Extracted from the PDF above. The PDF is authoritative.
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: 28354 OF 2024 Between: Sri D.Papaiah, S/o. D.Vengamuni, Aged about 44 years, R/o 8/54A, Nallappureddy Palli, Pulivendula, YSR Kadapa District, Andhra Pradesh. ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary Finance and Planning Department, Secretariat Buildings, Velagapudi Amaravathi, Guntur District. 2. The Superintendent Engineer, PRI Division, YSR Kadapa District. 3. The Executive Engineer, PRI Division, Pulivendula, YSR Kadapa District. 4. The Assistant Pay and Accounts Officer, (Works and Accounts), Pulivendula YSR Kadapa District. 5. Officer on Special Duty, Pulivendula Area Development Agency Pulivendula, YSR Kadapa District. ...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 Writ or Order or a direction, more in the form of writ of
mandamus, declaring the action of the Respondents in not making the balance pending payment of Rs. 1,07.018/- (Rupees One lakh Seven thousand Eighteen rupees only) to the petitioner for Construction of 3 Rows of 1000mm dia RCC Pipe Culvert near Panchalingala Kona Road of Erraballi GP of Pulivendula Mandal in YSR Kadapa District., vide Ag.No. /2021-2022, dated 27.12.2021 as highly illegal, irregular, arbitrary, unreasonable, unjustified, unfair and in violation of the Article 14, 19 and 21 of the Constitution of India and consequently direct Respondents to make the payment of aforementioned amount forthwith along with interest @ 24 percent P.A., to the petitioner. 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 pay an amount Rs. 1,07,018/- (Rupees One lakh Seven thousand Eighteen rupees only) to the petitioner for Construction of 3 Rows of 1000mm dia RCC Pipe Culvert Panchalingala Kona Road of Erraballi GP of Pulivendula Mandal Kadapa District., vide Ag.No. /2021-2022, dated 27.12.2021, disposal of WP.No of 2024 before this Hon’ble Court Counsel for the Petitioner: SRI. T NAGARJUNA REDDY Counsel for the Respondent Nos. 1&4: GP FOR FINANCE PLANNING Counsel for the Respondent Nos.
2,3&5: GP FOR PANCHYAT RAJ AND RURAL DEVELOPMENT near in YSR pending The Court made the following order:
V THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.28354 of 2024
ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s;
" to issue Writ or Order or a direction, more in the form of writ of mandamus, declaring the action of the Respondents in not making the balance pending payment of Rs. 1,07,018/- (Rupees One lakh Seven thousand Eighteen rupees only) to the petitioner for Cosntruction of 3 Rows of 1000mm dia RCC Pipe Culvert near Panchalingala Kona Road of Erraballi GP of Pulivendula Mandal in YSR Kadapa District, vide Ag.No. /2021 -2022, dated 27.12.2021." s
2. The present Writ Petition is filed aggrieved by the action of the respondents in not making the balance pending payment of Rs. 1,07,018/- to the petitioner for construction of 3 rows of 1000 mm dia RCC pipe culvert near Panchalingala Kona Road of Erraballi GP of Pulivendula Mandal in YSR Kadapa District. The Executive Engineer, PRi Division, Pulivendula, has filed As seen from the said written instructions, it transpires that the petitioner has executed the work and the bill was submitted through LOA for uploading the bill by the District Collector, YSR Kadapa District, vide proceedings Rc.No.A4/49/2021 dated 20.12.2023 for Rs. 1,18,909/- while uuploading the bill the token was not raised due to non-availability of BRO and the letter is addressed to the
3. written instructions.
A 2 District Collector, Kadapa, vide proceedings R.C.No.SA2/18/Court cases/Pulivendula/2024 dated 06.12.2024 for release of budget.
4. As seen from the above proceedings of the Executive Engineer, the respondents are not disputing the execution of the work or the entitlement of the money for the execution of the work. Therefore, the Writ Petition is
disposed of, directing the respondents herein to release the amount due to the petitioner herein within a period of four (04) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
5. As a sequel thereto. Interlocutory Applications pending, if any, shall stand closed.
Sd/- N. NAGAMMA ASSISTANT REGISTRAR S^GTfC^ OFFICER //TRUE COPY// / To
1. The Principal Secretary Finance and Planning Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Amaravathi, Guntur District.
2. The Superintendent Engineer, PRI Division, YSR Kadapa District.
3. The Executive Engineer, PRI Division, Pulivendula District.
4. The Assistant Pay and Accounts Officer, (Works and Accounts), Pulivendula YSR Kadapa District.
5. Officer on Special Duty, Pulivendula Area Development Agency, Pulivendula, YSR Kadapa District.
6. One CC to Sri. T Nagarjuna Reddy Advocate [OPUC] YSR Kadapa
7. Two CCs to GP for Finance Planning, High Court Of Andhra [OUT]
8. Two CCs to GP for Panchyat Raj and Rural Development, High Court Of Andhra Pradesh. [OUT]
9. Three CD Copies Pradesh. i GSC
# HIGH COURT DATED;06/01/2025
ORDER WP.No.28354 of 2024 g 17 JAN 2025 S Current Section . 7/ DISPOSING OF THE WP WITHOUT COSTS