURABLE SRI JUSTICE V. ESWARAIAH WRIT PETITION No.4995 OF 2006 Dated: 14-03-2006 Between G. Appala Naidu, S/o. Appalaswamy Naidu, R/o. Vengapuram, Balajipeta Mandal, Vizianagaram District. …PETITIONER AND The Executive Engineer, Panchayat Raj, Vizianagaram, Vizianagaram District and others. …RESPONDENTS ORDER: Petitioner seeks a Writ of Mandamus to declare the proceedings No.Rc.No.40/03/F1 dated 30.01.2006 issued by the first respondent as illegal and arbitrary. Learned counsel for the petitioner submits that the petitioner entered into agreements i.e. Agreement No.23/99-2000 dated 23.06.1999 and Agreement No.9/98-1999 dated 27.11.1998 in respect of two works i.e. R/F Cheepurpalli – Arthamuru Via Parla and Providing BT to R/F Vizianagaram-Palakonda Road, Merkamudidam via Bheemavaram, G. Marrivalasa, Somalingapuram both NABARD grants worth Rs.32.50 Lakhs and Rs.64.00 Lakhs respectively and executed the said works strictly in conformity with the specified conditions and completed the same on 08.12.1999 and final bill was also paid. Thereafter, the Advisor, Quality Control, Government of Andhra Pradesh inspected the said works and noticed certain deficiencies on the works sanctioned under NABARD grants and basing on the same the Chief Engineer, P.R. (Vigilance & Quality Control), Hyderabad and the Chief Engineer (WBP) APERP, PR, Hyderabad inspected the works and proposed recoveries of an amount of Rs.4,67,764/- in respect of the first work and an amount of Rs.3,45,036/- in respect of the second work by the impugned proceedings of the first respondent. The impugned order has been passed directing the petitioner to pay the said amounts within a week without giving any notice and without giving any reasonable opportunity. Having regard to the facts and circumstances of the case, the impugned order is set aside only on the ground that the said order is against the principles of natural justice and the writ petition is accordingly allowed keeping it open for the respondents to issue a notice and then pass appropriate orders after giving reasonable opportunity to the petitioner. ______________ V. ESWARAIAH, J March 14, 2006 DSK