IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 22226 OF 2024 Between: Rahamath Hussain, S/o. Abul Sammad, aged about 46 years, R/o. 1-130, D. Honnur(V), B.C. Colony, Bommanahal Mandal, Honnur, Ananthapur District, A.P. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi,Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department Secretariat, Velagapudi, Guntur District. 3. The Commissioner of Panchayat Raj and Rural Development, D. No. 12- 47, PVS Icon, Pathuru Cross Road, Tadepalli, Amaravathi, Andhra Pradesh. 4. The District Collector, Ananthapur District, Aananthapur. 5. The Executive Engineer, P.R.I. Division, Rayadurgam, Aananthapur District. 6. The Mandal Parishad Development Officer, Bommanahal Mandal, Aananthapur District, A.P. 7. Edubadu Grama Panchayat, Rep. by Panchayat Secretary, D Honnur Panchayat, Bommanahal Mandal Aananthapur District, A.P. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith pleased to issue a Writ, Order or direction more particularly one Writ of Mandamus declaring the inaction on the part of the respondents herein not releasing the total bills amount worth of Rs.4,84,134/-(Rupees Four lakhs eighty four thousand the High Court may be in the nature of one hundred and thirty four only) with interest @ per the Judgment of this Hon'ble Court In 12percent p.a., No.19525/2021 (W.P. No. 10038/2021 as W.P. and Batch) dated 05.10.2021 under grant of ISthFinance Corporation to the petitioner till today after Two works and causing heavy loss with Interest execution of even though the works were 14, 16 and 21 completed within time as illegal, arbitrary and violative of Article of the Constitution of India and consequentially direct the Respondents to release and pay the total bills amount of Rs.4,84,134/- (Rupees Four lakhs eighty four thousand one hundred and thirty four only) with Interest under of 15TH Finance Corporation forthwith to the petitioner. lA NO: 1 OF 2024 grant Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court the respondents to release and may be pleased to direct pay the total bills amount worth of Rs.4,84,134/- one hundred and thirty four only) with j to the petitioner, pending (Rupees Four lakhs eighty four thousand Interest under grant of 15th Finance Corporation forthwith disposal of the above writ petition. Counsel for the Petitioner: SRI SRINIVASA RAO NARRA Counsel for the Respondents No.1,3,5: GP FOR PANCHAYAT RAJ RURAL DEVELOPMENT Counsel for the Respondent No.2: GP FOR FINANCE Counsel for the Respondent No.4: GP FOR REVENUE Counsel for the Respondents No.6,7: SRI M SUDHIR (SC FOR PANCHAYAT) AND PLANNING GRAM The Court made the following: ORDER THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 22226 of 2024 ORDER: The present Writ Petition is filed under Article 226 of Constitution of India for the following relief/s: “ pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents herein not releasing the total bills amount worth of Rs.4,84,134/- (Rupees Four lakhs eighty four thousand one hundred and thirty four only) with interest @ 12% p.a., as per the Judgment of this Hon’ble Court in W.P. No.19525/2021 (W.P. No.10038/2021 & Batch) dated 05.10.2021 under grant of 15 Corporation to the petitioner till today after execution of Two works and causing heavy loss with interest even though the works were completed within time as illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequentially direct the Respondents to release and pay the total bills amount of Rs.4,84,134/- (Rupees Four lakhs eighty four thousand one hundred and thirty four only) with interest under grant of 15*'^ Finance Corporation forthwith to the petitioner and pass such other order or orders th Finance Despite the petitioner has executed the work, the respondents 2. have not released the total bill amount worth of Rs.4,84,134/-. Therefore, the present Writ Petition is filed to direct the respondents to pay the aforesaid amount with interest @ 12% per annum. w 2 The 6*^ and 7*^ respondents have filed their counter affidavit. It 3. is asserted at para No.3 of the Affidavit, that the petitioner has completed the proposed work and the said work was duly recorded and check measured by the competent Engineering Authorities vide M.B. NO.167/B/MPP/2019-20 and M.B. No.168/B/MPP/2019-20. After check-measurement, the petitioner has presented the M.Book to the Gram Panchayat authorities for making payment. The then Gram Panchayat Secretary, has processed the bill for payment through CFMS (Comprehensive Financial Management System) with the consent of Grama Panchayat Sarpanch. But the entire funds have been adjusted towards current consumption charges. As and when the Panchayat receives grant from the IS**" Finance Commission, the bills amount will be paid to the petitioner herein. 4. On perusal of the counter affidavit, the respondents did not dispute the execution of the work by the petitioner herein and the amount due to the petitioner herein. It is the only contention raised by the respondentsthat there are no sufficientfunds for clearing bills, and on receipt of the grants from the 15*^ Finance Commission, the amount will be paid to the petitioner. The petitioner has executed the work as per the agreement in the year 2019-2020. Even after lapse of four years, the respondents have not paid the amounts. The petitioner has to sustain his life. 5. 3 Therefore, this Court inclined to dispose of the Writ Petition, directing the respondents herein to pay the amount due to the petitioner within a period of two months from the date of order. Failing which, the petitioner is entitled for interest @ 6% per annum from the date of Writ Petition to the date or realization. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any, in this Writ Petition, shall stand closed. Sd/- A. ViJAYA BABU ASSISTANT REGISTRAR SECTION OFFICER //true copy// To, ■ Andhra Pradesh, Panchayat Raj and , Secretariat, Velagapudi, Guntur District, of Andhra Pradesh, Finance Department Principal Secretary, State of Rural Development Department 1. The The Principal Secretary, State Secretariat, Velagapudi, Guntur District. 2. land Rural Development, D. No. 12- Road, Tadepalli, Amaravathi, Andhra The Commissioner of Panchayat Raj 3. 47, PVS Icon, Pathuru Cross Pradesh. The District Collector, Ananthapur District, Aananthapur. , Rayadurgam, Aananthapur 4. 5. The Executive Engineer, P.R.l. Division District. 6. The Mandal Parishad Aananthapur District, A.P. Development Officer, Bommanahal Mandal 7. The Paanchayat Secretary, Edubadu Grama Panchayat, D Honnur Panchayat, Bommanahal Mandal Aananthapur District, A.P. 8. One CC to SRI. SRINIVASA RAO NARRA, Advocate [OPUC] 9. Two CCs to GP FOR PANCHAYAT RAJ RURAL DEVELOPMENT, High Court of Andhra Pradesh. [OUT] 10. Two CCs to GP FOR FINANCE AND PLANNING, High Court of Andhra Pradesh. [OUT] 11. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh. [OUT] 12. One CC to SRI. M. SUDHIR, Advocate (SC FOR GRAM PANCHAYAT) [OPUC] 13. Three C.D.Copies nm HIGH COURT DATED:06/02/2025 ORDER WP.No.22226 of 2024 fe 0 3 MAR 20?5 | Current Section DISPOSING OF THE WP WITHOUT COSTS