Kakani Haribabu v. The State Of Andhra Pradesh Rep. By Its Commissioner,

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.25561 OF 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking a Writ of Mandamus declaring the action of the respondents for not allotting the works of Neeru-Chettu of Chinna Upparagunta, Subbareddygunta, Thimmadigunta and Turpupattikatta gunta etc., under the NREG Scheme to the local job holders under National Rural Employment Guarantee Scheme (NREGS), as illegal, arbitrary and consequently set aside the same. Heard the learned counsel for the petitioners, the learned Government Pleader for Panchayat Raj and Rural Development (AP), learned Government Pleader for Irrigation (AP) and Sri G.Seshadri, learned Standing Counsel for sixth respondent-Gram Panchayat.

The petitioners are local job holders under NREG Scheme. Some works were allotted to Chinna Upparagunta, Subbareddygunta, Thimmadigunta, Turpupattikattagunta etc., under Neeru-Chettu programme. The contention of the learned counsel for petitioners is that instead of giving preference to the contractors, the fourth respondent ought to have allotted the works to the local job holders by following the procedure contemplated under the Scheme. The learned Assistant Government Pleader submitted that the Government is entrusting the works under Neeru-Chettu Programme to issue qualified contractors, if the value of the work is more than Rs.10,00,000/- by way of E-Tenders. He further submitted that if the value of work is less than Rs.10,00,000/-, the same will be entrusted to Water Users Association of that particular village or Janmabhumi or Mavuri Committee.

The only relief sought by the petitioners is to consider their representation dated 04.07.2016 by the second respondent. In view of the submissions made by learned counsel for both parties, this Court is not inclined to go into the controversial issues. Having regard to the facts and circumstances of the case, the second respondent is hereby directed to dispose of the representation of the petitioners dated 04.07.2016 in accordance with law, as expeditiously as possible, preferably within a period of two (2) months from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

________________________ T.SUNIL CHOWDARY, J Date: 01.08.2016 Ivd