THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.1859 of 2003 Dated:20.01.2011 Between: K.Sreenivasulu. ...Petitioner And The Government of Andhra Pradesh, Rep.by its Commissioner for Relief & Ex-Officio Secretary to Government, Secretariat Buildings, Hyderabad, And others. ...Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.1859 of 2003 ORDER: The petitioner is the Convener of Water Users’ Committee of Parlapalli Village, Podalakur Mandal in Nellore District. He filed the instant writ petition seeking a writ of mandamus declaring the action of the respondents in not allotting the rice at Rs.5.65 ps. per kg under the Food For Work Programme (FFW) for the value of the work allotted to him as arbitrary and unreasonable. He also seeks a consequential direction to the respondents to allot the rice at a cost of Rs.5.65 ps per kg as per the orders of the Government in Memo No.43851/Rlf.Ily 2001-2003, dated 20.09.2001, for the equivalent value of the work in relation to one “improvement to the road from Podalakur-Manubolu road to Parlapalli at an estimated cost of Rs.1.00 lakh” and the second work “formation and gravelling the internal roads at New H.Wada of Parlapalli with an estimate cost of Rs.1.00 lakh” allegedly executed by him. Pursuant to the scheme of FFW programme, issued by the Government, the District Collector, Nellore, identified 124 workers and accorded administrative sanction. One such work being “improvement to the road from Podalakur-Manubolu road to Parlapalli at an estimated cost of Rs.1.00 lakh” and the second work “formation and gravelling the internal roads at New H.Wada of Parlapalli with an estimate cost of Rs.1.00 lakh” were entrusted to the petitioner in his capacity as the Convenor of Water Users Committee. The work (estimated cost of Rs.2.00 lakhs) was allegedly completed by the petitioner in the month of April 2002. According to the petitioner, the authorities are required to allocate 35,400 kgs of rice which is equivalent to the value of work done, but the respondents allocated only 24,000 kgs of rice. Therefore, the petitioner made a request to allocate the balance of rice or pay the cost of the balance of rice at Rs.5.65 per kg, in vain. Therefore, the present writ petition is filed. The question raised in this writ petition is squarely covered by the judgment of this Court in W.P.No.23196 of 2002 as well as the judgment of the Division Bench of this Court dated 17.03.2003 in W.P.No.22922 of 2002. The Division Bench in W.P.No.22922 of 2002 held that when the rice has been distributed on the basis of muster roll at the rate of 10 kg per man day per labour, the petitioner has no enforceable right. Be it noted, the said writ petition was filed by the petitioner in relation to the work ‘formation of road from Galipalem to Harizanawada at N.V.Kandriga village’. The observations made by the Division Bench are as under. The very fact that for doing the work, rice has been distributed to the labourers on muster roll basis at the rate of 10 kgs. per man day per labour under the third option as per the guidelines issued by the government, we are of the view that such like writ petitions in which the petitioner has no enforceable right. We are not inclined to entertain the writ petition under Art.226 of the Constitution of India. Following the judgment of the Division Bench, it must be held that the petitioner has no right, which can be enforced under Article 226 of the Constitution of India. Therefore, the writ petition is devoid of merit and it is accordingly dismissed. No costs. _______________ (V.V.S.RAO, J) 20.01.2011 vs