IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION Nos.1172, 1276 AND 1277 OF 2009 WRIT PETITION NO.1172 of 2009 Between: 1 Apparaopalem Gram Panchayat Rep. by its Sarpanch Indla Peda Ankaiah, S/o. Peda Ramanaiah Atmakur Mandal, Sri Potti Sri Ramulu, Nellore District. R/o. Apparaopalem (Vil.), Atmakur Mandal, Sri Potti Sri Ramulu, Nellore District. 2 Bandarupalli Gram Panchayat Rep. by its Sarpanch, P. Penchalamma, W/o. Penchalaiah Atmakur Mandal, Sri Potti Sri Ramulu, Nellore District. R/o. Bandarupalli (Vil.), Atmakur Mandal, Sri Potti Sri Ramulu, Nellore District. 3 Ramaswamypalli Gram Panchayat Rep. by its Sarpanch, Y.N. Mohan Reddy, S/o. Subba Reddy Atmakur Mandal, Sri Potti Sri Ramulu, Nellore District. R/o. Ramaswamypalli (Vil.), Atmakur Mandal, Sri Potti Sri Ramulu, Nellore District. ..... PETITIONERS AND 1 The Government of Andhra Pradeshy Rep. by its Secretary Panchayat Raj Department, Secretariat, Hyderabad. 2 The Government of Andhra Pradesh Rep. by its Secretary Planning Department, Secretariat, Hyderabad. 3 The District Collector Nellore Sri Potti Sri Ramulu, Nellore District. 4 The Mandal Parishad Development Officer Atmakur Mandal Atmakur, Sri Potti Sri Ramulu, Nellore District. 5 The Executive Engineer Panchayat Raj Department Nellore, Sri Potti Sri Ramulu, Nellore District. 6 The Deputy Executive Engineer Panchayat Raj Department Atmakur, Sri Potti Sri Ramulu, Nellore District. 7 The Asst. Engineer Panchayat Raj Department Atmakur, Sri Potti Sri Ramulu, Nellore District. 8 The Assistant Pay & Accounts Officer Somasila Project Dargamitta, Sri Potti Sri Ramulu, Nellore District. 9 M. Nageswari W/o. Pattabhi R/o. Apparaopalem (Vil.), Atmakur Mandal, Sri Potti Sri Ramulu, Nellore District. 10 K. Bhagyamma W/o. Subba Reddy R/o. Bandarupalli (Vil.), Atmakur Mandal, Sri Potti Sri Ramulu, Nellore District. 11 K. Bujjamma W/o. China Vengaiah R/o. Ramaswamypalli (Vil.), Atmakur Mandal, Sri Potti Sri Ramulu, Nellore District. 12 M. Masthanamma W/o. Ramaiah R/o. Bantlapalli (Vil.). H/o. Ramaswamypalli, Atmakur Mandal, Sri Potti Sri Ramulu, 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 more particularly one in the nature of Writ of Mandamus declaring the proceedings of the Executive Engineer, Panchayat Raj, Nellore in Rc.No.TO/IDP/2008, dt.2-1-2009, wherein the works mentioned in the said orders was entrusted to the respondents 9 to 12 respectively for the execution without entrusting the said works to the habitation works committees formed by the petitioners Gram Panchayats is arbitrary, illegal, in violation of G.O.Ms.No.13, Planning (Vi.) Dept., Government of A.P., dt.13-6-2008, G.O.Ms.No.37, Panchayat Raj & Rural Development (Progs.IA) Department, Government of A.P., dt.18-2-2005 and also in violation of Sections 45, 46 and 49 of the A.P. Panchayat Raj Act 1995 and also Article 243 G of the Constitution of India and consequently set aside the same and further direct the respondents 3 to 7 to entrust the said works to the habitation works committees formed by the petitioner Gram Panchayats. Counsel for the Petitioners :MR.CH.CKRISHNA REDDY Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEV. WRIT PETITION No.1276 of 2009 Between: 1 Kavali Edavalli Gram Panchayat, A.S.Peta Mandal, Sri Potti Sriramulu Nellore District, Rep by its Sarpanch M.Dhanamma, W/o. Dasaiah, aged about 38 yrs, R/o. Kavali Edavalli (Vil), A.S. Peta Mandal, Sri Potti Sriramulu Nellore District. 2 Jammavaram Gram Panchayat, A.S.Peta Mandal, Sri Potti Sriramulu Nellore District, Rep by its Sarpanch K.Sudhakar, S/o. Ankaiah, aged 30, R/o. Kakarlapadu (Vil), A.S. Peta Mandal,Sri Potti Sriramulu Nellore District. 3 Kuppurupadu Gram Panchayat, A.S.Peta Mandal, Sri Potti Sriramulu Nellore District, Rep by its Sarpanch T.Rajendra Prasad, S/o. Balaiah, aged about 43 yrs, R/o. Kuppurupadu (Vil), A.S. Peta Mandal,Sri Potti Sriramulu Nellore District. 4 Gudipadu Gram Panchayat, A.S.Peta Mandal, Sri Potti Sriramulu Nellore District, Rep by its Sarpanch C.Duggaiah, S/o. Ramaiah, aged about 40 Yrs, R/o. Gudipadu (Vil) A.S. Peta Mandal,Sri Potti Sriramulu Nellore District. 5 Rajavolu Gram Panchayat A.S.Peta Mandal, Sri Potti Sriramulu Nellore District, Rep by its Sarpanch Gollaprolu narasaiah, S/o. Venkateswarlu, aged 35 R/o. Rajavolu (vil), A.S. Peta Mandal,Sri Potti Sriramulu Nellore District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep by its Secretary, Panchayat Raj Department, Secretariat, Hyderabad. 2 The Government of Andhra Pradesh, Rep by its Secretary, Planning Department, Secretariat, Hyderabad. 3 The District Collector, Nellore, Sri Potti Sriramulu Nellore District. 4 The Mandal Praishad Development Officer, A.S.Peta Mandal, Sri Potti Sriramulu Nellore District. 5 The Executive engineer, Panchayat Raj Department, Nellore, Sri Potti Sriramulu Nellore District. 6 The Deputy Executive Engineer, Panchayat Raj Department, Atmakur, Sri Potti Sriramulu Nellore District. 7 The Asst.Engineer, Panchayat Raj Department, A.S.Peta Mandal, Sri Potti Sriramulu Nellore District. 8 The Assitant Pay and Accounts Officer, Somasila Project, Dargamitta, Sri Potti Sriramulu Nellore District. 9 Smt. A.Kamakshi W/o. Ramanaiah, Convenor, Saritha Podupu Sangam, R/o. Kavali Edavalli (vil), A.S.Peta Mandal, Sri Potti Sriramulu Nellore District. 10 Smt. G.Chennamma, W/o. Srinivasulu, Convenor, Gayatri Podupu Mahila Sangam, R/o. Jammavaram (Vil), A.S.Peta Mandal, Sri Potti Sriramulu Nellore District. 11 Smt. K.Padmamma, W/o. Venkatewarlu Convenor, Saraswathi Podupu Sangam, R/o. Kuppurupadu (Vil), A.S.Peta Mandal, Sri Potti Sriramulu Nellore District. 12 Smt. P.Asha W/o. Pattan Rahmathulla, Convenor, Vengamamba padupu Lakshmi Group, R/o. Gudipadu(vil), A.S.Peta Mandal, Sri Potti Sriramulu Nellore District. 13 Smt. N.Ragamma, W/o. Venkata Subbaiah, Convenor, Vengamamba padupu Sangam, R/o. Rajavolu (Vil), A.S.Peta Mandal, Sri Potti Sriramulu 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 more particularly one in the nature of Writ of Mandamus declaring the proceedings of the Executive Engineer, Panchayat Raj, Nellore in Rc.No.TO/IDP/2008, dt. 2-1-2009 and Rc.No.TO/IDP/2008, dt. 3-1-2009 wherein the works mentioned in the said orders was entrusted to the respondents 9 to 13 respectively for the execution without entrusting the said works to the habitation works committees formed by the petitioners Gram Panchayats is arbitrary, illegal, in violation of G.O.Ms.No.13, Planning (VI) Dept, Government of A.P., dt. 13.06.2008, G.O.Ms.No.37, Panchayat Raj & Rural Development (Progs.IA) Department, Government of A.p., dT. 18- 2-2005 and Also in violation of Sections 45, 46 and 49 of the A.P. Panchayat Raj Act 1995 and also Article 243 G of the Constitution of India and consequently set aside the same and further direct the respondents 3 to 7 to entrust the said works to the habitation works committees formed by the petitioners Gram Panchayats. Counsel for the Petitioners:MR.CH.CKRISHNA REDDY Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEV. WRIT PETITION No.1277 of 2009 Between: 1 Kanupurupalli Gram Panchayat Atmakur Mandal, Sri Potti Sriramulu Nellore District, Represented by its Sarpanch Mullamuri Penchalaiah S/o.Venkataiah R/o. Kanupurupalli (Vil) Atmakur Mandal, Sri Potti Sriramulu Nellore District. 2 Depuru Gram Panchayat Atmakur Mandal, Sri Potti Sriramulu Nellore District, Represented by its Sarpanch G.Vemaiah S/o.Ramaiah, R/o. Depuru (Vil), Atmakur Mandal, Sri Potti Sriramulu Nellore District. 3 Nagulapadu Gram Panchayat Atmakur Mandal, Sri Potti Sriramulu Nellore District, Represented by its Sarpanch B.Bhaskar S/o.Peddamalyalam, R/o. Nagulapadu (Vil), Atmakur Mandal, Sri Potti Sriramulu Nellore District. 4 Boyalla Sirivella Gram Panchayat Atmakur Mandal, Sri Potti Sriramulu Nellore District, Represented by its Sarpanch R.V.Ratnakara Reddy S/o.Venkata Subba Reddy R/o. Boyalla Sirivella (Vil), Atmakur Mandal, Sri Potti Sriramulu Nellore District. 5 Vasili Gram Panchayat Atmakur Mandal, Sri Potti Sriramulu Nellore District, Represented by its Sarpanch G.Sugunamma W/o.Padmaiah, R/o. Vasili (Vil), Atmakur Mandal, Sri Potti Sriramulu Nellore District. 6 Karatampadu Gram Panchayat Atmakur Mandal, Sri Potti Sriramulu Nellore District, Represented by its Sarpanch G.Venugopala Naidu S/o.Venkata Ramanaidu R/o. Karatampadu (Vil) Atmakur Mandal, Sri Potti Sriramulu Nellore District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, represented by its Secretary, Panchayat Raj Department, Secretariat, Hyderabad. 2 The Government of Andhra Pradesh, represented by its Secretary, Planning Department, Secretariat, Hyderabad. 3 The District Collector, Nellore, Sri Potti Sriramulu Nellore District. 4 The Mandal Parishad Development Officer, Atmakur Manda Atmakur, Sri Potti Sriramulu Nellore District. 5 The Executive Engineer, Panchayat Raj Department, Nellore, Sri Potti Sriramulu Nellore District. 6 The Deputy Executive Engineer, Panchayat Raj Dept. Atmakur, Sri Potti Sriramulu Nellore District, 7 The Assistant Engineer, Panchayat Raj Dept. Atmakur, Sri Potti Sriramulu Nellore District, 8 The Assistant Pay & Accounts Officer, Somasila Project, Dargamitta, Sri Potti Sriramulu Nellore District, 9 Smt.Rachagolla Audilakshmi W/o.Shankaraiah Pujitha Podupu Sangam, R/o.Kanupurupalli (Vil), Atmakur Mandal, Sri Potti Sriramulu Nellore District, 10 Smt.G.Saradamma W/o.Nagi Reddy Lahari SHG., R/o.Depuru (Vil) Atmakur Mandal, Sri Potti Sriramulu Nellore District, 11 Smt.A.Sudharshana W/o.Srinivasulu Lakshmi Podupu Group, R/o.Nagulapadu (Vil) Atmakur Mandal, Sri Potti Sriramulu Nellore District, 12 Smt.Kaveti Devasenamma W/o.Hazarathaiah Sonia SHG, R/o.Boyalachiruvella (Vil) Atmakur Mandal, Sri Potti Sriramulu Nellore District, 13 Smt.A.Vijaya Lakshmi W/o.Raja Gopal Indira Podupu Lakshmi Group, R/o.Boyalachiruvella (Vil) Atmakur Mandal, Sri Potti Sriramulu Nellore District, 14 Smt.M.Chenchamma W/o.Venkata Swamy Santoshimatha Podupu Lakshmi Group, R/o.Vasili (Vil) Atmakur Mandal, Sri Potti Sriramulu Nellore District, 15 Smt.Sk.Fathima W/o.Sabjan Amanulla SHG R/o.Karatampadu (Vil) Atmakur Mandal, Sri Potti Sriramulu Nellore District, 16 Smt.J.Indiramma W/o.Malakondaiah Indira Podupu Lakshmi Group R/o.Sathanupalli (Vil) Karatampadu Gram Panchayat, Atmakur Mandal, Sri Potti Sriramulu 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 more particularly one in the nature of Writ of Mandamus declaring the proceedings of the Executive Engineer, Panchayat Raj, Nellore in Rc.No.T.O/IDP/2008, dt.2.1.2009 and R.C.No.T.O/IDP/2008 dt. 3.1.2009, wherein the works mentioned in the said orders was entrusted to the respondents 9 to 16 respectively for the execution without entrusting the said works to the habitation works committees formed by the petitioners Gram Panchayats is arbitrary, illegal in violation of G.O.Ms.No.13, Planning (VI) Dept. Government of A.P., dt. 13.6.2008, G.O.Ms.No.37, Panchayat Raj & Rural Development (Progs.IA) Department, Government of A.P., dt. 18.2.2005 and also in violation of Sections 45, 46 and 49 of the A.P. Panchayat Raj Act, 1995 and also Article 243 G of the Constitution of India and consequently set aside the same and further direct the respondents 3 to 7 to entrust the said works to the habitation works committees formed by the Petitioners Gram Panchayats and pass such other order or orders. Counsel for the Petitioners:MR.CH.CKRISHNA REDDY Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : COMMON ORDER: These three writ petitions are filed by the Gram Panchayats of different villages in Nellore District, alleging that the respondents in the writ petitions have entrusted the works to different agencies, contrary to the procedure prescribed under G.O.Ms.No.37, dated 18.02.2005. It is stated that for implementation of the works under ‘Food for Work Programme’, the agency for execution of the works has to be identified by the Gram Panchayat through a resolution and the respondents have entrusted the works to different individuals and agencies, without even consulting the Gram Panchayat. Heard learned counsel for the petitioners, learned Government Pleader for Panchayat Raj and learned Standing Counsel for the Mandal Parishad. This Court would certainly have gone into the individual complaints made by the petitioners, as regards entrustment of the work, but for the fact that the works have since been executed, as per the instructions received by the learned Government Pleader. Once the execution of the work is completed, there is nothing that can be done. However, this much can be said that, in future, the respondents shall ensure that the procedure prescribed under G.O.Ms.No.37, dated 18.02.2005, particularly clause (b) thereof, is strictly followed for execution of the works under various schemes. The Writ Petitions are accordingly disposed of. There shall be no order as to costs. ________________________ L. NARASIMHA REDDY, J. Dt.30-01-2009. GJ