IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 26757 OF 2024 Between: Desamsetti Tirupathi Rao, S/o D Rama Rao aged about 31 years Occ Contractor, old. D.No. 3-1-17, boat street panduchery, 533464. surya mansion, yanam. ...Petitioner AND 1. The State of Andhra Pradesh, rep by its Principal Secretary, Rural water supply and Sanitation department, secretariat buildings, velagapudi, Amaravati. The District collector. Dr Br Ambedkar Konaseema dist, Amalapuram. The Superintending Engineer, RWS Circle Office, East Godavari Dist. (presently Kakinada Dist. Kakinada) The Executive Engineer, RWS and S Division East Godavari Dist.(presently Kakinada Dist.Kakinada) The Deputy Executive Engineer, R.W.S and S Sub division, Amalapuram Dr. Br Ambedkar konaseema dist. The State of Andhra Pradesh, rep by its principal secretary, finance and planning department, secretariat buildings, velagapudi, Amaravati. 2. 3. 4. 5. 6. 7. The Bheemanapalli Grampanchayat, Rep. by its Secretary, Bheemanapalli Village, Uppalaguptham Mandal, Dr. BrAmbedkar konaseema dist ...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 a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declaring the inaction on the part of the respondents herein not releasing and pay the total bill amounts worth of Rs.7,89,935/- along with interest at 6 percent per annum, in view of the judgment of the Hon’ble Division Bench of this court in Writ Appeal No.724/2021 and batch dt 12-10-2023 to the petitioner for execution of the work as illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents to release and pay the total bill amounts worth of Rs.7,89,935/- with interest at 6 percent per annum, to the petitioner 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 and pay the total bill amounts worth of Rs. 7,89,935/- along with interest @6% per annum, in view of the Judgment of the Hon’ble Division Bench of this Court in Writ Appeal No. 724/2021 and batch dt. 12-10-2023 to the petitioner forthwith disposal of the above writ petition. pending Counsel for the Petitioner: M/s SAMEERA BOKKA Counsel for the Respondent Nos. 1 to 5: GP FOR IRRIGATION AND CAD Counsel for the Respondent No.6: GP FOR FINANCE PLANNING THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 26757 of 2024 ORDER: This 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 to declaring the action on the part of the respondents herein not releasing and pay the total bill amounts worth of Rs.7,89,935/- along with interest @ 6% per annum, in view of the judgment of the Hon’ble Division Bench of this Court in Writ Appeal No. 724/2021 and batch dt. 12.10.2023 to the petitioner for execution of the work as illegal, arbitrary and violative of Article 14, 16 & 21 of the Constitution of India and consequentially to direct the respondents to release and pay the total bill amounts worth of Rs.7,89,935/- with interest @ 6% per annum, to the petitioner forthwith and to pass such other order or orders ” It is the case of the petitioner that the Gram Panchayat vide 2. Resolution No.35, dated 28.03.2022, has approved the execution of work in the year 2022-2023 for execution of maintenance of PWS Scheme and repairs to distribution pipelines and tap repairs at various th places in Bhimanapalli Gram Panchayat under the grant of 15 Finance Commission for an amount of Rs.2,96,430/- and after last check measurements, the authorities passed the pay order for 2 Rs.2,96,430/- but not paid the same. And also allotted the execution of work to the petitioner for execution of “providing new pipeline from Kithana Cheruvu bridge to Pathala Dibba in Bheemanapalli Gram Panchayat under the grant of 15'*^ Finance Commission and after completion of work and last check measurements the authorities passed the pay order for Rs.2,95,961/- on 09.06.2022 but not paid. 3. It is the further case of the petitioner that as per the resolution of the Gram Panchayat No.20, dated 10.01.2021, the authorities of the RWS Department, Bheemanapalli, Uppalaguptam Mandal the execution of work in the year 2022-2023, financial approved year as per the instruction of the Government under the RWS department and allotted the execution of work to the petitioner for execution of removing of wet silt and sludge in drains at various places in Bheemanapalli Grama Panchayat of Uppalaguptham Mandal” under, the grant 15 Commission and after completion of work and after last measurements, the authorities passed the pay order for Rs.1,97,544/- on 11.2.2022 but not paid. Thus, the total balance bill amounts worth of Rs.7,89,935/- not paid till today. Finance check 4. Eventually, the present Writ Petition is filed for non releasing of total bill amount of Rs.7,89,935/- 5. The 4"^ respondent is filed written instructions vide proceedings dated 04.01.2025 and admitted execution of work for an amount of 3 Rs.7,89,935/- and statad that tha abova works bills wara submittad to tha Panchayuat. wara carriad out and 6. Tha raspondants hava not disputad with tha axacution of and nonpaymant of dua amounts to tha patitionar harain. work Tharafora, tha Writ Patition is disposad of diracting tha raspondants to ralaasa tha amounts for tha axacution of work within a pariod of six waaks from tha data of racaipt of tha ordar. If tha raspondants fail amount dua to tha patitionar within tha stipulatad tima, tha patitionar antitlad to intarast @ 6% par annum from tha data of Writ Patition till tha data of raalization. Thara shall ba no ordar as to costs. to ralaasa tha IS As a saqual tharato, intarlocutory applications pending, if this Writ Patition, shall stand closed. any, in / Sd/- B PRASADA RAO ASSISTAtJj^EGISTRAR SE^TtOfTOFFICER //TRUE COPY// To, 1. The Principal Secretary, Rural water supply and Sanitation department. State of Andhra Pradesh, secretariat buildings, velagapudi, Amaravati. 2. The District collector. Dr Br Ambedkar Konaseema dist, Amalapuram. 3. The Superintending Engineer, RWS Circle Office, East Godavari Dist.(presently Kakinada Dist.Kakinada) 4. The Executive Engineer, RWS and S Division East Godavari Dist.(presently Kakinada Dist.Kakinada) 5. The Deputy Executive Engineer, R.W.S and S Sub division, Amalapuram Dr. Br Ambedkar konaseema dist. ✓ 6. The principal secretary, finance and planning department, State of Andhra Pradesh, Secretariat buildings, Velagapudi, Amaravati. 7. The Secretary, Bheemanapalli Grampanchayat, Bheemanapalli Village, Uppalaguptham Mandal, Dr. Br Ambedkar konaseema dist. 8. One CC to M/s. Sameera Bokka Advocate [OPUC] 9. One CC to Sri Y Koteswara Rao SC for ZPP, MPP and GP [OPUC] 10. Two CCs to GP for Irrigation and CAD, High Court Of Andhra Pradesh. [OUT] 11. Two CCs to GP for Finance Planning, High Court Of Andhra Pradesh. [OUT] 12. Three CD Copies GSC HIGH COURT DATED:06/01/2025 ORDER WP.No.26757 of 2024 M 2 9 JAN 2Cr) I . Current Section DISPOSING THE WP WITHOUT COSTS