Extracted from the PDF above. The PDF is authoritative.
ft 4 'f? IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 255 OF 2025 Between: N. Rajendra Prasad, S/o N. Balamukunda Prasad, aged 63 years, R/o H.No.21-2-15/41,7'^ Road, SKD Colony, Adoni, Kurnool District. ...PETITIONER AND 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. The State of Andhra Pradesh, Rep by its Principal Secretary to Government Finance Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. The Commissioner(PRI), Panchayat Raj and Rural Development Department, Office at Nakkal Road, Suryarao Peta, Vijayawada. The District Collector, (Panchyat Raj Wing), Kurnool, at Kurnool District. The Executive Engineer, PRI Division, Adoni, Kurnool District. NagalapuramGrama Panchayat, NagalapuramVillage, Adoni (M), Kurnool District. Mandal Engineer Officer, MPP, Adoni (M), Kurnool District. 1. 2. 3. 4. 5. 6. 7. ...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, that this 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.3,92,319/- in M.Book No. 5318 A vide Agreement dated 27.01.2024, for which the name of work was “Providing CC Road and Drain from C. .Kistappa (H) to C. Ganapathi (H) in Nagalapuram (V) of Adoni (M)”, with interest of execution of completion of GGMP Work under PRI department per agreement, to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement illegal, arbitrary and violative of Article 14, 16 & 21 of the Constitution India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs.3,92,319/- for execution of completion of GGMP Work under PRI Department as per agreement, to the petitioner forthwith.
as as of lA NO: 1 OF 202fi 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 releasing the Final Rs.3,92,319/-, for execution of completion of GGMP Department as per agreement to the petitioner forthwith the above writ petition. Bill amount of work under PRI pending disposal of Counsel for the Petitioner: SRI KOMMA VIJAYA RAJ KUMAR Counsel for the Respondent Nos.1, 3 to 5: GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT Counsel for the Respondent No.2: GP FOR FINANCE AND PLANNING Counsel for the Respondent Nos.6 & 7:SRI M. SUDHIR SC FOR ZPP, MPP & GRAM PANCHAYAT The Court made the following: ORDER
APHC010000502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY ,THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 255/2025 Between:
1.N RAJENDRA PRASAD, S/0 N. BALAMUKUNDA PRASAD, AGED 63 YEARS, R/0 H.N0.21-2-15/41,7TH ROAD, SKD COLONY, ADONI, KURNOOL DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, 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 FINNANCE DEPARTMENT, A.P.
SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3.THE COMMISSIONERPRI, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SURYARAO PETA, VIJAYAWADA. OFFICE AT NAKKAL ROAD, 4.THE DISTRICT COLLECTOR PANCHYAT RAJ WING, KURNOOL, AT KURNOOL DISTRICT. 5.THE EXECUTIVE ENGINEER, PRI DIVISION, ADONI, KURNOOL DISTRICT. 6.NAGALAPURAMGRAMA PANCHAYAT, NAGALAPURAMVILLAGE
2 ADONI (M), KURNOOL DISTRICT. 7.MANDAL ENGINEEROFFICER, DISTRICT. MPP, ADONI (M). KURNOOL ...RESPONDENT(S); Counsel for the Petitioner:
1. KOMMA VIJAYA RAJ KUMAR Counsel for the Respondent(S):
1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR FINANCE PLANNING Jhe Court made the following ORAL ORDER: ' Heard Sri G. Vamsi Kumar, learned Counsel appearing on behalf of Sri Komma Vijaya Raj Kumar, learned Counsel for the Writ Petitioner and Sri Panuku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development. 2. The present Writ Petition is filed claiming an amount of Rs.3,92,319/- in respect of the works done, vide Agreement dated 27.01.2024. 3.
In compliance with the Order of this Court dated 11.03.2025, Sri Panuku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development has submitted the Written Instruction furnished by the Executive Engineer, PRI Division, Adoni, dated 19.03.2025. Copy of it is also served to the learned Counsel for the Writ Petitioner. The same is taken on record. 4. The Written Instruction would indicate that the balance amount due to the Writ Petitioner is only Rs.3,34,046/- and not Rs.3,92,319/- as claimed by the Writ Petitioner. 3
5. This matter was once again called at 2.15 P.M in order to enable the
learned Counsel for the Writ Petitioner to take instructions whether the amount admitted by the Respondents would be accepted by the Writ Petitioner as full and final settlement.
6. Learned Counsel for the Writ Petitioner, on Written Instructions from the Writ Petitioner (perused by this Court), submits that the Writ Petitioner is willing to accept Rs.3,34,046/- as full and final settlement on the condition that the said amount shall be paid to the Writ Petitioner expeditiously.
7. In this view of the matter, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into merits, directing the competent authority to complete the administrative process within a period of six weeks and transfer the amount of Rs.3,34,046/- to the account of the Writ Petitioner within two weeks thereafter as full and final settlement. Writ Petitioner is directed to furnish a copy of this Order along with the details of the bank account to the competent authority within one week from today for effective compliance.
8. With these observations and directions, this Writ Petition stands allowed. No order as to costs. 9.Interlocutory Applications, if any, stand closed in terms of this order.
Sd/- G.HELA NAIDU ASSISTANT REGISTER //TRUE COPY// OFFICER SE To, The Principal Secretary to Government, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. The Principal Secretary to Government, Finance Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. The Commissioner(PRI), Panchayat Raj and Rural Development Department, Office at Nakkal Road, Suryarao Peta, Vijayawada.
1.
2.
3.
cx^>
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.
8. One CC to Sri Komma Vijaya Raj Kumar, Advocate [OPUC]
9. One CC to Sri M. Sudhir, SC for ZPP, MPP &Gram Panchayat[OPUCl
10. Two CCs to GP for Panchayat Raj and Rural Development, High Court of Andhra Pradesh. [OUT]
11. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh. [OUT]
12. Three CD Copies. ssb
HIGH COURT DATED:20/03/2025
ORDER WP.No.255 of 2025 ^ 2t MAR 2025 J cuiient Mcuon ^ ^^£oespATC!^^ ALLOWING THE W.P. WITHOUT COSTS