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2025 DAILYLAW 16095 (AP)

S.Nagaraja v. The State of Andhra Pradesh,

WP/10895/2025 · 2025-07-03

Gannamaneni Ramakrishna Prasad

Public Interest Litigationbody2025

Judgment text

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APHC010209322025 IN THE HIGH COURT OF ANDHRA PRADESH^ AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 10895 OF 2025 ^ Between: S.Nagaraja, S/o S.Krishnaiah, Aged about 52 years, Occ: Business, Resident of D.No.4-136, indira Nagar, Piier Town and Mandai, Annamayya District ...Petitionee— AND 1. The State of Andhra Pradesh Panchayatraj and Rural Development, Velagapudi, Amaravathi. 2. The State of Andhra Pradesh, Rep. by its Principai Secretary, Department of Finance and Planning Amaravathi. 3. The Commissioner, Panchayatraj and Rural Development, State of Andhra Pradesh, Tadepalli, Guntur District. 4. The Divisional Panchayat Officer, Madanapalli, Annamayya District. 5. The Executive Engineer, Panchayat Raj Annamayya District. 6. The Grampanchayat, Rep. by its Panchayat Secretary, Mandai, Annamayya District. Rep. by Principal Secretary, Secretariat Buildings, Secretariat Buildings, Division, Madanapalli, Piier, Piier ...Respondents 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 a 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 Rs.3,32,444/- with regard to painting (Inside building) to Gram Panchayat office building (First Floor) at Filer vide M.Book N0.985/A/21, Rs.3,83,892/- for providing electrification to Grampanchayat office building (first floor) at Filer, vide M.Book N0.985/A/21, Rs.3,66,014/- for construction of Meeting Hall at Filer Grampanchayat office (first floor) at Filer vide M.Book No. 1511/A/21 Rs.7,48,216/- for construction additional staff room at piler Grampanchayat of Piler vide M.Book No.982/A/21 and Rs.2,39,864/- for painting (Outside building) to Grampanchayat office building (Ground floor) at Piler vide M.Book No.985/A/21 total an amount of Rs.20,70,430/- (Rupees Twenty lakhs Seventy thousand four hundred and thirty only)even after finalizing the bills payable to the petitioner is illegal, arbitrary and unconstitutional and consequently direct the respondents to consider for payment an amount of Rs.20,70,430/- (Rupees Twenty lakhs Seventy thousand four hundred and thirty only) along with interest at the rate of 24% per annum for the delayed payment to the petitioner in respect of the above mentioned works forthwith. ^ lA 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 to pay an amount of Rs.3,32,444/- vide M.Book N0.985/A/21, Rs.3,83,892/- vide M.Book N0.985/A/21, Rs.3,66,014/- vide M.Book N0.1511/A/21, Rs.7,48,216/- M.Book N0.982/A/21 and Rs.2,39,864/- vide M.Book No.985/A/21 total an amount of Rs.20,70,430/- (Rupees Twenty lakhs Seventy thousand four hundred and thirty only) to the petitioner, pending disposal of the Writ Petition. Counsel for the Petitioner; SRI VUTUPALLI RAJANNA Counsel for the Respondent Nos. 1, 3, 4 & 5: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No.2; GP FOR FINANCE &PLANNING Counsel for the Respondent No.6: SRI T ANVESH REPRESENTING SRI M SUDHEER (SC FOR ZPPS, MPPS & GP) The Court made the following order: APHC010209322025 IN THE HIGH COURT OF ANDHRA PRADESH at AMARAVATI (Special Original Jurisdiction) [3328] FRIDAY,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 10895/2025 Between: 1.S.NAGARAJA, S/0 S.KRISHNAIAH, AGED ABOUT 52 YEARS, OCC BUSINESS, RESIDENT OF D.NO.4-136, INDIRA NAGAR, FILER TOWN AND MANDAL, ANNAMAYYA DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, PANCHAYATRAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, AMARAVATHI. 3.THE COMMISSIONER, PANCHAYATRAJ AND RURAL DEVELOPMENT, STATE OF ANDHRA PRADESH, TADEPALLI, GUNTUR DISTRICT. 4.THE DIVISIONAL PANCHAYAT OFFICER, MADANAPALLI, ANNAMAYYA DISTRICT. 5.THE EXECUTIVE ENGINEER, PANCHAYAT RAJ DIVISION, MADANAPALLI, ANNAMAYYA DISTRICT. 6. THE GRAMPANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, FILER, FILER MANDAL, ANNAMAYYA DISTRICT. 2 ...RESPONDENT(S): Counsel for the Petitioner: 1.VUTUPALLI RAJANNA Counsel for the Respondent(S): 1 .GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR FINANCE PLANNING The Court made the following ORAL ORDER: Heard Sri Vutupalli Rajanna, learned Counsel for the Petitioner Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Sri T.Anvesh, learned Counsel. M.Sudheer, learned Standing Counsel for ZPPs, MPPs and GPs. representing Sri 2. Sri T.Anvesh. learned Counsel representing Sri M.Sudheer learned Standing Counsel for ZPPs, MPPs and GPs, has submitted Written Instructions furnished by the Panchayat Secretary (F.A.C.), Grama Panchayat, Pileru, Annamayya District. A copy of it is supplied to the learned Counsel for the Petitioner and the same is taken on record. the 3. The Written Instructions would indicate that the claim made by the Petitioner is admitted for a sum of Rs.20,70,430/- but the said amount has not been paid to the petitioner solely due to non-availability of funds. 4. Having regard to the facts and circumstances, there shall be a direction to the Respondents to complete the entire administrative intra-department and inter-department, within a period of twelve (12) weeks, by way of Cooperation and Co-ordination, transfer the said amount to the account of the Petitioner within four weeks thereafter. process and (4) 5. The Petitioner is directed to furnish the bank details to the Competent Authority to enable them to transfer the time specified by this Court. amount within the With these directions and observations, this Writ Petition stands 6. allowed. No order as to costs. Interlocutory Applications, if any, shall stand closed in terms of 7. this order. Sd/- M.RAMESH BABU deputy REGiSTRAR //TRUE COPY// 1?^ ^ I SECTION OFFICER To 1. The Principal Secretary, Panchayatraj , Secretariat Buildings, Velagapudi, Amaravathi. 2. The Principal Secretary, Department Secretariat Buildings, Amaravathi. 3. The Commissioner, Panchayatraj and Rural Development, State of/ Andhra Pradesh, Tadepalli, Guntur District. 4. The Divisional Panchayat Officer, Madanapalli, Annamayya 5. The Exequtivp. , Engineer, Panchayat Annamayya District. 6. The Panchayat Secretary, Grampanchayat Annamayya District. 7. One CC to Sri Vutupalli Rajanna, Advocate [OPUC] 8. One CC to Sri M Sudheer (SC for ZPPS [OPUC] 9. Two CCs to GP for Panchayat Raj Rural Dev, High Court Pradesh [OUT] 10. Two CCs to GP for Finance & Planning, High Court of Andhra [OUT] 11. Two CD Copies and Rural Development,^ of Finance and Planning, y District. Raj Division, Madanapatl( Filer, Piler Mandal, MPPS & GP) Advocate of Andhra Pradesh/^ TF HIGH COURT DATED:04/07/2025 ORDER WP NO. 10895 OF 2025 I ' m ^ Current becnon ALLOWING THE W.P., WITHOUT COSTS