APHC010508182024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY ,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No: 26338/2024 BETWEEN: Kanikireddy Kesavareddy and Others ...Petitioner(s) AND The State Of Ap and Others ...Respondent(s) Counsel for the Petitioner(S): 1. SAI GANGADHAR CHAMARTY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: 2 ORDER: This Writ Petition is filed under Article 226 of Constitution of India for the following relief/s:- “…pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of MANDAMUS declaring the inaction of the respondents 1 to 5 in considering the grievance No.KUR202409302733, dated 30.09.2024 filed by the petitioners herein seeking not to take-up the works under MGNREGS without sanction of the Gramapanchayat and resolutions of respondents 6 to 10 as illegal, arbitrary, capricious and violative of MGNEG Scheme and consequently direct the respondents not to take-up any work under MGNEGS without resolution of Grampanchayats with the signature of the president of the Panchayats respectively and pass such other order or orders….. 2. The petitioner’s grievance is that the Government released funds under The Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MGNREGS) (for short Act), for variety of works such as laying of road, rural sanitation, rural connectivity etc., 3. According to Section 16 (5) of the Act, at least 50% of the work must be allotted or assigned to the Gram Panchayat, however the Respondents have allocated the said work in violation of provision and the petitioners who are the Gram Panchayat Sarpanches have made a representation to the 3rd respondent-District Collector, voicing their 3 grievances regarding the failure to assign the work to the Gram Panchayats. Section 16(5) of the Act reads thus: 16. Responsibilities of the Gram Panchayats: (5) The Programme Officer shall allot at least fifty per cent of the works in terms of its cost under a Scheme to be implemented through the Gram Panchayats. 4. Initially, the Writ Petition was listed on 19.11.2024 and the learned Government Pleader has taken adjournment to obtain instructions, but, so far, not filed any instructions. 5. Due to the urgency pleaded by learned counsel for the petitioners, without going to the merits of the case, this Court intended to dispose of the Writ Petition directing the 3rd respondent-District Collector to examine the representation dated 30.09.2024 filed through “PGRS Monday”, vide Grievance No. KUR202409302733, and pass appropriate orders in accordance with law and communicate the decision to the petitioners within a period of two weeks from the date of receipt of the copy of order. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any, in this Writ Petition, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHARA RAO Date: 21.01.2025 Harin 4 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO 334 WRIT PETITION No. 26338 of 2024 Date: 21.01.2025 Harin