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2025 DAILYLAW 20015 (AP)

TIRUMALA REDDY GOURISANKARA RAO v. THE STATE OF ANDHRA PRADESH

WP/13970/2024 · 2025-02-13

Tarlada Rajasekhar Rao

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Judgment text

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4J IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT (Special Original Jurisdiction) i THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE C PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 13970 OF 2024 ov o c V O Between: Tirumala Reddy Gourisankara Rao, S/o Ayyanna Dora aged about 60 years, Occ Contractor/Ex-surpanch R/o D.No.2-2 Main Street, Devaravalasa Village, G.Sigadam Mandal, Srikakulam District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Panchayat Raj Department, Secretariat, Velagapudi, Amaravati, Guntur Dist. 2. The State of Andhra Pradesh, Rep by its Principal Secretary, Finance and planning department Secretariat Velagapudi Amaravati Guntur dist. 3. The Commissioner, Panchayat Raj and Rural Development dept Tadepalli Guntur District 4. The District Collector, Srikakulam Srikakulam District. 5. The Chief Finance officer (MGNREGS), Panchayat Raj and Rural Development dept No. 1247 pvs empire road Tadepalli Guntur District. 6. The Executive Engineer (APSS), Srikakulam Town and DISTRICT. 7. The Mandal Parishad Development officer, G.Sigadam Town and mandal Srikakulam District. 8. The Asst Programme Officer (DWMA), G.Sigadam Town and Mandal Srikakulam District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ order or Direction more particularly one in the may nature of WRIT OF MANDAMUS to declare the inaction of Respondents to release and pay the pending work order bills of Rs 4,59,618/- to the petitioner as per the petitioner work order under MGNREGS vide work ID.NO.017630531042150005 vide FTR/FTO No.8016321000105 dt.29.9.2021 for the name of the work of Constructions of Compound wall of ZPFIS (Fligh School) at Devaravalasa Village, G.Sigadam Mandal, Mandal Srikakulam district is illegal, arbitrary and violation of the Art. 14 and 21 Of the Constitution of India and also violation of the principles of natural Justice and consequently direct the Respondents to release and pay the pending work order bills of Rs 4,59,618/- to the petitioner as per the petitioner work order under MGNREGS vide work ID.NO.017630531042150005 vide FTR/FTO No.8016321000105 dt.29.9.2021 for the name of the work of Constructions of Compound wall of ZPHS (High School) at Devaravalasa Village, G.Sigadam Mandal, Mandal Srikakulam with nominal 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 be pleased to direct the Respondents to release and pay the pending work order bills of Rs 4,59,618/- to the petitioner as per the petitioner work order under MGNREGS vide work ID.N0.017630531042150005 vide FTR/FTO No.8016321000105 dt.29.9.2021 for the name of the work of Constructions of Compound wall of ZPHS (High School) at Devaravalasa Village, G.Sigadam Mandal, Mandal Srikakulam District with nominal interest. Counsel for the Petitioner: SRI TOTA TEJESWARA RAO Counsel for the Respondents: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondents: GP FOR FINANCE &PLANNING The Court made the following order: THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.13970 of 2024 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief: " to issue a writ order or Direction more particularly one in the nature of WRIT OF MANDAMUS to declare the inaction of Respondents to release and pay the pending work order bills of Rs.4,59,618/- to the petitioner as per the petitioner work order under MGNREGS vide work ID.No.017630531042150005 dt.29.9.2021 for the name of the work of Constructions of Compound wall of ZPHS (High School) at Devaravalasa Village, G.Singadam Mandal, Mandal Srikakulam district is illegal, arbitrary and violation of the Art. 14 and 21 of the Constitution of India and also violation of the principles of natural Justice and consequently direct the Respondents to release and pay the pending work order bills of Rs.4,59,618/- to the petitioner as per the petitioner work order under MGNREGS vide work ID.No.017630531042150005 dt.29.9.2021 for the name of the work of Constructions of Compound wall of ZPHS (High School) at Devaravalasa Village, G.Sigadam Mandal, Srikakulam district with nominal interest and pass such other order or orders " vide FTR/FTO No.8016321000105 vide FTR/FTO No.8016321000105 The case of the petitioner is that he has executed the work, but however, the respondents have not paid the amount due to the petitioner for the work done by him, despite several requests made orally and by way of representation. Hence, the present Writ Petition is filed. 2. The 6*^ respondent-Executive Engineer, A.P.Samagra Shiksha, Srikakulam, has addressed proceedings to the Standing Counsel for Samagra Shiksha, which transpires that the Executive Engineer has addressed a letter to the Commissioner, Panchayat Raj & Rural 3. 2 \ Development, with a request to release the payment to the concerned contractor for the work executed duly apprising the fault made while generating the FTO towards making first and part bill and also submitted the rectified and actual account number of the beneficiary and humbly requested to release the payment, but still now not rectified and again another letter was addressed duly requesting to enable them to process the payment to the said work at DCC Level, but still now not rectified and hence, the issue is pending at Department of Panchayat Raj & Rural Development, Andhra Pradesh. 4. The said proceedings indicates that fund transfer order has been generated in DCC login of MGNREGS, vide FTR/FTO No.8016321000105, Voucher No.000105 dated 29.09.2021 for Rs.4,59,618/- as per the recordings made in M.Book No.1268-B for making payment to the concerned contractor. The said payment was not done to the concerned contractor as one of the digits of the beneficiary’s account number is not furnished while generating FTO erroneously, in the meanwhile, the process of fund transfer orders (FTO’s) for payments have been transferred from the DCC level to MCC level. 5. 6. As seen from the above proceedings addressed by the Executive Engineer, the respondents are not disputing the execution of work done by the petitioner and the payment due to the petitioner herein. 7. As such, this Court is inclined to dispose of the Writ Petition, directing the respondents herein to take necessary steps for payment of the amount due to the petitioner herein and the said amount shall be -A.: _ 3 paid to the petitioner within a period of ten (10) weeks from today, failing which the petitioner is entitled to interest @ 6% per annum from the date of Writ Petition till the date of realization. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. 8. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. Sd/- SHAIK WIOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1, The Principal Secretary, Panchayat Raj Department. Stf of Andhra Pradesh, Secretariat Velagapudi, Amaravati, Guntur dist. 2 The Principal Secretary, Finance and Planning Department, State of Andhr^Pradesh, Secretariat Velagapudi Amaravat, Guntur dist. 3. The Commissioner, Panchayat Raj and Rural Development dept Tadepalli Guntur District. 4. The District Collector, Srikakulam Srikakulam District. 5. The Chief Finance officer (MGNREGS), ""'^t^^nttrict Development dept No. 1247 pvs empire road Tadepalli Guntur Distric . Executive Engineer (APSS), Srikakulam Town and district. Parishad Development officer, G.Sigadam town and 6. The 7. TheMandal Mandal Srikakulam District. 8. The Asst Programme Officer (DWMA), G.SigadamTown and Mandal Srikakulam District. CC to Sri Tota Tejeswara Rao, Advocate [OPUC] GP for Panchayat Raj & Rural Development, High 9. One Two CCs to Court of Andhra Pradesh. [OUT] 10. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT] Two CD Copies 11. 12. RAM HIGH COURT DATED:13/02/2025 ORDER ANOwJ^ WP.No.13970 of 2024 1 12 MAR 2C:5 . Current Section ^ DISPOSING OF THE WP WITHOUT COSTS