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2025 DAILYLAW 15714 (AP)

PIPALA SAIBABA v. THE STATE OF AP

WP/10500/2025 · 2025-07-14

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010201042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10500/2025 Between: 1. PIPALA SAIBABA, S/O VENKATESWARLU, AGED ABOUT 38 YEARS, R/O D.NO. 1-6B, AYYANNAPALEM, BOLLAPALLI MANDALAM, MAMPALEM, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETERIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, A.P. 3. THE DISTRICT COLLECTOR, DISTRICT COLLECTOR OFFICE, PALNADU DISTRICT, A.P. 4. THE DISTRICT PANCHAYAT OFFICER, PALNADU DISTRICT, A.P. 5. THE AYYANNAPALEM GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, AYYANNAPALEM VILLAGE, BOLLAPALLI MANDAL, PALNADU DISTRICT, A.P. ...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 2 pleased to pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payment of amount Rs. 2,46,115/-, Rs. 62,146, Rs. 97,220/- and Rs. 39,600/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1) Providing motor and borewell at near Ramalayalam Temple at Ayyannapalem village, Bollapalli Mandal, Palnadu District, A.P, 2) Clearing Juliglora Jungle in O C Burial ground at Ayyannapalem village, Bollapalli Mandal, Palnadu District, A.P, 3) Construction of Community Sanitary complex at CSC with one WC seat and two Urinals each for men and women at village secretariat at Ayyannapalem village, Bollapalli Mandal, Palnadu District, A.P and 4) Providing Motor at OHSR in Ayyannapalem village, Bollapalli Mandal, Palnadu District, A.P, for an amounts of Rs. 2,46,115/-, Rs. 62,146, Rs. 97,220/- and Rs. 39,600/- is waiting for fund clearance with respondents 1 to 5 as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India and consequently direct the respondents to forthwith consider for payment of the cumulative total amounts of Rs. 2,46,115/-, Rs. 62,146, Rs. 97,220/- and Rs. 39,600/- with interest @12 percentage per annum for the delayed amount to the petitioner in respect of execution of above-mentioned works forthwith in terms of Agreement for 1) Providing motor and borewell at near Ramalayalam Temple at Ayyannapalem village, Bollapalli Mandal, Palnadu District, A.P, 2) Clearing Juliglora Jungle in O C Burial ground at Ayyannapalem village, Bollapalli Mandal, Palnadu District, A.P, 3) Construction of Community Sanitary complex at CSC with one WC seat and two Urinals each for men and women at village secretariat at Ayyannapalem village, Bollapalli Mandal, Palnadu District, A.P and 4) Providing Motor at OHSR in Ayyannapalem village, Bollapalli Mandal, Palnadu District, A.P, 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 pleased to direct the respondents to forthwith consider for payment of the cumulative total amounts of Rs. 2,46,115/-,Rs. 62,146, Rs. 97,220/- and Rs. 39,600/- with interest @12% per annum for the delayed amount to the petitioner in respect of execution of above-mentioned works forthwith in terms of Agreement for 1) "Providing motor and borewell at near Ramalayalam Temple at Ayyannapalem village, Bollapalli Mandal, Palnadu District, A.P”, 2) "Clearing Juliglora Jungle in O C Burial ground at Ayyannapalem village, Bollapalli Mandal, Palnadu District, A.P”, 3) "Construction of Community Sanitary complex at CSC with one WC seat and two Urinals each for men 3 and women at village secretariat at Ayyannapalem village, Bollapalli Mandal, Palnadu District, A.P” and 4) “Providing Motor at OHSR in Ayyannapalem village, Bollapalli Mandal, Palnadu District, A.P” and pass Counsel for the Petitioner: 1. DASARI RAMAKOTESWAR RAO Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats 3. GP FOR FINANCE PLANNING The Court made the following: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10500/2025 ORDER: 1. Learned counsel for the petitioner seeks permission of this Court to withdraw the Writ Petition. 2. Permission as sought for is accorded. 3. Accordingly, the Writ Petition is dismissed as withdrawn. No costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 15.07.2025 TTPPSS 5 02 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10500/2025 15.07.2025 TTPPSS