mAPHC010365582024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18841/2024 Between: 1. VADLAMUDI VENKATADRI, S/O. NAGAIAH, AGED 43 YEARS,R/O. MALLAMPETA VILLAGE, DONAKONDA MANDAL,PRAKASAM DISTRICT ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRIET- 2. THE SUPERINTENDING ENGINEER, PRI DIVISION SANTHAPETA, ONGOLE, PRAKASAM DSITRICT-523001. 3. THE CHIEF EXECUTIVE OFFICER, ZILLA PRAJA PARISHAD, NEAR SIVALAYAM TEMPLE, ONGOLE, PRAKASAM DISTRICT- 523001. 4. THE EXECUTIVE ENGINEERPRI DIVISION, ONGOLE, PRAKASAM DISTRICT. CAUSE TITLE IS AMENDED AS PER THE COURT'S ORDER DT.28.01.2025 IN I.A.NO. 02 OF 2024. 5. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT(S): 2 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 a writ order or direction more particularly, one in the nature of writ of mandamus, declaring the action of the respondents in with holding the payment of Rs. 7,67,812/- i.e 383906 for the year 2022-23 (from 24-06- 2023 to 23-09-2023) and 383906 for the year 2022-23 (from 24- 06-2023 to 23-09-2023), even after finalizing the bills payable to the petitioner in relation to the works 1) Formation of Road from ST Colony to kattakindapalli of Mallampeta GP, Donakonda Mandal Reach-1, 2) Formation of Road from ST Colony to kattakindapalli of Mallampeta GP, Donakonda Mandal Reach-2, of estimated cost of 5.00 each for the year 2022-23as bad, illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and Consequently direct the respondents to pay the amount of Rs. 3,83,906/- for the year 2022-23(From 24-06-2023to23-09-2023) and to pay the amount of Rs. 3,83,906/- for the year 2022-23 (From 24-06-2023 to 23-09-2023) with interest @24 percentage per annum for the delayed amount till date of realization and pass IA 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 pleased to direct the respondents for releasing the amounts payable to me, pending disposal of the writ petition and pass IA NO: 2 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 may be pleased to permit the petitioner to substitute “ The Superintending Engineer, PRI Division, Santhapeta, Ongole, Prakasam District, the Executive Engineer(PRI Division), Ongole, Prakasam District.” for the existing 2nd , 4rt respondent in cause title in the interest of justice and pass Counsel for the Petitioner: 1. PAVAN KUMAR PASUPULETI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING 3 3. Mattegunta.Sudhir, Standing Counsel For Z.P.Ps, M.P.Ps,Gram Panchayats The Court made the following: 4 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18841/2024 The Court made the following Order: Heard the learned counsel for the petitioner, the learned Government Pleader for Panchayat Raj Rural Development, Finance and Planning and the learned Standing Counsel appearing for the respondents. 2. The Writ Petition is filed under Article 226 of Constitution of India for the following relief: “…to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in with holding the payment of Rs.7,67,812/- i.e., 3,83,906 for the year 2022-23 (from 24-06-2023 to 23-09-2023) and 3,83,906 for the year 2022-23 from 24-06-2023 to 23-09-2023 even after finalizing the bills payable to the petitioner in relation to the works 1 Formation of Road from ST Colony to kattakindapalli of Mallampeta GP Donakonda Mandal Reach1, 2) Formation of Road from ST Colony to kattakindapalli of Mallampeta GP Donakonda Mandal Reach2 of estimated cost of 5.00 each for the year 2022-23as bad illegal arbitrary improper unjust and against the Article 21 of Constitution of India and Consequently direct the respondents to pay the amount of Rs.3,83,906/- for the year 2022-23 From 24-06-2023 to 23-09-2023 and to pay the amount of Rs.3,83,906/- for the year 2022-23 From 24-06-2023 to 23-09-2023 with interest 24 percentage per annum for the delayed amount till date of realization and pass…” 3. Learned counsel for the petitioner submits that the claim of the petitioner herein is that, the petitioner was entrusted work for formation of the roads from ST Colony to Kattakindapalli of Mallampeta Gram Panchayat, Donakonda Mandal, Reach-1 & 2 at the estimated cost of Rs.5,00,000/- each and also entered into an agreement to that effect with the respondent No.4 5 herein on 24.06.2023. Pursuant to the entrusted works and terms of the agreement, the petitioner herein completed both the works and after the said completion, the respondent No.4 also measured the works and approved the amounts to be payable to the petitioner by the respondents. Even after approval, the respondents have not paid the amounts to the petitioner. Hence the Writ Petition. 4. On the other hand, the learned Government Pleader appearing for the respondents has placed before the Court a copy of written instructions received from the respondent No.4, dated 11.02.2025, wherein it is stated that the quality control/Statutory recovery amount of Rs.1,71,946/- is rejected and the balance total amount of Rs.8,27,974/- was already paid to the petitioner in two bills under CMDF grant through CFMS Id Numbers. (1) 2024-9021824, Rs.4,13,987 and (2) 2024-9021832, Rs.4,13,987/- is paid on 13.01.2025. 5. Considering the submissions made in the written instructions of the learned Government Pleader for the respondent No.4, dated 11.02.2025, it is clear that the amount claimed by the petitioner was already paid on 13.01.2025 and therefore, no further orders are necessary in the Writ Petition. 6. In view of the same, the Writ Petition is closed, accordingly. There shall be no order as to costs. 6 Consequently, miscellaneous applications pending, if any, shall stand closed. ______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Dated: 15.09.2025 MSI 7 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18841/2024 Dated: 15.09.2024 MSI