THE HON'BLE MR. JUSTICE K.C.BHANU W.P.No.31338 of 2011 ORDER: This writ petition is filed seeking Writ of Mandamus to declare the action of the 2nd respondent in not considering and disposing of the representations of the petitioners for construction of Dhobi Khana in Balaiah Sastry Layout, Shantipuram, Visakhapatnam, as arbitrary, illegal and in violation of Articles 14, 19(1)(g) and 21 of the Constitution of India, and consequently direct the respondents to construct Dhobi Khana and provide house sites to the petitioners. It is stated in the affidavit filed in support of the petition that the 2nd petitioner herein is the President of the 1st petitioner-Rajaka Sangham, a body under the Societies Registration Act, with a total membership of 165. Petitioners 2 to 166 herein belong to Rajaka community (washermen), and come under BC-A category and are dependent on traditional avocation of washing clothes and are all residents of Balaiah Sastry Layout, Shantipuram, Visakhapatnam. Since generations, the Sangham members were using Stream (Chakali Gedda) and the appurtenant bed land for washing and drying clothes and all the members of the Sangham are contributing funds for general maintenance and upkeep of the said Gedda. Fearing a threat of dispossession from the said area, the petitioners made a representation in the year 1995 to the District Collector for construction of Dhobi Khana and also to provide house sites. Since no action was taken on the said representation, they approached the Member of Parliament for granting funds from MPLADS grant on 16.07.1998. The Member of Parliament addressed a letter, dated 16.07.1998, to the District Collector to accord administrative sanction for various works including construction of Dhobi Khana near Balaiah Sastry Layout, Ward No.30, situated at Visakhapatnam. In the said letter, the Member of Parliament had also requested for construction of retaining wall to the Gedda on the rear side of House Nos.49-23-17/1 and 14-10-4 at Lalitha Nagar, Ward No.29, and also recommended for sanction of Rs.10 lakhs for development of Dhobi Ghat at various locations in the city. Since 1998, no action was initiated on their representations and further in the Rachabanda Programme of the Government held in 2010, a sum of Rs.8 lakhs was sanctioned for construction of Dhobi Khana, but the same was not implemented till date. Hence, the writ petition. Learned counsel appearing for the petitioners contended that even though construction of Dhobi Khana was sanctioned by the Corporation, the contractor did not make any progress and, therefore, he seeks a direction to the Municipal Corporation to complete the construction of Dhobi Khana as early as possible. On the other hand, the learned Standing Counsel appearing for the 2nd respondent contended that an amount of Rs.8,55,000/- was sanctioned for the purpose of construction of Dhobi Khana and the said work was entrusted to the Contractor, after calling for tenders and that a direction may be given to take appropriate decision, in case the contractor is not making any progress in construction of Dhobi Khana. It is not in dispute that an amount of Rs.8,55,000/- was allotted by the Municipal Corporation for the purpose of construction of Dhobi Khana. It is also not in dispute that after calling for tenders, the work was entrusted to a Contractor, but there was no progress in the construction of Dhobi Khana in spite of lapse of one year. Therefore, the 2nd respondent has to take appropriate decision to entrust the work to another contractor, after calling for tenders, if there is no progress in the construction of Dhobi Khana. Accordingly, the writ petition is disposed of directing the 2nd respondent to take appropriate decision in accordance with law. In the meanwhile, the petitioners shall not be dispossessed from the property in question. No costs. __________ 28-11-2011 Prv