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2025 DAILYLAW 14219 (AP)

GADDAM SRINIVASA PRASAD v. THE STATE OF ANDHRA PRADESH

WP/9179/2025 · 2025-07-02

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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APHC010174302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 9179 OF 209R Between: Gaddam Srinivasa Prasad, S/o. G.Prabhakara Rao Occ: Contractor, R/o.Manikyamma Nagar, Bapatia District, Andhra Pradesh. Aged about 45 years. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Panchayat Raj and Rural Development Department Buildings, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat Buildings District. 3. The District Collector, Bapatia, Bapatia District 4. The Executive Engineer, PR Division, Bapatia 5. The Deputy Executive Engineer, PRI Sub-Division, Repalli 6. The Assistant Engineer, Mandal Praja Parishad, Cherukupalli 7. The Pay and Accounts Officer, Bapatia, Bapatia District. Secretariat Velagapudi,Amaravathi, Guntur ...RESPONDENTS Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith pleased to issue a writ order or direction more particularly one in the nature of praying that in the the High Court may be ■' writ of MANDAMUS declaring the action of the the amount of Rs.9,01,037/- (Nine Lakhs One respondents in not releasing Thousand and Thirty Seven Rupees) to the petitioner even after the timely Road from Pittu Srinivasareddy (H) to Pittu Ganapathi Reddy (FI) i Kothapalem area of Kunchalavaripalem GP of Cherukupalli Mandal" sanctioned vide Proceedings Agreement No.Nil/2023- 24 dated 13.10.2023 as iiiegal, arbitrary and vioiative of Articles 14 and execution of the “Providing CC in 21 of the Constitution of India and consequently direct the Rs.9,01,037/- (Nine Lakhs petitioner even after the Srinivasareddy (H) to Pittu Ganapathi Reddy (FI) in Kothapalem area of Kun chalavaripalem GP of Cherukupalli Mandal” along with 12% interest and also opposed to the settled principles of law, respondents to forthwith pay the total amount of One Thousand and Thirty Seven Rupees) to the timely execution of the “Providing CC Road from Pittu per annum. lA NO: 1 OF 7()9fi Petition under Section 151 CPC in the affidavit filed i direct the respondents to praying that in the circumstances stated in support of the petition, the High Court may be pleased to pay the total amount of Rs.9,01,037/- (Nine Lakhs One Thousand and Thirty-Seven Rupees) to the petitioner after the timely execution of the “Providing CC Road from Pittu Srinivasareddy Ganapathi Reddy (H) in Kothapalem area of Kunchalavaripalem Cherukupalli Mandal” sanctioned vide Proceedings Agreement 24 dated 13.10.2023 to the petitioner. (H) to Pittu GP of No.Nil/2023- Counsel for the Petitioner; SRI KALLA GUNA SEKHAR Counsel for the Respondent Nos.1, 3 to 6: GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT Counsel for the Respondent Nos.2 & 7:GP FOR FINANCE The Court made the following order: &PLANNING 1 \ APHC010174302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] 7t THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 9179/2025 Between; 1.GADDAM SRINIVASA PRASAD, S/O.G.PRABHAKARA RAO, AGED ABOUT 45 YEARS OCC CONTRACTOR, R/O.MANIKYAMMA NAGAR BAPATIA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL RURAL DEVELOPMENT VELAGAPUDI, SECRETARY PANCHAYAT RAJ AND DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATHI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI,AMARAVATHI, GUNTUR DISTRICT. 3.THE DISTRICT COLLECTOR, BAPATLA, BAPATLA DISTRICT 4.THE EXECUTIVE ENGINEER, PR DIVISION, BAPATLA 5.THE DEPUTY EXECUTIVE ENGINEER, PRI SUB-DIVISION, REPALLI 6.THE ASSISTANT ENGINEER, MANDAL PRAJA PARISHAD, CHERUKUPALLI THE PAY AND ACCOUNTS OFFICER, BAPATIa’ BAPATIA DISTRICT. 7.THE PAY AND ACCOUNTS OFFICER, BAPATLA, BAPATLA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner; 1. KALLA GUNASEKHAR 2 / Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR FINANCE PLANNING The Court made the following: iM ORAL ORDER: Heard Ms. Mahathi Saaveri, learned Counsel for the Writ Petitioner Sri P. Rajesh Kumar, learned Assistant Government Pleader and for Panchayat Raj. 2. Sri P. Rajesh Kumar, learned Assistant Government Panchayat Raj has submitted the Written Instructions Executive Engineer, PRI PIU Division, Bapatia, dated 02.07.2025. supplied to the Counsel for the Writ Petitioner and the record. Pleader for furnished by the Copy of it is same is taken on 3. The Payment Summary in the W.ntten Instruction the total value of work done by the Writ Petitioner Statutory Recovery is for an amount of Rs. 1,15,726/-, and that the balance amount due to the Petitioner is of Rs.7,81,625.00/-. 4. Learned Counsel for the Petitioner, having taken instructions client, is agreeable to accept the balance amount of Rs.7,81,625.00/- as full and final settlement on the condition that the said due to be remitted to the Writ Petitioner as expeditiously as possible. s would indicate that is Rs.8,97,351.00/-. The from her amount may be directed 5. Having regard to the above facts, this Court deems it appropriate to allow this Writ Petition, directing the Official Respondents Rs.7,81,625.00/- as full and final settlement within to pay a sum of a period of twelve (12) weeks from today, by completing all the inter-departmental and intra- departmental administrative process by cooperation and coordination between said amount to the bank account of the Writ Petitioner within a period of four (04) weeks thereafter. all the concerned departments and transfer the \ 3 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, allowed. No order as to costs. the Writ Petition stands 8. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- P VINOD KUMAR ASSISTANT REGISTRAR SECTI^^FFICER //TRUE COPY// To, 1. The Principal Secretary, Panchayat Raj and Rural Development Department, State of Andhra Pradesh Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary, Finance Department. State of Andhra Pradesh Secretariat Buildings Velagapudi, Amaravathi, Guntur District. 3. The District Collector, Bapatia, Bapatia District 4. The Executive Engineer, PR Division, Bapatia 5. The Deputy Executive Engineer, PRI Sub-Division, Repalli 6. The Assistant Engineer,^ Mandal Praja Parishad, Cherukupalli 7. The and^gjjpts Qffiper, Bapatia, Bapatia District. 8. One CQ 46.Sr^all^^,^ung Sekhar, Advocate [OPUC] 9. Two CCs tb GP for Panbhayat Raj and Rural Development, High Court of Andhra Pradesh [OUT] 10. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 11. Two CD Copies. Secretariat Buildings ssb / 0^ HIGH COURT DATED:03/07/2025 ORDER WP No.9179 OF 2025 ALLOWING THE W.P. WITHOUT COSTS