IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND NINE :PRESENT: THE HONOURABLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO : 16185 of 2008 Between: T. Someshwar Rao S/o.Venkateshwar Rao ..... Petitioner AND 1 The Government of A.P., Rep. by its Secretary, Panchayath Raj, A.P. Secretariat, Hyderabad. 2 The District Collector, Warangal District. 3 The Superintending Engineer, Zilla Parishad, Warangal, P.R. Circle, Warangal. 4 The Project Director (D.W.M.A) O/o Collectorate, Warangal District. 5 The Deputy Executive Engineer, P.R. Maripeda, Warangal District. 6 The Mandal Revenue Officer, Maripeda Mandal, Warangal District. 7 Mandala Parishath Development Officer, Maripeda Mandal, 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 a Writ, order or orders more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents not allotting and releasing the rice of 71.67 Metric Tons to the Labours of Maripeda Village basing on the report of the 5th respondent as illegal, arbitrary against the principles of natural justice and violative Article 14, 19 and 21 of the Constitution of India and consequently direct the respondents to allot and release rice of 71.67 Metric Tons to the Petitioner and labours of the village under the FOOD FOR WORK PROGRAMME The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and order of High Court dt.11-06-2009 mad herein and upon hearing the arguments Sri A.Raghu Rama Aurava, Advocate for the Petitioner, and of the G.P. for Panchayat Raj, for the Respondents, the Court made the following ORDER:- On 11-06-2009 this Court passed following Order : “In spite of issuing notice to the respondents on 04-08-2008, the respondents did not choose to file counter affidavit till date. In the written instructions submitted today on behalf of the 4th respondent- Project Director (D.W.M.A.), Warangal District, it is clearly stated that the work of formation of road from Maripeda to Veeraram stage via Nalla Cheruvu under Food For Work Programme, as per the sanction of the District Collector vide proceedings dated: 15-03-2002, was executed from 15-03-2002 to 21-03-2002, and the requirement for additional rice to the extent of the works executed and to the extent of works for which verification reports were received was brought to the notice of the Revenue Department, but they have not released the rice and, as such, release of rice for the works executed is held up. Contd..2.. - 2 - In the circumstances, it is appropriate for the 2nd respondent-District Collector, Warangal District to file the Counter affidavit as to the steps taken by the Revenue Department about the release of rice for the works executed by the petitioner. List the matter on 25-06-2009 for filing counter affidavit by the 2nd respondent and if by that time, counter is not filed, the 2nd respondent-District Collector, Warangal District shall appear in-person before this Court on 25-06-2009 at 10.30 A.M. When the matter was taken up on 11.06.2009, the learned Assistant Government Pleader has produced only parawise remarks but no counter- affidavit was filed. In the said parawise remarks it is stated that rice was no released even though work was executed on the ground that the District Collector, Warangal vide Rc.No.C/G2/2285/2001 dt.01.01.2004 and Rc.No. C/G2/2285/2001 dt. 26.10.2004 requested the Commissioner, Disaster Management and Ex-Officio Secretary to Government, Revenue to release the rice for the works which was sanctioned under 100% Food for work programme and that as on that date no such orders were released by the Government and therefore the rice cold not be released to the labourers. Pursuant to the orders of this Court dated 11.06.2009, the second respondent- District Collector, Warangal District filed a counter-affidavit. A perusal of the said counter-affidavit indicates that the same is repetition of what is stated in the parawise remarks. The query, which was raised as to whether any rice was released or not is not answered. This attitude of the second respondent-District Collector, Warangal District indicates his disrespect to the orders of this Court and it is a clear case of contempt. Hence, issue notice to the second respondent-District Collector, Warangal to show cause as to why contempt proceedings should not be initiated against him. Post after four weeks. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1.The Secretary, Government of A.P., Panchayath Raj, A.P. Secretariat, Hyderabad. 2.The District Collector, Warangal, Warangal District. (BY RPAD) 3.The Superintending Engineer, Zilla Parishad, Warangal, P.R. Circle, Warangal. 4.The Project Director (D.W.M.A) O/o Collectorate, Warangal Distric, Warangal. 5.The Deputy Executive Engineer, P.R. Maripeda, Warangal District. 6.The Mandal Revenue Officer, Maripeda Mandal, Warangal District. 7.The Mandala Parishath Development Officer, Maripeda Mandal, Warangal District. 8.Two CCS to G.P. for Panchayat Raj, Advocate (OPUC) 9.One CC to Sri A.Raghu Rama Aurava, Advocate (OPUC) 10.One Spare Copy TKK HIGH COURT NVRJ DATE: 25-06-2009. ORDER WP. NO. 16185 OF 2008 D I R E C T I O N DRAFTED BY TKK DT.26-06-2009. HIGH COURT NVRJ DATE: 25-06-2009. Note :- Post after four weeks. ORDER WP. NO. 16185 OF 2008 D I R E C T I O N