IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 19471 of 2008 Between: T. Indira, W/o. Yadunandana, Jaladanki Village & Mandal, Sri Pottisriramulu, Nellore District. ..... PETITIONER AND 1 The District Collector, Sri Potti Sriramulu, Nellore District, Nellore. 2 The Executive Engineer, Panchayatraj Department, Kavali, Nellore District. 3 The Mandal Parishat Development Officer, Jaladanki Mandal, Nellore 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 a writ, order or direction particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not entrusting the work of laying/construction of C.C. Road from Velamuri Narapa Reddy house to Polisetty Kondamma house of Jaladanki Village and Mandal, Sri Potti Sriramulu Nellore District, Nellore to the habitation works committee constituted by the Jaladanki Grampanchayat committee Vide resoluction dated 26-8-2008 even though said committee was constituted as per the rules prescribed in GO Ms.No. 37 dated 18-2-2005, as illegal arbitrary volatile of Article 14, 19 & 21 of the constitution of India and issue consequential direction to the respondents to entrust the above said work to the above said habitation works committee forthwith. Counsel for the Petitioner: MR.K.RATHANGA PANI REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: The District Collector, Nellore, the ﬁrst respondent herein, issued proceedings, dated 12.08.2008 sanctioning about 39 items of works to be undertaken in various parts of the district. One of the works is of construction of C.C. road in Jaladanki Village between the houses of one Mr.Velamuri Narapa Reddy and Polisetty Kondamma and it is remitted Rs.3 lakhs. The petitioner is the Sarpanch of the village. It is stated that the Government issued instructions in G.O.Ms.No.37, Panchayatraj and Rural Development (Progs.1A) Department, dated 18.02.2005, prescribing the procedure for allotment and execution of the works to be taken up in the limits of Grampanchayat. The petitioner contends that as provided for under the G.O., the Habitation Works Committee was constituted and at its meeting held on 26.08.2008, it was decided by the Committee to entrust the work to one Sri Gadi Dasaratharamireddy, as Convener. The petitioner complains that even though nomination was done in accordance with the guidelines contained in G.O.Ms.No.37, dated 18.02.2005, respondents 2 and 3 are trying to entrust the work to private individuals of their choice. Heard learned counsel for the petitioner and learned Government Pleader for Ranchayat Raj. The District Collector had sanctioned works worth Rs.74 lakhs to Jaladanki Mandal of Nellore District. It is not in dispute that the method of execution of these works is governed by the procedure prescribed in G.O.Ms.No.37, dated 18.02.2005. There is a clear stipulation to the eﬀect that the works must be entrusted to the persons nominated by the Village Committee. Such a Committee has, in fact, been constituted and the work was entrusted to one Mr.Gadi Dasaratharamireddy. If the nomination was defective, in any manner, diﬀerent things would have ensued altogether. As long as the nomination subsists, respondents 2 and 3 cannot ignore it. Such a course would amount to violation of G.O.Ms.No.37 itself. Hence, the Writ Petition is disposed of, directing that respondents 2 and 3 shall abide by the nomination, made by the Works Committee constituted by the Grampanchayat in accordance with G.O.Ms.No.37, dated 18.02.2005. There shall be no order as to costs. ____________________ Dt.08.09.2008 L.NARASIMHA REDDY, J Note:Furnish C.C. by tomorrow. (B/o) GJ