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2025 DAILYLAW 2987 (AP)

Thorati Somaraju, v. The State of Andhra Pradesh,

WP/1095/2025 · 2025-02-20

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010009942025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY ,THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION N BETWEEN: Thorati Somaraju, The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. YASWANTH GADE Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No: 1095/2025 ...Petitioner AND The State Of Andhra Pradesh and Others ...Respondent(s) Counsel for the Petitioner: YASWANTH GADE Counsel for the Respondent(S): GP FOR PANCHAYAT RAJ RURAL DEV GP FOR FINANCE PLANNING The Court made the following: [3330] THURSDAY ,THE TWENTIETH DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO ...Petitioner ...Respondent(s) 2 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 action of the respondents in non-payment of amount due even after finalizing the bills, payable to the petitioner after the successful completion of the execution of Two works i.e. I. Construction of CC Drain From Issakoti Prasad (H) to Vittanala Chinna Papa (H) in Bhupalapatnam (V) of Rajanagaram (M) under Agreement No. /2023-24 dt.23.01.2024. II. Construction of CC Drain From Anganwadi Centre-1 to Dwarampudi Lakshmana Rao (H) and Bairisetti Srinu (H) to Rayudu Gangaraju (H) in Bhupalapatnam (V) of Rajanagaram (M) under an Agreement no. /2023-24 dt. 23.01.2024 respectively for “Gadapa Gadapaku Mana Prabhutvam” programme and for consequential direction seeking direction to the respondents to release the final bill amounts forthwith along with the interest payable to the petitioner on the principal amount and pass such other order or orders….. 2. The 4th respondent entered into agreement, vide construction agreement No. /2023-24, Dt.23.01.2024 for execution of C.C. drains from Issakoti Prasad(H) to Vittanala Chinna Papa(H) in Bhupalapatnam village of Rajanagaram Mandal and another work 3 i.e. execution of C.C. drains from Anganwadi Centre-1 to Dwarampudi Lakshmana Rao(H) and Bairisetti Srinu(H) to Rayudu Gangaraju(H) in Bhupalapatnam village of Rajanagaram Mandal, two works together valued Rs.7,20,000/-. The petitioner has executed the work and despite several representations made by the petitioner, the respondent authorities have not paid the amounts for the work executed by the petitioner. Hence, the present Writ Petition. 3. This Court specifically pointed out that the Writ Petition number in column No.15 of proceedings furnished to the Court was in correctly stated as W.P. No.235 of 2025 rather than W.P. No.1095 of 2025. For which, the Assistant Government Pleader answered that the written instructions pertains to W.P. No.1095 of 2025, which was addressed by the Executive Engineer, RWS&S Division, to the Government Pleader, PR&RD Department, High Court of Andhra Pradesh, dated 20.02.2025. 4. As seen from the remarks column of the written instructions, the two works are administratively sanctioned under Gadapa Gadapaku Mana Prabhutvam (GGMP), grant and budget is not available in the NIDHI Portal for creation of bills to the Pay and 4 Accounts Office for making payment, the bills shall be submitted as and when the Government release the budget in NIDHI Portal. 5. As seen from the remarks column, the respondents are not disputed execution of work and the amounts due to the petitioner herein. And it transpires that the respondents are not able to pay the amounts as there are no amounts in the NIDHI Portal. 6. Therefore, the present Writ Petition is disposed of directing the respondents to pay the admitted amount of Rs.5,58,650/- to the petitioner herein within a period of eight weeks from the date of receipt of the order, failing which, the petitioner is entitled for interest @ 6% per annum, from the date of Writ Petition till the date of realization. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending in this Writ Petition shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 20.02.2025 Harin 5 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO 85 W.P.No. 1095 OF 2025 Date: 20-02-2025 Harin 6