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2025 DAILYLAW 16102 (AP)

S NAGARAJA v. THE STATE OF ANDHRA PRADESH

WP/10911/2025 · 2025-07-03

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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APHC010209112025 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: 10911 OF 2025 Between: S Nagaraja, S/o 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, Panchayatraj and Rural Development, 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 Annamayya District. 6. The Grampanchayat, Rep. by its Panchayat Secretary Mandal, Annamayya District. Rep. by Principal Secretary Secretariat Buildings, Division, Madanapalli, Filer, Filer ...Respondents Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith, the High Court pleased to issue a Writ. Order or Direction of Writ of Mandamus declaring the action of the Respondents in withholding the payment of Rs.5,77,594/- with regard to construction praying that in the may be more particularly one in the nature of Head room and corridor to Meeting Hall at Filer Gramapanchayat, vide M.Book No.983/A/21, Rs. 1.02,868/- for construction of CC road from Mobile Shop to LBS Main road at Mallelavari Street, Filer, vide M.Book NO.8210/A/21, Rs.3,14,427/- for construction of CC road from Tirupati Road to Reddeppa Reddy Simham Reddy colony, in House in Filer Grampanchayat and Mandal, vide M.Book No.1510//\/21, Rs.2,52,908/- for construction and upgradation of Anganwadi Centre to Jayarami Reddy House at Ayyapa Reddy colony Grampanchayat and Mandal vide M.Book No.985/A/21 road from in Filer and Rs. 1,85,104/-for construction of CC road from Viswanath House to Mahaboob Basha Filer Grampanchayat and Mandal House in Annamayya Disrtrict vide M.Book No. 10015/19 total an amount of Rs. 14,32,907/- (Rupees fourteen lakhs thirty two thousand nine hundred and seven 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, 14,32,907/- (Rupees fourteen lakhs thirty two thousand nine hundred and seven 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 20?!^ 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 pay an amount of Rs.5,77,594/-, vide M.Book direct the respondents to N0.983/A/21, Rs. 1,02,868/-, M.Book NO.1510/A/21, Rs. 1,85,104/-, vide M.Book No. 10015/19 total vide M.Book No.8210/A/21, Rs.3,14,427/-. vide Rs.2,52,908/- vide M.Book No.985//V21 and an amount of Rs. 14,32,907/- (Rupees fourteen lakhs thirty the petitioner, pending disposal of the Counsel for the Petitioner; Counsel for the Respondent Nos. two thousand nine hundred and Writ Petition. SRI VUTUPALLI RAJANNA 1, 3, 4 & 5: GP FOR PANCHAYAT rural dev Counsel for the Respondent No.2: GP FOR FINANCE &PLANNING The Court made the following order: seven only) to RAJ APHC010209112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE r [3328] PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 10911/2025 Between: 1.S NAGARAJA, S/0 S.KRISHNAIAH, YEARS, OCC BUSINESS INDIRA NAGAR, ANNAMAYYADISTRICT. AGED ABOUT 52 RESIDENT OF D.NO.4-136, FILER TOWN AND MANDAL, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL PANCHAYATRAJ SECRETARY, DEVELOPMENT, VELAGAPUDI, AMARAVATHI. AND RURAL SECRETARIAT BUILDINGS, 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE BUILDINGS, AND PLANNING SECRETARIAT AMARAVATHI. 3.THE COMMISSIONER, PANCHAYATRAJ AND DEVELOPMENT, STATE TADEPALLI, GUNTUR DISTRICT. 4.THE DIVISIONAL PANCHAYAT OFFICER, MADANAPALLI ANNAMAYYA DISTRICT. RURAL OF ANDHRA PRADESH, 5.THE EXECUTIVE ENGINEER, PANCHAYAT RAJ DIVISION, MADANAPALLI, ANNAMAYYA DISTRICT. 2 6.THE GRAMPANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, PILER, FILER MANDAL, ANNAMAYYA DISTRICT. ...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 3 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, representing Sri M.Sudheer, learned Standing Counsel for ZPPs, MPPs and GPs. ) Sri T.Anvesh, learned Counsel, representing Sri M.Sudheer, 2. ) learned Standing Counsel for ZPPs, MPPs and GPs, has submitted the 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 Written Instructions would indicate that the claim made 3. by the Petitioner is admitted for a sum of Rs. 14,32,901/- but the said amount has not been paid to the petitioner solely due to non availability of funds. Having regard to the facts and circumstances, there shall be 4. a direction to the Respondents to complete the entire administrative process, intra-department and inter-department, within a period of twelve (12) weeks, by way of Cooperation and Co-ordination, and transfer the said amount to the account of the Petitioner within four (4) weeks thereafter. 4 5. The Petitioner is directed to furnish the bank details to the Competent Authority to enable them to transfer the amount within the time specified by this Court. With these directions and observations, this Writ Petition 6. stands allowed. No order as to costs. 7. Interlocutory Applications, if any, shall stand closed in terms of this order. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Panchayatraj and Rural Development, Secretariat Buildings, Velagapudi, Amaravathi. 2. The Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Amaravathi. 3. The Cc^mmi^piooer, 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 Panchayat Secretary, Grampanchayat Piler. Filer Mandal. Annamayya District. 7. One CC to Sri Vutupalli Rajanna, Advocate [OPUC] 8. One CC to Sri M Sudheer (SC for ZPPS, MPPS & GP) Advocate [OPUC] 9. Two CCs to GP for Panchayat Raj Rural Dev, High Court of Andhra Pradesh [OUT] 10. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 11. Two CD Copies TF HIGH COURT DATED:04/07/2025 ORDER WP NO. 10911 OF 2025 f 1 ^ JUL 2025 ^sQigTant Sectigt^x^y o ALLOWING THE W.P., WITHOUT COSTS