IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALAKRISHNA TAMADA Writ Petition Nos. 4774, 4823, 4921, 4929 & 4972 of 2008 W.P.No.4774 of 2008: Between: Tappetla Veeranna, s/o Sri Gopal, r/o Hanumanthunigadda, Mahabubabad, Warangal District. ... PETITIONER AND 1. The District Panchayat Officer, Warangal, Warangal District. 2. Mahabubabad Gram Panchayat, rep by its Panchayat Secretary, Mahabubabad, Warangal 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 may be pleased to issue writ, order or direction more particularly one in the nature of writ of mandamus, declaring the impugned proceedings in R.C.No.279/3/GPM/2007/A1, dated 19-01-2008 of second respondent as illegal, arbitrary, improper and consequently direct the respondents to permit the petitioner herein to continue the contract work pursuant to the tender dated 31-03-2007 for a period of one year with effect from 19-01-2008 and to grant such other reliefs. W.P.No.4823 of 2008: Between: Puchakayala Madhusudhan, s/o Sri Ramachander, r/o Hanumanthuni Gadda, Mahabubabad, Warangal District. ... PETITIONER AND 1. The District Panchayat Officer, Warangal, Warangal District. 2. Mahabubabad Gram Panchayat, Rep. by its Panchayat Secretary, Mahabubabad, Warangal 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 may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the impugned proceedings in R.C.No.279/1/GPM/2007/A1, dated 19-01- 2008 passed by second respondent, as illegal, arbitrary, improper unconstitutional and consequently direct the respondents to permit the petitioner herein to continue the contract work pursuant to the tender dated 31-03-2007 for a period of one year with effect from 19-01-2008 and to grant such other reliefs. W.P.No.4921 of 2008: Between: Puchakayala Ramana, s/o Sri Kashim r/o Near bank Colony, Mahabubabad, Warangal District. ... PETITIONER AND 1. The District Panchayat Officer, Warangal, Warangal District. 2. Mahabubabad Gram Panchayat, rep by its Panchayat Secretary, Mahabubabad, Warangal 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 may be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of writ of mandamus, declaring the impugned proceedings in R.C.No.279/5/GPM/2007/A1, dated 19-01- 2008 passed by second respondent as illegal, arbitrary, improper unconstitutional and consequently direct the respondents to permit the petitioner herein to continue the contract work pursuant to the tender dated 31-03-2007 for a period of one year with effect from 19-01-2008 and to grant such other reliefs. W.P..No.4929 of 2008: Between: Puchakayala Jagan, s/o Ramachander, r/o 1-2-61/2, Hanumanthuni Gadda, Mahabubabad, Warangal District. ... PETITIONER AND 1. The District Panchayat Officer, Warangal, Warangal District. 2. Mahabubabad Gram Panchayat, Rep. by its Panchayat Secretary, Mahabubabad, Warangal 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 may be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of writ of mandamus declaring the impugned proceedings in Rc.No.279/4/GPM/2007/A1, dated 19-01- 2008 passed by second respondent, as illegal, arbitrary, improper unconstitutional and consequently direct the respondents to permit the petitioner herein to continue the contract work pursuant to the tender dated 31-03-2007 for a period of one year with effect from 19-01-2008, and to grant such other reliefs. W.P.No.4972 of 2008: Between: Puchakayala Madhusudhan, s/o Sri Ramachander r/o Hanumanthuni Gadda, Mahabubabad, Warangal District. ... PETITIONER AND 1. The District Panchayat Officer, Warangal, Warangal District. 2. Mahabubabad Gram Panchayat, rep by its Panchayat Secretary, Mahabubabad, Warangal 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 may be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of writ of mandamus, declaring the impugned proceedings in R.C.No.279/2/GPM/2007/A1, dated 19-01- 2008 passed by second respondent as illegal, arbitrary, improper unconstitutional and consequently direct the respondents to permit the petitioner herein to continue the contract work pursuant to the tender dated 31-03-2007 for a period of one year with effect from 19-01-2008 and to grant such other reliefs. Counsel for the Petitioners: Mr. NAMAVARAPU RAJESWARA RAO Counsel for Respondent No.1: GP for PANCHAYAT RAJ & RURAL DEV. Counsel for Respondent No.2: Mr. G. ELISHA (SC FOR ZPPS AND MPPS, TEL REG) The Court made the following: COMMON ORDER: - As the point involved in all these writ petitions is one and the same, these petitions are disposed of by a common order. 2. A tender notification dated 28-03-2007 was issued by Gram Panchayat, Mahabubabad inviting sealed tenders for carrying out sanitation works in Mahabubabad, Warangal District. As per Clause (7) of the said tender notification, the contract is from 01-04-2007 to 31- 03-2008. However, the same did not materialize because of the pendency of some cases filed by the existing labour and ultimately on 19-01-2008, the Panchayat Secretary accorded permission to the petitioners herein and entrusted the sanitation work on contract basis for the year 2007- 08. In the said order, it is made clear that the said contract work will be in force only upto 31-03-2008. Thereafter, the unsuccessful applicants in O.A.No.2005 of 2007 approached this Court and filed W.P.Nos.3177, 3178, 3179, 3192 and 3194 of 2008. A learned Single Judge of this Court by common order dated 21-02-2008 while disposing of the said writ petitions directed the authorities, particularly, the Gram Panchayat to issue tender notification well in advance for awarding contract works for the next year i.e. from 01-04-2008 to 31-03-2009. The petitioners, who were given the sanitation works on 19-01-2008, approached this Court and filed the present writ petitions. 3. Heard Sri Namavarapu Rajeshwar Rao, learned counsel for petitioners, learned Government Pleader of Panchayat Raj and Sri G. Elisha, learned Standing Counsel for second respondent – Gram Panchayat. 4. According to petitioners though it is mentioned for one year, the actual work commenced only on 19-01-2008 and hence, they may be permitted to continue the work for a period of twelve months from the date of the said orders. I am unable to accept the same. No doubt, the tender notification is dated 28-03-2007, but the actual work orders were given only on 19-01-2008 and the petitioners also accepted the said orders, whereby it is made clear that the said orders will be in force only upto 31-03-2008. The present tender notification is issued only pursuant to the common order dated 21-02-2008 passed by this Court, hence, I see no error or illegality in issuing the said tender notification. However, if the petitioners participate in the present tender, the authorities may give preference to them in awarding the said contract works as they could not do the work for the entire period of one year from 2007-08. 5. Accordingly, all the writ petitions are disposed of at the stage of admission. _______________________________ JUSTICE GOPALAKRISHNA TAMADA Dt.31-03-2008 Note: Issue C.C. tomorrow. B/o GLV ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER Copy to: 1. The District Panchayat Officer, Warangal, Warangal District. 2. The Panchayat Secretary, Mahabubabad Gram Panchayat, Mahabubabad, Warangal District. 3. 2CCs to 4. 2CD copies Form-NIC-OGS/WP{RLD} Form-NIC-OGS/WP{MSN} Form-NIC-OGS/WP{TRT} Form-NIC-OGS/WP{MSN} Form-NIC-OGS/WP{TRT}