IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHT DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No.26140 of 2009 Between: Nekkanti Nageswara Rao, S/o.Suryanarayana Chowdary ..... PETITIONER AND The Government of Andhra Pradesh, represented by its Principle Secretary, Panchayat Raj & Rural Development Department, Secretariat, Hyderabad and others ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.26140 OF 2009 ORDER: Learned Assistant Government Pleader for Panchayat Raj had taken notice on 02.12.2009 and requested time to get instructions. 2. The matter is coming up for admission. 3. Sri N. Ravi Prasad, learned counsel representing the writ petitioner had taken this Court through the contents of the affidavit filed in support of the writ petition and would maintain that since the facts are not in controversy at all the writ petition to be allowed. 4. Learned Assistant Government Pleader for Panchayat Raj also would maintain that it is no doubt true that the petitioner is entitled to the Incentive Amount in the light of the fact that the said election was a unanimous election. 5. Heard the counsel. 6. The writ petition is filed for a writ of mandamus declaring the inaction of respondent Nos.1 and 2 in not releasing the Incentive Amount of Rs.5,00,000/-, declared to encourage unanimous elections to the post of Sarpanch and Members of Gram Panchayats vide several proceedings including G.O.Rt.No.1765, dated 25.11.2008 of respondent No.1-department, though the petitioner is unanimously elected as Sarpanch of Tamarapalli Gram Panchayat, in the elections held in the year 2006, inspite the recommendations made by respondent No.4- District Collector vide Roc.No.5900/08-A2, dated 26.12.2008 as illegal, arbitrary, unconstitutional and consequently to direct respondent Nos.1 and 2 to release the Incentive Award amount of Rs.5,00,000/- in the name of Tamarapalli Gram Panchayat forthwith pursuant to the above Government Order and pass such other suitable orders. 7. Several facts had been narrated in detail in the affidavit filed in support of the writ petition. 8. It is stated that the petitioner was unanimously elected as Sarpanch of Tamarapalli Gram Panchayat, K. Gangavaram Mandal, East Godavari District, in the elections held in the month of August, 2006. Respondent No.1-Government of Andhra Pradesh announced Incentive Award for those Gram Panchayats, which elected their Sarpanch/Members unanimously. In case of minor Gram Panchayat, having population up to 15,000 Incentive Award will be given at Rs.5,00,000/- and for those Gram Panchayats whose population is above 15,000 the Incentive Award is Rs.15,00,000/-. The Incentive Award amount shall be spent for creation of permanent assets to the Gram Panchayats only. It is stated that Tamarapalli Gram Panchayat falls in the first category and they are entitled for Incentive Award amount of Rs.5,00,000/-. 9. It is further stated that respondent No.5-Divisional Panchayat Officer, while submitting the list of unanimously elected Gram Panchayats in Rajahmundry division to respondent No.4-District Collector/DPO, unfortunately not included Tamarapalli Gram Panchayat in the list for receiving the Incentive Award amount. They approached all the concerned authorities for considering their case for releasing the Incentive Award amount. On their representation respondent No.4- District Collector/DPO, made a recommendation to respondent No.2- Commissioner vide proceedings in Roc.No.5900/08-A2, dated 26.12.2008, explaining the above unfortunate event of not including Tamarapalli Gram Panchayat in the list and requested to release the Incentive Award on par with other unanimously elected Gram Panchayats. The other Gram Panchayats were given the Incentive Award and they were properly utilized. Because of the inaction of respondent Nos.1 and 2, amounts were not released to their Gram Panchayat and they were not benefited, because of their mistake. 10. It is also stated that inspite of the recommendation made by respondent No.4-District Collector/DPO, no action had been taken by respondent No.2-Commissioner, though their Tamarapalli Gram Panchayat is entitled for the Incentive Award announced by respondent No.1-Government. In fact, with the above Incentive Award amount they have decided to construct a permanent building for their Gram Panchayat to facilitate the inmates of the Gram Panchayat for proper utilization. Their tenure in the office is also coming to an end within 20 months. All these years, they were hopeful that the respondents would release the Award amount, which they are entitled for as per the Government Orders. The inaction of respondent Nos.1 and 2 in not releasing the incentive amount of Rs.5,00,000/-, declared to encourage unanimous elections to the post of Sarpanch and Members of Gram Panchayats vide several proceedings including G.O.Rt.No.1765, dated 25.11.2008 of respondent No.1-Department, though the petitioner is unanimously elected as Sarpanch of Tamarapalli Gram Panchayat, in the elections held in the year 2006, inspite the recommendations made by respondent No.4-District Collector vide Roc.No.5900/08-A2, dated 26.12.2008 is illegal, arbitrary and unconstitutional. In such circumstances, the writ petitioner approached this Court praying for appropriate directions. 11. In the light of the facts and circumstances explained, respondent Nos.1 and 2 are directed to look into the grievance of the petitioner and take appropriate action in this regard, within a period of eight weeks from the date of receipt of a copy of this order. 12. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. ___________________ P.S. NARAYANA, J December 08, 2009 MD