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2025 DAILYLAW 33497 (AP)

M MAHABOOB v. THE STATE OF AP

WP/26129/2024 · 2025-02-04

Tarlada Rajasekhar Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO -V WRIT PETITION NO: 26129 OF 2024 fS K Si \vs> rn Between: M Mahaboob Bi, W/o. Late Bakar Saheb. aged about 67 years, R/o.4-4, Kalva Orvakal Village and Mandal, Kurnool District. ...PETITIONER AND 1. The State of AP, Rep. by its Principal Secretary, Finance and Planning Department, Secretariat, Velagapudi, Guntur District 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Velagapudi, Guntur District 3. The District Collector, Kurnool District, Kurnool 4. The Executive Engineer, PRI Division, Kurnool, Kurnool District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction particularly one in the nature Writ of Mandamus, declaring the respondents in not paying the admitted bill of Rs. 3,98,113/- for the work of providing pucca internal roads/streets including drainage culverts with in a village under convergence funds at location from Teacher Venkateswarlu House to Guru Brahmamam House more action of the system and and other side roads in Kalva Bugga (Habitation) and Kalva (GP) of Orvakal Mandal under MGNREGS Scheme, vide agreement entered with 4threspondent 15.11.2017, as illegal, arbitrary, violative of Article 14 and 19(g) of the Constitution of India and consequently direct the Respondents to forthwith release the payments of above bill amount along with interest. on lA NO: 1 OF 2024 Petition under Section 151 CPC is filed 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 to forthwith process and release the pending bill of Rs. 3,98,113/- for the work of providing pucca internal roads/streets including drainage system and culverts with in a village under convergence funds at location from Teacher Venkateswarlu House to Guru Brahmamam House and other side roads in Kalva Bugga (Habitation) & Kalva (GP) of Orvakal Mandal under MGNREGS Scheme. Counsel for the Petitioner: SRI K NAGA PHANINDRA Counsel for the Respondent No.1: GP FOR FINANCE & PLANNING Counsel for the Respondent Nos. 2 to 4: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT The Court made the following; ORDER THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.26129 of 2024 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief; " to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not paying the admitted bill of Rs.3,98,113/- for the work of providing pucca internal roads/streets including drainage system and culverts with in a village under convergence funds at location from Teacher Venkateswarlu House to Guru Brahmamam House and other side roads in Kalva Bugga (Habitation) & Kalva (GP) of Orvakal Mandal under MGNREGS Scheme, vide, agreement entered with 4**^ respondent on 15.11.2017, as illegal, arbitrary, violative of Article 14 & 19(g) of the Constitution of India and consequently direct the Respondents to forthwith release the payments of above bill amount along with interest and pass such other order or orders " 2. Most the Writ Petitions are being filed with a prayer to direct the respondents to release the amounts for the works executed by the writ petitioners. The present Writ Petition is also filed to direct the respondents to pay the admitted bill amount of Rs.3,98,113/- for the work executed by the petitioner for providing pucca internal roads/streets including drainage system and culverts within a village under convergence funds at location from Teacher Venkateswarlu House to Guru Brahmamam House and other side roads In Kalva Bugga (Habitation) and Kalva (GP) of Orvakal Mandal under MGNREGS Scheme, vide agreement entered with 4**^ respondent on 15.11.2017. 3. i 2 . 4. The 4‘^ respondent-The Executive Engineer, PRI Division, Kurnool, has addressed a letter dated 21.01.2025 to the Office of Government Pleader for Panchayat Raj & Rural Development, High Court of Andhra Pradesh, which shall form part of the record. As seen from the said letter, in the remarks column, it is stated that due to lack of SDP grant, the bill was not processed for payment and a letter was addressed to the Chief Planning Officer, Kurnool for releasing of the grant. On careful examination of the said written instructions dated 21.01.2025, the respondents have not disputed about the execution of the work and the payment of amount due to the petitioner herein. 5. Therefore, exercising the jurisdiction under Article 226 of the Constitution of India, this Court is inclined to dispose of the Writ Petition, directing the respondents to pay the amount due to the petitioner herein within a period of six (6) weeks from the date of receipt of a copy of the order. Failing to pay the amount due to the petitioner, the petitioner is entitled to interest at the rate of 6% per annum from the date of Writ Petition till the date of 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, shall stand closed. 7. Sd/- A.VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// fr ^ SECTION OFFICER To, 1. The Principal Secretary, Finance and Planning Department, Secretariat, Velagapudi, Guntur District 2. The Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Guntur District 3. The District Collector, Kurnool District, Kurnool 4. The Executive Engineer, PRI Division, Kurnool, Kurnool District. 5. One C.C to Sri K Naga Phanindra, Advocate [OPUC] 6r two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT] 7. JTwd CCs to GP for Panchayat Raj & Rural Development, High Court of "Andhra Pradesh. [OUT] 8. Three CD Copies % FF HIGH COURT DATED:04/02/2025 ORDER X 2 0 MAR 2025 Current Secuon WP.No.26129of 2024 C9 DISPOSING OF THE W.P., WITHOUT COSTS