IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWELFTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 246 of 2009 Between: 1 Kavali Yadavalli Gram Panchayat, Anuma Samudrampet Mandal, Nellore District, Rep by its President Muppuri Danamma, 2 Anumasamudram Gram Panchayat, Anuma Samudrampet Mandal, Nellore District, Rep by its President Pamuri Sulochanamma 3 Jammavaram Gram Panchayat, Anuma Samudrampet Mandal, Nellore District, Rep by its President Kappala Sudhakar, 4 Kupparapadu Gram Panchyat, Anuma Samudrampet Mandal, Nellore District, Rep by its President Tallapaneni Rajendra Prasad. 5 Gudupadu Gram Panchayat, Anuma Samudrampet Mandal, Nellore District, Rep by its President Challamcherla Duggaiah 6 Rajavolu Gram Panchayat, Anuma Samudrampet Mandal, Nellore District, Rep by its President Gollaprolu Narasaiah 7 Anumasamudrampeta Gram Panchayat, Anuma Samudrampet Mandal, Nellore District, Rep by its President Pathan Kadar Basha ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep by its Secretary Panchayat Raj Department, Secretariat, Hyderabad. 2 The District Collector, Nellore, Sri Potti Srirmulu Nellore District. 3 The Mandal Parishad Development Officer, Anumasamudrampeta Mandal, Sri Potti Sriramulu Nellore District. 4 The Executive Engineer, Panchayatraj Department, nellore, Sri Potti Srramulu 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 an order or direction or writ more particularly one in the nature of writ of Mandamus or any other appropriate writ declaring the inaction of the respondents 3 and to entrust the works sanctioned by the 2nd respondent in the petitioners Gram Panchayats to the Habitation Works Committee formed by the petitioners Gram Panchayats as illegal, arbitrary and in violation of Articles 14 and 243 G r/w Schedule XI of the Constitution of India and G.O.Ms.No.37 dated 18- 2-2005 and G.O.Ms.No.13 dated 13.06.2008 and also Sections 45, 46 and 49 of the Andhra Pradesh Panchayat Raj Act, 1994 and consequently direct the respondents 3 and 4 to entrust the works in the petitioners Gram panchayats to the Habitation Works Committees formed by the petitioners in their respective Gram panchayats and pass Counsel for the Petitioners: MR.PRABHU NATH VASIREDDY Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : ORDER: It is stated that the Government of Andhra Pradesh launched 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. The District Collector, Nellore, the second respondent herein issued proceedings dated 31.12.2008 sanctioning about 41 works in Anuma Samudrampeta Mandal with an estimated cost of Rs.90 lakhs.. The petitioners are various Grampanchayats in Anuma Samudrampeta Mandal. It is stated that the Government issued instructions in G.O.Ms.No.37, Panchayat Raj 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 Grampanchayats. The petitioners contend that, as provided for under the G.O., the Habitation Works Committees were constituted, and at the meetings of the Grampanchayats, it was decided by the Committees to entrust the works to the Habitation Works Committees. The petitioners complain that even though nomination was done, in accordance with the guidelines contained in G.O.Ms.No.37, dated 18.02.2005, respondents 3 and 4 are trying to entrust the work to private individuals of their choice. Heard learned counsel for the petitioners and learned Government Pleader for Panchayat Raj. The District Collector had sanctioned 41 works worth Rs.90 lakhs to Anuma Samudrampeta 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 Committees. Such Committees, in fact, have been constituted and the works’ were proposed to be entrusted to the committees, constituted by the Grampanchayat. If the nomination was defective, in any manner, different things would have ensued altogether. As long as the nomination subsists, respondents 3 and 4 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 respondents 3 and 4 to abide by the nomination made by the Works Committee constituted by the Gram Panchayat in accordance with G.O.Ms.No.37, dated 18.02.2005. There shall be no order as to costs. __________________ (V. ESWARAIAH, J.) 12th January, 2009 Js.