Scheduled Castes Welfare Society v. The District Collector,

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI Writ Petition No.11830 of 2012 ORDER:

This writ petition is filed seeking the following relief/s: '.....to issue an appropriate Writ, order or direction, particularly a Writ of mandamus, directing the respondents to release the rice due under the agreement dated 07.10.2002 by declaring the action of the respondents in not releasing the rice due to the Petitioner Society for the work executed by them under the agreement dated 07.10.2002 as illegal or arbitrary and unconstitutional.'

I have heard the submissions of the learned counsel for the petitioner-society, the learned Government Pleader for Panchayat Raj appearing for the respondents 2 and 3 and the learned Government Pleader for Revenue appearing for the respondents 1, 4 and 5. I have perused the material record.

The case of the petitioner-society is this:

The petitioner society had entered into an agreement with the 2nd respondent on 07.10.2002 for forming and gravelling the road, from Madavaram ZP High School to fields, at the estimated cost of Rs.1,50,000/- on nomination basis. The 2nd respondent had informed the petitioner that as per the Government instructions, 10 Kgs of rice would be provided to each labourer under labour component. The work was allotted under the matching grant viz., 30% cash and 70% rice to the labour.

The petitioner-society had completed the work within the stipulated time and the completion of the work has been recorded in the measurement book in accordance with the procedure. An amount of Rs.45,000/- was paid to the petitioner-society representing 30% of the cash grant after deducting the Income Tax, insurance etcetera.

However, in respect of 70% component viz., rice to the labour, the respondents have not cleared the same. Though a request was made to the respondents for release of the rice, the same has not been released so far. Feeling aggrieved, the present writ petition is filed. At the hearing, the learned counsel for the parties would submit that the subject matter of the present petition is squarely covered by the subject matter in W.P.No.17737 of 2012 and that, therefore, an order similar to the one that was passed in the aforementioned writ petition be passed in this writ petition to meet the ends of justice. As it is stated that the issue involved in this writ petition is squarely covered by the order dated 30.10.2015, the writ petition is allowed directing the respondents to release the rice or pay the value of the same to the writ petitioner-society as per the conditions of the agreement dated 07.10.2002 within a period of eight (08) weeks from the date of the receipt of a copy of this order. No costs. Miscellaneous petitions, pending if any, in the writ petition shall stand closed.

__________________ M. SEETHARAMA MURTI, J 07.01.2016 Vjl