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2025 DAILYLAW 2288 (AP)

N. Rajendra Prasad, v. The State of Andhra Pradesh,

WP/183/2025 · 2025-02-24

Tarlada Rajasekhar Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 183 OF 2025 Between: N. Rajendra Prasad, S/o N. Balamukunda Prasad, aged 63 years R/o H.No.21-2-15/41,7th Road, SKD Colony, Adoni, Kurnool District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary to Government Panchayat Raj and Rural Development Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep by its Principal Secretary to Government Finance Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The Commissioner,(PRI), Panchayat Raj and Rural Development Department, Office at Nakkal Road, Suryarao Peta, Vijayawada. 4. The District Collector, (Panchyat Raj Wing) Kurnool, at Kurnool District. 5. The Executive Engineer, PRI Division, Adoni, Kurnool District. 6. NagalapuramGrama Panchayat, NagalapuramVillage, Adoni (M), Kurnool District. 7. Mandal Engineer Officer, MPP, Adoni (M), Kurnool 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 may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final bill amount worth of Rs.2,68,799/- in M.Book No. 5319 A vide Agreement dated 27.01.2024, for which the name of work was “Providing CC Road from Gadilingamma (H) RamaKrishna (H) in Nagalapuram (V) of Adoni (M) execution of completion of GGMP Work under to Bellary with interest of PRI department as per agreement, to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal; arbitrary and violative of Article 14, 16 and 21 of the Constitution of India bills of total Work and consequentially to direct the respondents releasing the final amount worth of Rs. 2,68,799/- for execution of completion of GGMP under PRI Department as per agreement, to the petitioner forthwith. lA NO: 1 OF 207!^ Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances in support of the petition, the High Court may be pleased to direct the respondents releasing the Final Bill amount of Rs.2,68,799/- for execution of completion of GGMP work under PRI Department as per agreement to the petitioner forthwith, the above writ petition. pending disposal of Counsel for the Petitioner: SRI KOMMA VIJAYA Counsel for the Respondent Nos.1, 3 to 5: GP FOR PANCHAYAT RAJ RAJ KUMAR AND RURAL DEVELOPMENT Counsel for the Respondent No.2: GP FOR FINANCE AND PLANING Counsel for the Respondent Nos.6 & 7: SRI M. SUDHIR, SC FOR ZPP,MPP & GRAM PANCHAYAT The Court made the following: ORDER THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.183 of 2025 ORDER: The present Writ Petition is filed questioning the action of the respondents in not releasing the final bill amount worth of Rs.2,68,799/- in M.Book No.5319A, vide Agreement dated 27.01.2024, for which the of work was ‘for providing CC road from Gadilingamma (H) to Bellary Ramakrishna (H) in Nagalapuram (V) of Adoni (M)’. Hence, the present Writ Petition is filed to direct the respondents to pay the final bill amount of Rs.2,68,799/- with interest. Learned Government Pleader appearing for the respondents furnished proceedings addressed by the Executive Engineer, PRI Division, Adoni, to the Government Pleader, Panchayat Raj and Rural Development, High Court of A.P., Amaravati. As seen from the remarks column of the said proceedings, it transpires that the respondents are unable to pay the amount due to insufficient funds and a letter was addressed to the District Collector, Kurnool through SE PR Kurnool for releasing of the budget and as and when the amount released by the competent authority, payment will be arranged to the petitioner. As seen from the aforesaid proceedings, the respondents have admitted the work executed by the petitioner and the amount due to the petitioner for execution of the work. Hence, the Writ Petition is disposed of, directing the respondents to pay the admitted amount due to the petitioner within a period of four name 2. 3. 4. 2 4 (4) weeks from the date of receipt of a the petitioner is entitled to interest @ 6% the order till the date of realization. As a sequel thereto, Interlocutory Applications shall stand closed. copy of this order, failing which, per annum from the date of There shall be no order as to costs. pending, if any. ^^|d/;B.PRASADA RAO ASSISTANT registrar / //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary to Government, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, A.P. Secretariat Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary to Government, Finance Department, State Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. of 3. The Commissioner,(PR|), Panchayat Raj and Rural Development Department, Office at Nakkal Road, Suryarao Peta, Vijayawada. 4. The District Collector, (Panchyat Raj Wing) Kurnool, at Kurnool District 5. The Executive Engineer, PRI Division, Adoni Kurnool District. 6. Nagalapuram Grama Panchayat, NagalapuramVillage, Adoni (M) Kurnool District. 7. The Mandal Engineer Officer, MPP, Adoni (M), Kurnool District. 8. One CC to Sri Komma Vijaya Raj Kumar, Advocate [OPUC] 9. One CC to Sri M. Sudhir, SC for ZPP, MPP & Gram PanchayatjOPUC] 10. Two CCs to GP for Panchayat Raj and Rural Development, of Andhra Pradesh. [OUT] 11. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT] 12. Three CD Copies. High Court ssb HIGH COURT DATED:24/02/2025 ORDER WP.No.183 of 2025 :r 19 MAR 2025 ^ Current Section DISPOSING OF THE W.P. WITHOUT COSTS