THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.1861 of 2011 Dated 02nd February, 2011 Between: Chava Rama Krishna …Petitioner And The State of Andhra Pradesh rep.by its Principal Secretary for Panchayat Raj/In Charge of PMGSY (Pradhan Mantri Gram Sadak Yojana) Secretariat, Hyderabad and others …Respondents Counsel for the petitioner: Sri Rama Rao Vudathaneni Counsel for respondents: AGP for Panchayat Raj The Court made the following: ORDER: This writ petition is filed for a mandamus to declare the action of the respondents in not following the instructions in Circular No.P- 17025/11/10-RC, dated 11.03.2010, and D.O.No.P-17025/11/2010- RC, dated 21.04.2010, of the Ministry of Rural Development, Government of India, as illegal and arbitrary and violative of the Principles of Natural justice. I have heard Sri Rama Rao Vudathaneni, learned counsel for the petitioner, and perused the record. Petitioner No.1 claims to be a Member of Zilla Parishad Territorial Constituency of Khammam District. Petitioner Nos.3 and 4 are Sarpanchs of Chegomma Village, Kusumanchi Mandal, Khammam District. In this writ petition, they questioned the action of the respondents in not following the guidelines issued by the Ministry of Rural Development, Government of India with regard to observance of protocol in connection with laying of foundation stones or inauguration of road works undertaken under Pradhan Mantri Gram Sadak Yojana (PMGSY). The grievance of the petitioners is that while the respondents have been inviting the elected representatives belonging to the ruling party, they are ignoring the opposition leaders despite the guidelines issued by the Government of India in the above-mentioned Circulars. It is not the pleaded case of the petitioners that the Circulars referred to above were issued by the Ministry of Rural Development, Government of India in exercise of any statutory powers. In the absence of such a plea, it is presumable that these Circulars were issued as a part of executive instructions. The law is well settled that the executive instructions are not enforceable through a Court of law (see J.R.Raghupathy v. State of Andhra Pradesh[1]. Therefore, no mandamus can be issued to the respondents to follow the Circulars referred to above. If the petitioners have any grievance on non- implementation of the Circulars, they shall be free to approach the competent authority seeking their enforcement. The judgment in Ramana Dayaram Shetty v. The International Airport Authority of India and others[2], on which reliance has been placed by the learned counsel for the petitioner, has no application to the facts of the present case, because the observations made by the Apex Court in the said judgment are in the context of award of contract by the State and its instrumentalities. For the above-mentioned reasons, the writ petition fails and is accordingly dismissed. As a sequel to dismissal of the writ petition, W.P.M.P.No.2279 of 2011 filed by the petitioners for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 02nd February, 2011 VGB [1] AIR 1988 SC 1681 [2] AIR 1979 SC 1628