Gangabhavani Gramika Sangham v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.10556 OF 2012

O R D E R

This writ petition is filed for a writ of mandamus declaring the action of the respondents in entrusting works in respect of Singanamala Mandal, Anantapur District sanctioned vide proceedings dated 17.01.2012 to the 8th respondent as illegal, arbitrary and contrary to sanction order dated 17.01.2012 and also G.O.Ms.No.129, dated 09.06.2011 as amended in G.O.Ms.No.227 dated 05.08.2011 and for a consequential direction to the respondents to entrust the works as directed under sanction order. Counter affidavit is filed by the 3rd respondent stating that the State Government issued orders in G.O.Ms.No.185 PR & RD dated 20.06.2012 dispensing the system of executing the works through Work Executing Member (WEM) and that all the works shall be executed only through Gram Panchayat. The Government also cancelled the G.O.Ms.No.158 PR & RD dated 06.

07.2011, which authorises Shrama Shakthi Sangams to execute works, by way of G.O.Ms.No.197 PR & RD (RD-II) Department dated 05.07.2012. The said modifications were made in order to see that the cost of material component of projects including the wages of the skilled and semi skilled worker taken up under the scheme shall not exceed forty percent of the total project cost at the level of each Gram Panchayath as required under para 9 of schedule I of MGNREG Act. Therefore, hereafter all the works shall be executed directly by the Gram Panchayath under Section 16 of NREG Act and hence sought for dismissal of the writ petition. No reply affidavit is filed.

In view of the averments stated in the counter affidavit and by efflux of time, the cause in the writ petition does not survive for adjudication. Accordingly, the writ petition is dismissed as infructuous. No costs. As a sequel, miscellaneous petitions pending if any, shall stand closed.

____________________________ A.RAJASHEKER REDDY,J Date: 14.10.2015 dv