R.A.SINGH,J. - (1.) - By means of this writ petition, the petitioners have prayed for issuing a writ of certtorari quashing the order dated 3.6.2009 issued by respondent No. 5 (Annexure-5 to the writ petition) by which the Project Manager, U. P. Projects Corporation Ltd. Lucknow has informed M/s. R. S. Constructions, Missraulia, District Ghazipur about the P.R.W. (Contractor) being appointed for construction of Gram Panchayat Sachivalaya Bhawan in village Jigna and village Sikara Kalan, Block Chhannve, District Mirzapur.
(2.) THE brief facts giving rise to this writ petition are; that the petitioners being Pradhans of Gram Panchayats and members of Gram Samaj Societies claim vital interest in the affairs of village and Gram Panchayats. The State Government sanctioned a project for the development of backward areas in the name of Pichhara Chhetra Anudan Nidhi in the year 2007-08 through Government order No. 1406-P-7/2-Lekha/B.R.G.F./08-09 dated 15.12.2008. A meeting was held in District Mirzapur on 26.5.2008 which was presided over by Mr. Rangnath Mishra, Hon'ble Minister, Department of Intermediate Education, Government of U. P. The District Panchayat Raj Officer, Mirzapur issued a letter dated 15.12.2008 to all Block Development Officers, the Assistant Development Officers, Mirzapur and Executive Engineer of Nagar Palika Parishad, Gram Ahraura, Chunar and Mirzapur and Nagar Panchayat Kachchawa, Mirzapur granting funds with regard to above scheme and also directed aforesaid officers to open their accounts in their respective Post Offices in compliance of Government order No. V-2-1799/10-2008-244(57) 2008, dated 25.8.2008. It was decided on 26.5.2008 in the meeting in presence of District Magistrate and all concerned officers that all the development work and construction of Gram Panchayat Sachiwalaya Bhawan would be conducted under the supervision of Gram Panchayat. The resolutions were also passed regarding Gram Panchayat, Sikara Kalan and Jigna on 26.12.2007 and 12.2.2008 at serial 92 and 95 respectively. The accounts were also opened in the name of Gram Panchayat Sikara Kalan and Jigna to be operated by the petitioners No. 1 and 2 being Pradhans of these villages under the scheme year 2007-2008 in pursuance of letter dated 15.12.2008 and the resolution dated 26.12.2007 and 12.2.2008. In view of the guidelines issued for sanctioned scheme only Gram Pradhans had right for any development and construction work of their supervision, but the respondent No. 5 illegally appointed the contractor for construction of Gram Panchayat Sachivalaya Bhawan through letter dated 3.6.2009 without the consent of the petitioners and also allotted the construction work to P.R.W. (contractor) and M/s. R. S. Constructions, Missraulia, District Mirzapur, respondent No. 6 against the Government order No. 1406-P-7/2-Lekha/B.R.G.F./08-09, dated 15.12.2008 and resolution dated 26.5.2008 as well as 26.12.2007. We have heard Shri Vikas Srivastava, learned counsel for the petitioners and learned standing counsel for the respondents and perused the record. The parties have exchanged affidavit, counter-affidavit and rejoinder-affidavit.
(3.) THE learned counsel for the petitioner contended that in view of the guidelines issued for sanctioned scheme of Pichhra Chhetra Anudan Nidhi (B.R.G.F.) for the year 2007-08 only Gram Pradhans had right for development and construction work in their respective Gram Panchayats under their supervision, but the respondent No. 5 completely ignored the Government order dated 15.12.2008 and the resolutions dated 16.12.2007 and 12.2.2008 (Annexure-3) and illegally allotted the construction work to the respondent No. 6.;