THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION NO.28908 OF 2008 27th October, 2010. Between: MOHD.JABEER AHMED .. PETITIONER AND THE COMMISSIONER OF BHAINSA MUNICIPALITY, ADILABAD AND OTHERS .. RESPONDENTS THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION NO.28908 OF 2008 O R D E R: (PER THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU) For implementation of a New Plan Scheme called “Integrated Development of Internal C.C. Roads and C.C. drainages/underground drainage with PVC pipes in the villages of all rural mandals of the State” launched vide G.O.Ms.No.13, dated 13.06.2008, the government has empowered the incharge Minister of the District to exercise choice to recommend/sanction works under the scheme. The said guidelines came to be extended to the Urban Local Bodies as well vide G.O.Rt.No.880, dated 18.6.2008 which is questioned to the extent of entrustment of the power to the Minister. G.O.Rt.No.926, dated 28-6-2008 which has the effect of substituting the words ‘internal roads’ by the words ‘both internal roads & drains” is also challenged on the ground that the impugned orders have the effect of depriving the ward members of consultation in identification of works sanctioned/recommended for execution. It needs to be noticed that earlier also the power was not with a body of persons but with a single person that is the District Collector and now this power stands withdrawn from the District Collector and is conferred upon the incharge Minister, a representative of the people. In our opinion, change of entrustment of power from the District Collector to the incharge Minister is by no stretch of imagination against the public interest. Dismissed. (VILAS V.AFZULPURKAR,J) (NISAR AHMAD KAKRU, CJ) 27th October, 2010. Nagesh babu THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION NO.28908 OF 2008 O R D E R: (PER THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU) 27th October, 2010.