CWP Nos. 1954, 2174 and 2225 of 2009 28.7.2009 Present: Mr. Shrawan Dogra, counsel for the petitioners. Mr. R.K.Bawa, Advocate General, with Mr. J.K.Verma, Deputy Advocate General, for the State. Reply on behalf of respondents No. 1 & 2, filed in CWP No. 2225 of 209, is taken on record. “Guidelines on Member of Parliament Local Area Development Scheme (in short MPLADS), 2005” for the implementation and the release of fund and its management was in Clauses 1.1 to 4.18. As per clause 4.4 the funds released to the District Authority by the Government of India are non-lapsable and under Clause 3.4 the work and the site selected for the work execution by the Member of the Parliament shall not be changed, except with the concurrence of the Member of the Parliament concerned. Clause 3.1 provide for that all works for which recommendations are received in the office of the District Authority till the last date of term of the Member of the Parliament are to be executed, provided these are as per norms and within the entitlement of `MPLADS’ funds of the Member of the Parliament and such works cannot be changed by Member of the Parliament even if he is re-elected. It appears, the erstwhile Member of the Parliament vide D.O. No. DRS/MP-LS/3/2008-2009, dated 25.2.2009 had written to the Deputy Commissioner, Shimla for sanctioning of Rs. two lacs for the above referred link road Teen Khamba-Kurag as the amount of Rs. One crore was received by the Deputy Commissioner, Shimla through cheque, dated 25.2.2009 for distribution, under different sanctioned schemes/roads to different persons. Therefore, in order to have an allocation of funds, the present petitioner has prayed for directing to release the amount sanctioned to the erstwhile Member of the Parliament, Dr. D.R.Shandil for implementing agency Block Development Officer, Chopal for the work link road “Teen Khamba- Kurag”. In CWP No. 2174 of 2009, preferred by petitioner Kalam Singh, it has been prayed that the respondents may be directed to release the amount sanctioned vide DO No. DRS/MP-LS/3/2008-09, dated 25.2.2009 to the erstwhile Member of the Parliament, namely Dr. D.R.Shandil, through the implementing agency Block Development Officer, Rohru for the works namely (i) construction of Sarai near Devta Mandir, Pujari No. III and (ii) for construction of play ground of Government Middle School, Kadiwan forthwith. In CWP No. 2225 of 2009 the writ petitioner, Surjan Singh Thakur, has prayed that the respondents may be directed to release the amount sanctioned vide DO No. DRS/MP-LS/3/2008-09, dated 25.2.2009 to the erstwhile Member of Parliament, namely Dr. D.R.Shandil, in favour of implementing agency Block Development Officer, Rohru for the work of construction of beautification and landscaping of Mandir Parisar, Koti. The respondents had filed reply in writ all the writ petitions. However, the subsequent reply has been filed in CWP No. 2225 of 2009. The learned Advocate General, however, submitted that subsequent reply preferred in CWP No. 2225 of 2009 is to be taken as final reply and in the light of such reply, the grievance of the petitioners may be redressed. Learned Advocate General has invited the attention of this court to the affidavit, dated 25.7.2009, preferred on behalf of the Deputy Commissioner, Shimla whereby in para 13, it has been submitted that the office of the Deputy Commissioner has received a communication from the Joint Director, `MPLADS’, Ministry of Statistics & Programme Implementation, Government of India, New Delhi, who is the nodal officer for implementation of `MPLAD’ works vide which it has been conveyed that the Office of the Deputy Commissioner may take immediate necessary action to to sanction and execute the eligible works and intimate the status of recommended works to the Hon’ble former Member of Parliament. The action taken shall also be furnished to the concerned ministry by 27th July, 2009. The action is being taken at the level of the Deputy Commissioner, Shimla and the Schemes recommended by Dr. D.R.Shandil, the former Member of Parliament, vide DO letter dated 25th February, 2009. The learned Advocate General has also invited the attention of the court to the letter dated 26th June, 2009 written from the Adviser(Planning), Himachal Pradesh to the Deputy Commissioner, Shimla (Annexure R-2) and to the letter dated 6.7.2009 (Annexure R-3) from the Joint Director (MPLADS) to the Deputy Commissioner, Shimla wherein in para 3, it has been indicated that to take immediate necessary to sanction and execute the eligible works and intimate the status of recommended works to the Hon’ble former Member of Parliament. The action taken report may be furnished to the Ministry of Statistics & Programme Implementation, Sardar Patel Bhavan, New Delhi by 27th July, 2009. In view of such instructions, the cause of action does not survive and it is expected that the authorities shall disburse the amount without any further delay. In view of the above discussion all the three above mentioned writ petitions stand disposed of. All the pending applications, if any, also stand disposed of. ( R. B. Misra ), J. July 28, 2009(K) ( Kuldip Singh ), J.