IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION Nos.3859 & 3862 of 2008 WRIT PETITION Nos.3859 of 2008 Between: Gowravaram Gram panchayat, Anantha Sagaram Mandal Nellore district,rep.by its Sarpanch G.Bujanga Rao, R/o.Gowravaram , Ananthasagaram Mandal nellore District ..... PETITIONER AND 1 The Government of AP., rep.by its Secretary, Panchayat Raj Department, Secretariat, Hyderabad 2 The Mandal Parishad Development officer, Sangam Mandal Nellore District 3 The Executive Engineer, Panchayat Raj Department Kavali, Nellore District 4 Users Group Committee, Gowravaram, AnathasagaRAM Mandal, Nellore district, rep.by its Convenor, N.Venkata Subbaiah, S/o.Not known R/o.Gowravaram, Ananthasagaram Mandal, Nellore 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 to issue a writ or direction or order more particularly one in the nature of writ of mandamus declaring the proceedings of the 3rd respondent dated 22.1.2008 in Rc.No.TO/RRM/2007-08 issued in favour of the 4th respondent for executing the work ie. "Maintenance of the road from Gowravaram to Kethigunta Kothagunta Road" in Gowravaram gram panchayat Ananthasagaram Mandal,Nellore District on nomination basis as illegal, arbitrary, unjust and in violation of Articles 14 and 243-G of Constitution of India and section 45,.46,and 49 of the Panchayat Raj Act, 1994 and G.O.Ms.No.37 Panchayat Raj and Rural Development Department dated 18.2.2005 and the resolution of the petitioner panchayat date 12.12.2007 and the Judgment of this Hon`ble court in WP.No.9215/2007 and batch dated 27.7.3007 and consequently direct the respondents 2 and 3 to issue workorder for the above said work to the Habitation Works Committee formed by the petitioner panchayat duly setting aside the above said proceedings of the 3rd respondent dated 22.1.2008 and pass Counsel for the Petitioner:MR.M.VENKATA NARAYANA Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. Form-NIC-OGS/WP{TRK} WRIT PETITION Nos.3862 of 2008 Between: Bommavaram Gram Panchayat, Anantha Sagaram Mandal, Nellore dt., Rep by its Sarpanch, Smt.Lingamsetty Jayamma, W/o. Jayaramulu,aged 38 R/o.Bommavaram, Ananthasagaram Mandal, Nellore Dist., ..... PETITIONER AND 1 The Govt., of A.P., rep by its Secretary, Panchayat Raj Department, Secretariat, Hyderabad. 2 The Mandal Parishad Development officer, Sangal Mandal, Nellore District, 3 The Executive Engineer, Panchayat Raj department, Kavali, Nellore Dist., 4 Sri Venkateswara Podupu Lakshmi Group, Bommavaram, Anathasagaram Mandal, Nellore dt., rep by its Group Leader, Smt.K.Sri Lakshmi, W/o. not known, R/o..Bommavaram, Anantha sagaram Mandal, Nellore Dist., .....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 to issue a writ or direction or order, more particularly one in the nature of Writ of Mandamus declaring the proceedings of the 3rd respondent dated 3-1-2008 in Rc.No.TO/FDR/2007 issued in favour of the 4th respondent for executing the "Flood damage repairs to the road from A.G.Road to Chunchuluru via Vaddepalem" in Bommavaram gram panchayat, Anantha sagaram Mandal, Nellore dt on nomination basis as illegal, arbitrary,unjust and in violation of Articles 14 and 243-G of Constitution of India and Sections 45, 46 and 49 of the Panchyat Raj Act, 1994 and G.O.M.No.37, Panchayat Raj and Rural Development Departmnet dated 18-2-2005 and the resolution of the petitioner panchayat dated 26-12-2007 and consequently, direct the respondents 2 and 3 to issue work order for the above said work to the Habitation Works Committee formed by the petitioner panchayat duly setting aside the above said proceedings of the 3rd respondent dated 3-1-2008 and pass Counsel for the Petitioner:MR.M.VENKATA NARAYANA Counsel for the Respondent No.: CH.VEDAVANI(SC FOR MPP AND ZPP,RAYALASEEMA) The Court made the following: Form-NIC-OGS/WP{LS} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.3859 & 3862 of 2008 COMMON ORDER: None appears for the petitioners. Ch.Vedavani, learned Standing Counsel for Mandal Praja Parishad, Rayalaseema, submits that the cause in these two writ petitions does not survive and the writ petitions have become infructuous. In view of the above, these two Writ Petitions are dismissed as infructuous. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 05.06.2009 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Government of AP., rep.by its Secretary, Panchayat Raj Department, Secretariat, Hyderabad 2 The Mandal Parishad Development officer, Sangam Mandal Nellore District 3 The Executive Engineer, Panchayat Raj Department Kavali, Nellore District 4. 2CCs to 5. 2CD copies