APHC010535752024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330]

(Special Original Jurisdiction)

WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No: 28172/2024 BETWEEN:

The Lakshmipuram Gram Panchayat and others ...Petitioner(S)

AND The Union Of India and others ...Respondent(s)

Counsel for the Petitioner(S):

1. KALANGI SUMALATHA Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV

2. GP FOR REVENUE

3. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra

4. A RAVINDRA BABU (CENTRAL GOVT COUNSEL)

The Court made the following:

THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.28172 of 2024 ORDER:

The present Writ Petition is filed under Article 226 of Constitution of India for the following relief/s:

….pleased to issue a writ of mandamus or any other appropriate writ or direction declaring 1) the action of the respondents No.3 to 10 in entrusting the Works for execution in the Petitioners’ Gram Panchayats to the respondents No.11 to 15 in the name of “vendors” is arbitrary, illegal, contrary to the MGNREG Act and A.P. Panchayat Raj Act and Rules made there under and one without jurisdiction and 2) the Rc.No.25/B/E.G.S./2022 dated 24.10.2024 MGNREGS Mandal Parishad, Regidi Amadalavalasa issued by 10^th respondent requesting the 6^th respondent for registration of Vendors List for execution of works of MGNREGS Convergence works including Proposals List 2024-25 in so far as petitioner Gram Panchayats to the respondent No.11 to 15 as arbitrary, illegal, in contravention of the provisions of the MGNREG Act and A.P. Panchayat Raj Act and Rules made thereunder and one without jurisdiction and consequently direct the respondents No.3 to 10 to entrust the MGNREGS Convergence works in so far as the petitioner Gram Panchayats to the Petitioner Gram Panchayats only for execution by strictly adhering to the provisions of the MGNREG Act and the A.P. Panchayat Raj Act and Rules made there under and pass such other or further orders…..

2. The present Writ Petition is filed to declare the action of the respondent Nos.3 to 10 in entrusting works in the petitioner’s Grampanchayats to respondent Nos.11 to 15 in the name of “vendors” as arbitrary, illegal and contrary to Sub Section (5) of Section 16 of the MGNREG Act and A.P. Panchayat Raj Act and Rules made there under.

3. The respondents have filed their counter affidavit stating that the works were identified as per the guidelines of the Mahatmagandhi National Rural Employment Guarantee Scheme (MGNREGS Act) and the vendors registered as recommended by the Mandal Development Officer, Regadi Amudalavalasa vide Rc.No.25/B/EGS/2022 dated 24.10.2024 by the 10^th respondent and the deponent-the Commissioner, Panchayat Raj and Rural Development Department, Tadepally, Guntur, has acted as per the instructions issued vide circular No.1309/EGS/DEE(T) Migration to NREGA Soft/2021, dated 01.03.2022 and these registered vendors are for supply of materials only.

4. Learned counsel for the petitioner submit that the Government of India enacted Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MGNREGA) (for short the Act) with an object to provide for the enhancement of livelihood security of the households in the rural areas of the country by providing at least 100 days of guaranteed wage employment in every financial year to every household whose adult members volunteer to do unskilled manual work and for matters connected with or incidental thereto. And further submits that under sub section (5) of Section 16 of the Act, the programme officer shall allot at least 50% of the work in terms of its cost under a scheme to be implemented throughout the Gram Panchayats. In the present case the respondents have not allotted the work to the Gram Panchayats despite the Gram Panchayats passed resolution. Without following the due process allotting the work t