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2025 DIGILAW 791 (AP)

K. P. Giddaiah, S/o. K. Maraiah v. State of Andhra Pradesh, rep. , by its Principal Secretary Panchyat Raj & Rural Development

2025-06-30

DHIRAJ SINGH THAKUR, RAVI CHEEMALAPATI

body2025
JUDGMENT : DHIRAJ SINGH THAKUR. C.J. Since the issue involved in this set of cases is similar, we propose to dispose of the same by way of this common judgment. 2. The present batch of writ appeals have been preferred against the orders dated 24.03.2025, 25.03.2025, 27.03.2025, 28.03.2025. 01.04.2025, passed in Writ Petition Nos.7353. 7361, 7488, 7602, 7777, 7830 and 8335 of 2025. The appellants are aggrieved of the order inasmuch as the desired interim relief that was sought by the petitioners -appellants was not granted. 3. The petitioners were allotted contracts by the various Gram Panchayats in Kurnool District. The contracts were allotted pursuant to a resolution purportedly passed in a meeting of the Gram Panchayat consisting of the Sarpanch and some members of the Gram Panchayat. The value of the contracts was approximately ranging from 31 Lakhs to 81 Lakhs. 4. In the meantime, it appears that the Superintending Engineer - respondent No. 5 herein issued an N.I.T. inviting tenders from eligible parties for execution of the works, which already stood allotted by the Gram Panchayats in favour of the appellants. Being aggrieved of the action taken by the Superintending Engineer, the writ petitions were filed, wherein an interim relief was prayed for which was however not granted and hence the present Letters Patent Appeals. 5. Learned counsel for the applicants, would submit that the learned Single Judge ought to have appreciated that this was a fit case for grant of interim relief in its favour inasmuch as it was only the Gram Panchayat who could have allotted the contracts in question with a view to ensure its autonomy, which was otherwise vested in the working of the Gram Panchayat in terms of the 73rd Amendment of the Constitution of India. 6. It was urged that in terms of the Government Order bearing G.O.Rt.No.2290, dated 20.12.2012, the right to issue written orders as per the Government Order supra could be considered as a legitimate directions for undertaking the Operation and Maintenance of the Water Supply and Sanitation Schemes within a Gram Panchayat and therefore taking a cue from the aforementioned Government Order, it was sought to be emphasized that the Superintending Engineer had absolutely no right to invite tenders, which it did by virtue of the impugned action in the writ petitions. 7. 7. Learned Government Pleader for Panchayat Raj, on the other hand would submit that the alleged decision taken by the Gram Panchayats was not in fact a decision of the Gram Panchayats but proceedings signed only by the Sarpanch and some other members. In any case, it was highlighted that in terms of Government Order bearing G.O.Ms.No.2, dated 03.02.2014, followed by Government Order bearing G.O.Ms.No.45, dated 11.04.2023, all works and material procurement for Rs.1,00,000/- and above was to be done through the bidding process conducted through e-procurement portal of the State. 8. It is stated that earlier as per the proceedings of Director of Works Accounts, dated 07.08.2013, the e-procurement was permitted for works above the value of One Lakh Rupees only for the Departments of Transport Roads and Buildings, Municipal Administration and Urban Development. With a view to streamline the process, it is stated that the Government came up with Government Order bearing G.O.Ms.No.2, dated 03.02.2014, wherein uniformity was brought about by ordering that e-procurement would be followed for all departments for works and materials above the value of Rupees One Lakh. This was subsequently followed by and reiterated i in Government Order No.45 dated 11.04.2023 9. Having heard learned counsel for the parties, we are inclined to accept the contention of learned Government Pleader for Panchayat Raj and Rural Development inasmuch as the contracts valuing above One Lakh Rupees (i.e. ranging between 31 Lakhs and 81 Lakhs) have been allotted in favour of the pehtroners, without considering other eligible contractors in the field, who certainly have been deprived of their right of participation. Apart from this, not resorting to the process of tendering a contract does suggest arbitrariness, especially when no reasons are forthcoming as to how the Gram Panchayats selected the petitioners-appellants herein, for execution of the contracts in question. 10. In any case, it does make sense for permitting the Gram Panchayats to procure material or allot contracts valuing One Lakh and below inasmuch as a tendering process for small procurements would entail delay which might not be worth, the expenses which may be incurred on account of the tendering process and also delay the small ticket contracts it appears for that reason alone, the Government had brought about uniformity in the matter of works and for procuring materials by virtue of the Government Orders dated 03.02.2014 and 11.04.2023. 11. 11. We find no prima facie case, in favour of the appellants, in the present writ appeals, which are found to be without any merit and are accordingly dismissed. No order as to costs. Pending miscellaneous applications, if any, in these appeals shall stand closed.