Telangana High Court

WP/25201/2004 of T.Lakshmi Reddy Vs The Executive Engineer(PR) (P) Divison, on 31 December 2004

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 25201 of 2004 Between: T.Lakshmi Reddy S/o Guruva Reddy R/o Lakkavaram Village, Tallur

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE N.V. RAMANA

WRIT PETITION NO : 25201 of 2004

Between:

T.Lakshmi Reddy S/o Guruva ReddyR/o Lakkavaram Village, Tallur Mandal, Prakasam District.

..... PETITIONER

AND

1 The Executive Engineer(PR) (P) Divison, Podili Village &Mandal, Prakasam District.

2 Deputy Executive Engineer P.R.RWS Sub-Division, Darsi, Prakasam District.

3 The Mandal Parishad Development Officer, Tallur Village and Mandal, Prakasam District.

4 M.Ramanaiah S/o Kotaiah

Lakkavaram Village, Tallur Mandal, Prakasam District.

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased to Issue awrit or order or direction more in the nature of Writ of Mandamus, declaring action of therespondents in issuing the impugned proceedings Rc.No.TO/1495/ASC/2004. dt.13/12/2004 entrusting the work providing 'deep bore well scheme' at Lakkavaram villagewith estimate cost of Rs. 6.30 lakhs on nomination basis with out holding the general bodymeeting of the Gram Panchayat and with out passing the resolution is arbitrary, illegal andconsequently direct the respondents to entrust the work providing deep bore well scheme atLakkavaram village with estimate cost of Rs. 6.30 lakhs on nomination basis after passingthe resolution by the Members of the Gram Panchayat in the interest of Justice.

Counsel for the Petitioner: MR.P.NAGENDRA REDDY

Counsel for the Respondent Nos. 1 to 3: GP FOR Pan.Raj. & RURAL DEV.

Counsel for the Respondent No. 4: None.

The Court at the stage of admission made the following :

HONOURABLE SRI JUSTICE N.V.RAMANA

WRIT PETITION NO.25201 OF 2004

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ORDER:

Heard both sides and with their consent, the writ petition itself is disposed of at theadmission stage.

The facts in brief are that the petitioner herein is the Vice-President of LakkavaramGrampanchayat. That the second respondent-Deputy Executive Engineersanctioned a Deep Bore Well Scheme to Lakkavaram village with an estimated costof Rs.6.30 lakhs and the said work has to be entrusted to the Village WorksCommittee. That the third respondent issued a notice fixing a date for holding thegram panchayat meeting on 14.10.2004 for passing the resolution in respect ofallotment of Deep Bore Well Scheme works, but the said meeting was not held.However, the fourth respondent, i.e.,the Sarpanch of Lakkavaram Grampanchayatfabricated a resolution dated 20.9.2004 entrusting the work to himself without theconsent of the members and that the third respondent-Mandal ParishadDevelopment Officer, without holding the meeting, attested the said resolution on3.11.2004. It is the further case of the petitioner that on recommendation from theSecond respondent-Deputy Executive Engineer, the first respondent-ExecutiveEngineer issued the impugned proceedings allotting the work of Deep Bore Well infavour of the fourth respondent on nomination basis.

The grievance of the petitioner is that the impugned proceedings entrusting the workof Deep Bore Well Scheme to the fourth respondent, without holding the GeneralBody Meeting of the Grampanchayat and without any resolution, is arbitrary andillegal.

Entrustment of any Gram panchayat works without holding General Body Meetingand without passing any resolution in respect thereto is a matter within the purviewof Gram Panchayat and the same cannot be adjudicated in a proceedings initiated under Article 226 of the Constitution of India. In that view of the matter, I see nomerits in the writ petition and the same is liable to be dismissed.

The writ petition is accordingly dismissed. No costs.

31.12.2004.

mdaa.

Copy to:

1 The Executive Engineer(PR) (P) Divison, Podili Village &Mandal, Prakasam District.Prakasam District.

2 Deputy Executive Engineer P.R.RWS Sub-Division, Darsi, Prakasam District. Prakasam District.

3 The Mandal Parishad Development Officer, Tallur Village and Mandal, Prakasam District.Mandal, Prakasam District.

4. Two C.Cs to G.P.for Panchayat Raj and Rural Development, High Court of A.P.,Hyderabab (OUT)Hyderabab (OUT)

5. Two C.D.copies.

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