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High Court of Andhra Pradesh · body

2025 DAILYLAW 24609 (AP)

Borra Karuna, v. The State of Andhra Pradesh,

WP/17703/2025 · 2025-08-12

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010347522025 IN THE HIGH COURT OF ANDHRA AT AA/IARAVATI (Special Original Jurisdiction) thirteenth day of august#^ TWO THOUSAND AND TWENTY FIVE PRADESH * V../ PRESENT the honourable SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 17703 OF 7n7c W'-' Between: Borra Karuna, W/o. Saibabu. 1-88, Rajupeta Colony, Sitharama Raju District. Aged about 35 Yrs, Occ; Business, Varatamachandrapuram, R/o D. No. Alluri V.R.Puram ...petitioner „ AND 1. The state of Andhra Pradesh, Rep. by its Principal Secretary — velapapodi, 2. The District Coiiector, Aliuri Sitharama Raju DisbTct, Paderu. 3. The Tahstidar, V.R. Puram Mandai, Aiiuri Sitharama Raju District . S«. »«„ ,,, oZr Revenue Secretary Guntur ...RESPONDENTS Petition under Article 2^6 pleased to issue an order, writ or direction, the High Court may be more particularly one in the nature J on the part of the paying the pending bills for of Writ of Mandamus declaring the action respondents an amount of herein in not releasing and Rs.4, 16,601 (Rupees Four Lakhs Jixteen Thousand Six Hundred and One Only) withjnterest at the rate of 12% p.a. till today and causing heavy loss i%gal, arbitrary and violative of Articles 14,19 & 21 of Constitution of India Snd conseq^uently, direct the respondents to release and pay the bills amount .4,16,601 (Rupees Four Lakhs Sixteen Thousand Six Hundred and One l|) with an interest of 12% p.a. to the petitioner forthwith. IAIQO: 1 OF 90?!^ as : X* U- ..-'i-T- " 1 ¥ ' Petition under Section 151 CPC in the affidavit filed i praying that in the circumstances stated in support of the petition, the High Court may be pleased to direct the respondents to forthwith , of Rs.4,16':601 (Rupees Four Lakhs Only) along with interest of 12% pay and release of pending bill an amount Sixteen Thousand Six Hundred and One p.a. to the petitioner, pending disposal of the above writ petition. Counsel for the Petitioner: SRI Counsel for the Respondent Nos. Counsel for the Respondent No. The Court made the following order: PRATHIWADA VARUN KUIVIAR 1 to 3: GP FOR REVENUE V' ■ 4:GP FOR FINANCE AND Pj^NNING APHC010347522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR [3330] RAO WRIT PETITION NO: 17703/202^ Between: 1.BORRA KARUNA., W/0 SAIBABU, YRS, OCC- BUSINESS COLONY. ALLURI SITHARAMA RAJU DISTRICT. AGED ABOUT 35 R/0 D. NO. 1-88, RAJUPETA VARATAMACHANDRAPURAM.V.R.PURArvI, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MANAGEMENT) DEPARTMENT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, ALLURI SITHARAMA RAJU DISTRICT, PADERU. 3.THE TAHSILDAR, V.R. PURAM MANDAL, SITHARAMA RAJU DISTRICT. REVENUE (DISASTER A.P. SECRETARIAT, ALLURI 4.THE STATE OF ANDHRA PRADESH, REP. BY ITS FINANCE SECRETARY DEPARTMENT, A.P. SECRETARIAT, PRINCIPAL FINANCE VELAGAPUDI, 2 W.P.NO.1770O bv AMARAVATI, GUNTUR DISTRICT. ...RESPONDENT(S): 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 tomay be pleased to issue an order, writ or direction. more particularly one in the nature of Writ of Mandamus declaring the action on the part of the respondents herein in not releasing and paying the pending bills for amount of Rs.4,16,601 (Rupees Four Lakhs Sixteen Thousand Six Hundred and One Only) with interest at the an rate of 12percent p.a. till today and causing heavy loss as illegal, arbitrary and violative of Articles 14,19 and 21 of Constitution consequently, direct the respondents to release and pay the bills amount of Rs.4,16,601 (Rupees Four Lakhs Sixteen Thousand Six Hundred and One Only) with an interest of 12percent p a to the petitioner forthwith and to of India and pass lA NO: 1 OF 202jS 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 may be pleased to direct the respondents to forthwith pay and release of pending bill amount of Rs.4,16,601 (Rupees Four Lakhs Sixteen Thousand Six Hundred and One Only) along with interest of 12% i petitioner, pending disposal of the above writ petition and to an p.a. to the ' pass Counsel for the Petitioner: 1.PRATFIIWADA VARUN KUMAR Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR FINANCE PLANNING 3 TRR,J W.P.N0.17703 0F2025 The Court made the following ORDER:- Precisely the grievance of the petitioner is with regard to non-payment of the admitted bill for the work executed by the petitioner. 2. Learned Assistant Government Pleader furnished proceedings addressed by the District Collector/2"'^ respondent, wherein it is stated that “It is respectfully submitted that during July/August 2022, heavy rains occurred in VR Puram Mandal of ASR District, and due to the rains, flood occurred in all habitations of VR Puram Mandal. Prima facie, the relief camps were arranged for the flood victims. The rescue teams were stationed at VR Puram mandal for providing the relief measures and rescued the persons. In a view to provide the food to the flood victims as well as the Rescue teams, the Revenue Authorities engaged the petitioner to oversee and supply the food to them. Accordingly, she provided the food, and charged the bill for an amount of Rs.Rs.5,16,601/-towards the supply of the food. Initially, inter alia, the respondent-District Collector, ASR District sanctioned an amount of Rs.1,00,000/- (Rupees One iakh) from the funds available on receipt of the proposals received from the respondent- Tahsiidar, VR Puram vide letter dt: 21-10- 2023, by way of cheque bearing No.72001597/dt: 06/02/2024 and the same has been paid to the writ petitioner. The rest of the amount is to be paid. The Tahsiidar and staff were engaged in the flood relief and rescue operations that was taken place in Godavari- Sabari floods-2025. The deiay in payment of the balance amount of Rs.4,16,601/- to the petitioner is oniy happened due to lack of budget/funds. The payment may be made within a short period. ” \ 4 W.P.NO.17703 0 3. As seen from the last para of the written instructions, the respondents asserted that an amount of Rs.1,00,000/- was paid 1 by way of cheque bearing No. 72001597, dated 06.02.2024 and the balance amount of Rs.4,16,601/- has to be paid to the petitioner and the same has not been paid due to lack of budget and funds. 4. As the respondents have not only disputed but admitted, an amount of Rs.4,16,601/-, due to the petitioner for the work executed, therefore, the respondents are hereby directed to release the admitted amount within a period of six (06) weeks from the date of receipt of a copy of this order. Failing which, the petitioner is entitled to interest at the rate of 6%, from the date of petition, till the date of realization. 5. Accordingly, the Writ petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending in this Writ Petition shall stand closed. Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR / //TRUE COPY// SECTION OFFICER To, Revenue (Disaster Management) Department, State of Andhra Pradesh, A.P. Secretariat. Velagapudi, Amaravati, Guntur District. 1. The Principal Secretary V 2. The District Collector, Alluri Sitharama Raju District, Paderu. 3. The Tahsildar, V.R. Puram Mandal, Alluri Sitharama Raju District. 4. The Principal Finance Secret^", Finance Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravati, Guntur District. 5. One CC to Sri Prathiwada Varun Kumar, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 7. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] - 8. Two CD Copies. ■ ssb j ji ii 1 . HIGH COURT DATED:13/08/2025 \ ORDER WP No. 17703 OF 2025 ^ 18 SEP 2025 Ssi^ent Sectjoj^^ C3\ 'i 05 ■' o DISPOSING OF THE W.P. WITHOUT COSTS