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2025 DAILYLAW 11289 (AP)

GANDIKOTA RAMA SUBBAIAH v. THE STATE OF ANDHRA PRADESH

WP/6760/2025 · 2025-08-19

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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APHC010130912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 6760/2025 Between: 1. GANDIKOTA RAMA SUBBAIAH, S/O.PULLANNA, OCC CONTRACTOR, AGE-42 YEARS, R/O D.NO 25-122-2, CPI OFFICE STREET, KONDAPETA, DHONE, DHONE (M), KURNOOL DISTRICT - 518222. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY TO GOVERNMENT PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, OFFICE AT NAKKAL ROAD, SURYARAO PETA, VIJAYAWADA. 3. THE DISTRICT COLLECTOR, KURNOOL,KURNOOL DISTRICT. 4. THE DISTRICT PROGRAMME COORDINATOR, KURNOOL,KURNOOL DISTRICT. 5. THE SUPERINTENDING ENGINEER, PRI CIRCLE, DHONE, KURNOOL DISTRICT. 6. THE EXECUTIVE ENGINEER, PRI DIVISION, KURNOOL, KURNOOL GRKP,J W.P.No.6760 of 2025 DISTRICT. 7. GUDIPADU GRAMPANCHYAT, REP BY ITS PANCHAYAT SECRETARY, GUDIPADU (V), PEAPULLU (M), KURNOOL DISTRICT. 8. THE DIRECTOR M G N R E G SCHEME, MINISTRY OF RURAL DEVELOPMENT, GOVERNMENT OF INDIA, KRUSHI BHAAVAN, NEW DELHI. 9. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH . ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents in Not Releasing the Estimated final bills of total amount worth of Rs.4,10,975/- for 1) Rs. 2,87,496/- of M Book No 3478-A, in respect of the work of Providing pucca internal roads/streets including drainage system and culverts with in a village under convergence funds at location from Nandaiah (H) to Obulesu (H) and other streets in Gudipadu (v), Peapully (M), Kurnool District and 2) Rs. 1,23,479/- of M Book No 3453-A, in respect of the work of Providing pucca internal roads/streets including drainage system and culverts with in a village under convergence funds at location from Chowti Rahgaiah (H) to Mai Road in SC locality and other streets in Gudipadu (v) Peapully (M), Kurnool District for which the grant was SDF Convergence Funds for which the grant was SDF Conyergence Funds., as illegal, arbitrary. Violation of Right to life and Violation of Principles of Natural justice, and consequently direct to the respondents to Release the Final Bill Amount of Rs. 4,10,975/- for the above said work and pay the along with interest forthwith and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents releasing the Estimated final bills of total amount worth GRKP,J W.P.No.6760 of 2025 of Rs. 4,10,975/-, for execution of completion of SDF Convergence works under PRI Department as per agreement, to the petitioner forthwith, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. KOMMA VIJAYA RAJ KUMAR Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. GP FOR FINANCE PLANNING The Court made the following: ORAL ORDER: Heard Ms. K. Srilakshmi, learned Counsel representing Sri Komma Vijaya Rajkumar, learned Counsel for the Writ Petitioner; Sri Panku Rajesh Kumar, learned Assistant Government Pleader for Finance & Planning and Ms. J. Kavitha, learned Counsel representing Sri Sudhir Mattegunta, learned Standing Counsel for Gram Panchayat. 2. The present Writ Petition is filed seeking the following relief: “…issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents in Not Releasing the Estimated final bills of total amount worth of Rs.4,10,975/- for 1) Rs. 2,87,496/- of M Book No 3478-A, in respect of the work of Providing pucca internal roads/streets including drainage system and culverts with in a village under convergence funds at location from Nandaiah (H) to Obulesu (H) and other streets in Gudipadu (v), Peapully (M), Kurnool District and 2) Rs. 1,23,479/- of M Book No 3453-A, in respect of the work of Providing pucca internal roads/streets including drainage system and culverts with in a village under convergence funds at location from Chowti Rahgaiah (H) to Mai Road in SC locality and other streets in Gudipadu (v) Peapully (M), Kurnool GRKP,J W.P.No.6760 of 2025 District for which the grant was SDF Convergence Funds for which the grant was SDF Conyergence Funds., as illegal, arbitrary. Violation of Right to life and Violation of Principles of Natural justice, and consequently direct to the respondents to Release the Final Bill Amount of Rs. 4,10,975/- for the above said work and pay the along with interest forthwith and pass…” 3. Sri Panku Rajesh Kumar, learned Assistant Government Pleader has submitted the Written Instructions furnished by the Executive Engineer, PR (PIU) Division, Kurnool, dated 20.06.2025. Copy of the said Written Instructions is handed over to the learned Counsel for the Writ Petitioner and the same is taken on record. The Payment Summary in the Written Instructions would indicate that the total value of the work done by the Writ Petitioner is for sum of Rs.4,10,975/- (gross amount). It is submitted that the statutory recovery is for a sum of Rs.35,616/- and the Respondent Authorities are liable to pay sum of Rs.3,75,359/- to the Writ Petitioner. 4. Learned counsel for the Writ Petitioner, on instructions, would admit to the figures and would submit that the Writ Petitioner would not claim any interest, if the due are paid expeditiously. 5. Having regard to the above facts, this Court deems it appropriate to allow this Writ Petition, directing the Official Respondents to pay a sum of Rs.3,75,359/- as full and final settlement within a period of six (06) weeks from today, by completing all the inter-departmental and intra-departmental administrative process by mutual cooperation and coordination between all the concerned departments and transfer the said amount to the bank account of the Writ Petitioner within a period of four (04) weeks thereafter. 6. 6. Writ Petitioner is directed to submit a copy of the bank account details to the Competent Authority forthwith, for effective compliance. 7. With these observations and directions, the Writ Petition stands allowed. No order as to costs. Page 5 of 6 GRKP,J W.P.No.6760 of 2025 8. Interlocutory Applications, if any, stand closed in terms of this order. _____________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Date : 20.08.2025 TVN GRKP,J W.P.No.6760 of 2025 98 THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No.6760 OF 2025 Date : 20.08.2025 TVN