V IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) i TUESDAY, THE TWENTY FIRST DAY OF JANUARY | TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 12657 OF 2024 Between: Palati Veera Nageswara Rao, S/o. Palati Nukaraju Aged about 57 years, Occ- Business R/o. 1-131, Rangampeta Village and Mandal, East Godavari District, A.P. - 533291 ...PETITIONER AND The State of Andhra Pradesh, Rep. by its PrI. Secretary, Panchayathraj Engineering Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, A.P. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance And Planning Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, A.P. The Commissioner and Director of Panchayath Raj, Government of Andhra Pradesh, Panchayathraj Department, Tadepally, Guntur District, A.P. The District Panchayath Officer, East Godavari District, A.P The Rangampeta Grampanchayath, Rep. by its Panchayath Secretary, Rangampeta Village and Mandal, East Godavari District, A.P. The Extension Officer (PR & RD), Rangampeta Village And Mandal, East Godavari District, A.P. The Rangampeta Grampanchayath, Rep. by its Sarpanch Smt. Balireddy Laxmi W/o Durga Rao, aged about 38 years , R/o Rangampeta Village and Mandal East Godavari District, A.P. 1. 2. 3. 4. 5. 6. 7. • • (R7 is Impleaded as per Court order dt 24.07.24 in I.A No. 2 of 2024 in Writ Petition and affidavit) ...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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents for with-holding the amount of Rs. 11,83,071/- (Rupees Eleven Lakhs Eighty Three Thousand and Seventy One only) for completion of works i.e.. Providing internal CC Drains in Rangampeta Village (1) from Galika Paparao (H) to SC Peta OHSR, (2) from M.Arjunarao (H) to SC Peta OHSR, (3) from SC Peta MPP School to B.Nagaraju (H), (4) from Boddu Nagaraju (H) to Boddu Veeraju (H), (5) from Bathina Samuel (H) to T.Musaliyya (H) and (6) from N.Surya Rao (H) to SC Peta OHSR by the petitioner is illegal, arbitrary and violation of Article 14, 19, 21 And 300-A of the Constitution of India and consequently, direct the respondents to pay the due amounts of Rs. 11,83,071/- (Rupees Eleven Lakhs Eighty Three Thousand and Seventy One only) with cumulative interest. lA NO: 1 OF 2024 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 release an amount of Rs. 11,83,071/- (Rupees Eleven Lakhs Eighty Three Thousand and Seventy One only) with interest and other reliefs into the petitioner account, pending disposal of the above writ petition. lA NO: 3 OF 2024 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 all the respondents herein to withhold the amounts lying in \ the Gram Panchayath’s Bank Account of Rangampeta Grampanchayath pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI K. GANI REDDY Counsel for the Respondent‘Nos.1,3 & 4: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING Counsel for the Respondent Nos.5 & 6: SRI Y.KOTESWARA RAO, SC FOR ZPP, MPP & GRAM PANCHAYAT Counsel for the Respondent Nos. 7: SRI K.M. KRISHNA REDDY The Court made the following: ORDER 1 APHC010255002024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] r/ TUESDAY ,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 12657/2024 Between; ...PETITIONER Palati Veera Nageswara Rao AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.KGANI REDDY Counsel for the Respondent(S): 1.GP FOR PANCHAYATRAJ RURAL DEV 2.KM KRISHNA REDDY S.Yarraguntla.Koteswara Rao,Standing Counsel ForZilla Praja Parishads.Mandal Praja Parishads and Gra 4.GP FOR FINANCE PLANNING 2 i? .V The Court made the following Order: The present writ petition is filed challenging the action of respondents in not releasing admitted bill amount of Rs.11,83,071/- for the competition of works i.e., providing internarcc Drains in Rangampeta Village (1) from Galika Paparao (H) to SC Peta OHSR, (2) from M.Arjunarao (H) to SC Peta OHSR, (3) from SC Peta MPP School to B.Nagaraju (H), (4) from BOddu Nagaraju (H) to Boddu Veeraju (H), (5) from Bathina Samuel (H) to T.Musaliyaa (H) and (6) from N.Surya Rao (H) to SC Peta OHSR by the petitioner is illegal, arbitrary and violation of Article 14,19, 21 & 300-A of the Constitution ofINdia and to pay the due amounts of Rs.11,83,071/-, with cumulative interest for the work. Sri Y.Koteswara Rao, learned Standing Counsel for ZPP, MPP and Gram Panchayat appearing for respondent No.5 have furnished the proceedings across the bench. The respondents paid the following payments to the petitioner i.e., 1) An amount of Rs. 2,91,820/- through CFMS No. 2022- 1818367 in the financial year 2022-23. 2) An amount of Rs. 2,17,401/- through CFMS No. 2022-1583159 in the financial year 2022-23. 3) An amount of Rs.1,88,500/- was paid on 26.02.2024, as per PFMS Voucher No. XVFC/2023-24-P/4. In total, Rs. 7,00,669/- has been paid to the petitioner. The proceedings also state that the amount still due to the petitioner is Rs. 5,91,142/-, which will be disbursed upon the allocation of the budget. 02. The respondents neither disputed the execution of works nor payment of the remaining due amount to the petitioner. Therefore, the Writ Petition is disposed of, directing the respondents to release the remaining due amount to the petitioner within a period of six (06) weeks from the date of receipt of a copy of this order. Failing which, the petitioner is entitled for interest at the rate of 6% per annum from the date of filing of the writ petition to till the date of realization of the amount. There shall be no order as to costs. 3. s. 3 As a sequel thereto, miscellaneous Petitions pending, if any, shall stand closed. K TATA RAO deputy^ registrar OFFICER / Tf^( ‘//TRUE COPY// SEC To, 1. The PrI. Secretary, Panchayathraj Engineering Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, A.P. 2. The Principal Secretary, Finance And Planning Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, A.P. 3. The Commissioner and Director of Panchayath Raj, Government of Andhra Pradesh, Panchayathraj Department, Tadepally, Guntur District, A.P. 4. The District Panchayath Officer, East Godavari District, A.P 5. The Panchayath Secretary, Rangampeta Grampanchayath, Rangampeta Village And Mandal, East Godavari District, A.P. 6. The Extension Officer (PR & RD), Rangampeta Village And Mandal, East Godavari District, A.P. 7. One CC to Sri K. Gani Reddy, Advocate [OPUC] 8. One CC to Sri K.M. Krishna Reddy, Advocate[OPUC] 9. One CC to Sri Y. Koteswara Rao, SC for ZPP, MPP & Gram Panchayat[OPUC] 10. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT] 11. Two CC’s to GP for Finance and Planning, High Court of A.P. at Amaravati[OUT] 12. Three CD Copies. ssb HIGH COURT •■X ■ DATED:21/01/2025 ORDER ^ x» 0" WP.No.12657 of 2024 O 0 I FEB 2025 Curreni Secllon . ^ ml* DISPOSING OF THE W.P. WITHOUT COSTS