IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NOS : 24188 of 2008 AND 2349 OF 2009 WRIT PETITION NO.24188 OF 2008 Between: Gram Panchayat - Pedagonnuru, Pedagonnuru Village, Mudinepalli Mandal, Krishna District, Rep. by its Sarpanch Mr.Bathula Naga Babu S/o.Sri Venkateshwar Rao ..... PETITIONER AND 1 The Mandal Parishad Development Officer, Mandal Parishad, Mudinepalli Mandal, Mudinepalli, Krishna District. 2 The Chief Executive Officer, Zilla Parishad, Mudinepalli, Krishna 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 issue an order direction or writ particularly one in the nature of writ of Mandamus or any other appropriate writ declaring that the Mandal Parishad Development Officer, Mandal Parishad, Mudinepalli, Krishna District has not power or authority to issue notice in RC No.A/48/08 dated 14.3.2008 and set aside the same and pass such order or orders in the interest of justice. Counsel for the Petitioner:MR.G.VIDYASAGAR Counsel for the respondent No.1:MR M.PRABHAKAR RAO Counsel for respondent No.2: GP FOR PANCHAYAT RAJ & RURAL DEV. WRIT PETITION NO : 2349 of 2009 Between: Gram Panchayat - Pedagonnuru Pedagonnuru Village, Mudinepalli Mandal, Krishna District, represented by its Sarpanch Mr.Bathula Naga Babu S/o. Sri VenkateshwarRao, Aged about 26 years. ..... PETITIONER AND 1 The Mandal Parishad Development Officer, Mandal Parishad, Mudinepalli Mandal, Mudinepalli, Krishna District. 2 The Divisional Panchayat Officer, Gudivada, Krishna District. 3 The Extension Officer, Panchayat Raj & Rural Development, Mudinepalli Mandal, Krishna 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 issue an order direction or writ particularly one in the nature of Writ of Mandamus or any other appropriate writ declaring the action of the Extension Officer, Panchayat Raj & Rural Development, Mudinepalli Mandal, Krishna District in interfering with the development activity of the Drinking Water tank of Pedagonnur Village, Mudinepalli Mandal, Krishna District as illegal, arbitrary and unjust and consequently direct the respondents not to take action in pursuance of the urgent notice dated 31.1.2009 issued by the Extension Officer, Panchayat Raj & Rural Development, Mudinepalli Mandal, Krishna District and pass. Counsel for the Petitioner:MR.G.VIDYASAGAR Counsel for the respondent No.1: MR.M.PRABHAKAR RAO Counsel for respondents 2 and 3: G.P FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT The Court made the following : COMMON ORDER: These two writ petitions arise out of the same context. Hence, they are disposed of through a common order. The petitioner is the Gram Panchayat of Pedagonnuru Village. The petitioner states that the drinking water tank of the village has been substantially silted and it has become necessary to remove the silt and increase the capacity of the tank. It feels aggrieved by the action of the respondents in interfering with the said activity. Sri G.Vidyasagar, learned counsel for the petitioner, submits that the concerned agencies of the Government have allocated funds for carrying out the work and acting on the baseless complaints, the respondents are stalling the work. Learned Government Pleader for Panchayat Raj and learned Standing Counsel for the Mandal Parishad, on the other hand, submit that in the name of developing the drinking water tank, the Gram Panchayat is resorting to sale of the mud as well as the water. Normally, the works of this nature are sanctioned by the Panchayat Raj Department after conducting detailed survey. The manner in which the proposed work was sanctioned is not immediate before this Court, except in the form of a resolution passed by the Gram Panchayat. In the light of the allegations and counter-allegations about the work, it is better that the entire matter is examined by the Executive Engineer of the Panchayat Raj Department. Depending on his findings, both as regards feasibility and nature of execution, the further steps can be taken. This exercise has to be completed before the expiry of summer season. Hence, the writ petitions are disposed of, directing that (1) the District Panchayat Officer, Krishna District shall depute the Executive Engineer of the Panchayat Raj Department to inspect the tank, in question, and submit a report as to- (a) the necessity of undertaking developments and (b) the manner of execution of the works, if the development is needed. (2) On receiving such information, the District Panchayat Officer shall pass appropriate orders as regards the execution of such work, including the allocation of funds or spending of funds. This exercise shall be completed before 30th March, 2009. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J Dated 25th February, 2009 Note: 1. Registry shall mark a copy of this order to the District Panchayat Officer, Krishna District. 2. Furnish C.C in three (3) days vrn