IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 26214 OF 2024 wei S' i II & Between: Y.Purushotham Reddy, S/o. Y.Subba Reddy, age 60 years, VWC Member R/o Pandurangapuram(V), Nandyal Mandal, Nandyal District ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayath Raj Department, A.P. Secretariat Building, Velagapudi, Amaravathi The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department A.P. Secretariat Building Velagapudi, Amaravathi The District Collector, Nandyal, Nandyal District. The Chief Engineer, Panchayat Raj Department, Vijayawada, Krishna District The Superintending Engineer, Panchayat Raj Division, Nandyal, Nandyal District. The Executive Engineer, Panchayat Raj Division, Nandyal,,Nandyal District. The Deputy Executive Engineer, Panchayat Raj Sub-Division(M), Nandyal, Nandyal District. 1. 2. 3. 4. 5. 6. 7. ...RESPONDENTS 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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the payments for the work executed by the petitioner Providing Construction of CC road with drainage system from ^urreddula Venkata Subbaiah house to Gaddala Maddilety house and other roads at Bapuji Nagar H/o Panduranga Puram Village of Nandyal(M) .as per Agreement No. 508/2023-24 dated 06.02.2024 for an amount of Rs. 4,57,308/-, as illegal, arbitrary and contrary to law and un constitution and violation of Article 14 of Constitution of India and consequently direct the respondents to release an amount of Rs. 4,57,308/-with 18% per annum to the petitioner in respect of the execution of aforementioned work forthwith. lA 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 to direct the respondents to release an amount of Rs. 4,57,308/- with interest at 18% for the work executed by the petitioner Providing Construction of CC road with drainage system from Kurreddula Venkata Subbaiah house to Gaddala Maddilety house and other roads at Bapuji Nagar H/o Panduranga Puram Village of Nandyal(M) as per Agreement No. 508/2023-24 dated 06.02.2024 for an amount of Rs. 4,57,308/-. Counsel for the Petitioner: SRI N. VENKATESH FOR SMT. MARELLA RADHA Counsel for the Respondent Nos.1, 3 to 7: SRI PANUKU RAJESH KUMAR, AGP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT Counsel for the Respondent No.2: GP FOR FINANCE AND PLANNING The Court made the following: ORDER COURT OF ANDHRA PRADESH at AMARAVATl (Special Original Jurisdiction) APHC010504152024 IN THE HIGH [3328] 0 TUESDAY THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE honourable SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD dftitiON no- 28214 OF 2024 WRIT Between; S/0. PURUSHOTHAM yEARS pandurang^apw^ nandyal mandal nandyal district ...petitioner R/0 1.Y AND ocD RY ITS PRINCIPAL secretary """"" ra/department Ip. secretariat building by its principal ' A.P. SECRETARIAT 1.THE PANCHAYATH VELAGAPUDl, AMARAVATHl ANDHRA PRADESH, REP finance department VELAGAPUDl, AMARAVATHl 2.THE STATE OF SECRETARY building 3.THE DISTRICT COLLECTOR nandyal, nandyal district, department RAJ PANCHAYAT 4.THE CHIEF ENGINEER VIJAYAWADA, KRISHNA DISTRICT PANCHAYAT RAJ DIVISION, RAJ DIVISION 5 THE SUPERINTENDING ENGINEER ' nandyal„nandyal district. EXECUTIVE ENGINEER, R nandyal district. PANCHAYAT 6.THE nandyal PANCHAYAT RAJ SUB- 2 ...RESPONDENT(S): Counsel for the Petitioner: 1.MARELLA RADHA Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.The Chief Engineer 3.GP FOR FINANCE PLANNING The Court made the following ORAL ORDER: Heard Sri N. Venkatesh, Ld. Counsel appearing on behalf of Smt. Marella Radha, Ld. Counsel for the Writ Petitioner and Sri Panuku Rajesh Kumar, Ld. Asst. Government Pleader for Panchayat Raj Development. & Rural 2. The present Writ Petition is filed seeking the following relief; “For the reasons stated above, it is prayed that this Hon ble Court may be pleased 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 releasing the payments for the work executed by the petitioner providing construction of CC road with drainage system from Kurreddula Venkata Subbaiah house Gaddala Maddilety house and other roads at Bapuji Nagar H/o. Panduranga Puram Village of Nandyal (M) as per Agreement No. 508/2023-24 dated 06.02.2024 for an amount of Rs.4,57,308/-, as illegal, arbitrary and contrary to law and un constitution and violation of Article 14 of Constitution of India and consequently direct the respondents to release amount of Rs.4,57,308/- with 18% petitioner in respect of the execution of aforementioned work forthwith and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. ” to an per annum to the 3. Sri Panuku Rajesh Kumar, Ld. Asst. Government Pleader submitted the Written Instructions dated has 17.03.2025 furnished by the 3 Executive Engineer, Panchayat Raj Division, Nandyal. Copy of it is supplied to the Ld. Counsel for the Writ Petitioner and the same is taken on record. It transpires from the record that the Writ Petitioner has made a claim for Rs.4,57,308/-. Whereas the Written Instructions furnished by the Executive Engineer would indicate that the Writ Petitioner is entitled only for Rs.4,24,523/-. 4. On instructions, Ld. Counsel for the Writ Petitioner would submit that the Writ Petitioner is willing to accept Rs.4,24,523/- as full and final settlement in lieu of the claim made by the Writ Petitioner for an amount of Rs.4,57,308/- with 18% interest per annum. In view of the submission made by the Ld. Counsel for the Writ Petitioner on instructions from the Writ Petitioner, this Court deems it appropriate to allow this Writ Petition with a direction to the Respondents to pay Rs.4,24,523/- to the Writ Petitioner as full and final settlement. Let the whole process be completed by the Respondents within six weeks from today and remit the said amount to the account of the Writ Petitioner within two weeks thereafter. 5. 6. 7. The Writ Petitioner is directed to furnish the Bank Account Details to Respondent No.6 within compliance. one week from today for effective 8. With these observations and directions, this Writ Petition stands allowed. No order as to costs. 9. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- G.HELA N^DU assistant REGISTRAR //TRUE COPY// SECTION OFFICER To, Principal Secretary, Panchayath Raj Department, State of Andhra 1. The Pradesh, A.P. Secretariat Building, Velagapudi, Amaravathi -4 2. The Principal Secretary, Finance Department, State of Andhra Pradesh, A.P. Secretariat Building Velagapudi, Amaravathi 3. The District Collector, Nandyal, Nandyal District. 4. The Chief Engineer, Panchayat Raj Department, Vijayawada, Krishna District 5. The Superintending Engineer, Panchayat Raj Division, Nandyal, Nandyal District. 6. The Executive Engineer, Panchayat Raj Division, Nandyal,.Nandyal District. 7. The Deputy Executive Engineer, Panchayat Raj Sub-Division(M), Nandyal, Nandyal District. 8. One CC to Smt. Marella Radha, Advocate [OPUC] 9. Two CCs to GP for Panchayat Raj and Rural Development, High Court of Andhra Pradesh. [OUT] 10. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh. [OUT] 11. Three CD Copies. 'j ssb HIGH COURT DATED;18/03/2025 ORDER WP.No.26214 of 2024 o * 21 MAH 2025 o €0. Current Section . allowing the w.p. without costs