IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY j TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT APPEAL NO: 1024 OF 2024 Writ Appeal under clause 15 of the Letters Patent against the order dated 16.10.2024 in WP.No.20348 of 2024 on the file of the High Court. Between: Penubarthi Grama Panchayat, Rep by its Panchayat Secretary, Penubarthi Mandal, Srikakulam District. ...Appellant/Respondent.4 AND 1. Ponnada Satyanarayana, S/o Sanyasi, Aged about 40 years, Occ. Contractor, D/No 4-42, Main Street, Almajipeta, Srikakulam District, Andhra Pradesh. ... Respondent/Writ Petitioner 2. The State of Andhra Pradesh, Rep. by its Principal Secretary for Panchayat Raj, A.P. Secretariat, Velagapudi, Guntur District. 3. The District Collector, Collector Officer, Srikakulam District. 4. The District Panchayat Officer, Collectors Officer Srikakulam District 5. The PRI, Amadalavalsa Panchayat, Rep by its Secretary, Ponduru Mandal Srikakulam District. 6. The Executive Engineer, PRI Division, Srikakulam District. 7. The Chief Engineer, Rural Water Supply and Sanitation Department, Labbipet, Vijayawada, Krishna District. 8. The Assistant Executive Engineer, RWS and S Department, Ponduru Srikakulam District. ...Respondents/ Respondents lA NO: 2 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 suspend the Judgment of the Learned Single Judge dated 16.10.2024 in WP.No.20348 of 2024 pending disposal of the Writ Appeal. Counsel for the Appellant: SRI YARRAGUNTLA KOTESWARA RAO, SC FOR ZPP, MPP & GRAM PANCHAYAT ^ Counsel for Respondent No.1:SRI SHAIK AFZAL MOHAMMED . Counsel for Respondent Nos.2,4,5 & 6: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT ■w" Counsel for Respondent No.3: GP FOR REVENUE Counsel for Respondent Nos.7 & 8: GP FOR IRRIGATION The Court made the following: Bench Sr.No;-31 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl APHC010547352024 WRIT APPEAL NO: 1024 of 2024 Penubarthi Grama Panchayat Rep by its Panchayat Secretary Penubarthi Mandal, Srikakulam District. ...Appellant Vs. ...Respondents Ponnada Satyanarayana and others ********** Yarraguntla Koteswara Rao [Standing Counsel for Zilla Praja Parishads, Mandal Praja Parishads and Gram Panchayats] Advocate for Appellant; Mr. Shaik Afzal Mohammed for R.1 GP for Panchayat Raj & Rural Development for R.2,R.4, R.5 & R6 GP for Revenue for R.3 CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI ; 18^^ February, 2025 Advocate(s) for Respondent(s); DATE PC : preferred against the judgment and in WP.No.20348 of 2024 whereby at the admission a statement made by The present writ appeal has been order, dated 16.10.2024 in stage, the petition was disposed of based upon 2 HCJ & RC, J WA 1024 2024 Government counsel that an amount of Rs.3,60,000/- was due and payable to the petitioner and would be paid in due course. Learned counsel for the appellant would submit that the judgment and order impugned is unsustainable inasmuch as the petition was decided without in the least issuing notice to the Penubarthi Gram Panchayat (appellant herein) and it was not even made a party respondent in its name and further that a show cause notice had been issued by the appellant Gram Panchayat to the petitioner highlighting the defects in the works executed by the petitioner. 2. It is stated that had the appellant been given an opportunity of being facts could have been brought to the notice of the leaned heard, all these single Judge. heard learned counsel for the parties, in our opinion, the 3. Having judgment and order impugned is passed without affording an opportunity of being heard to Penubarthi Gram Panchayat (appellant herein). Therefore, the set aside. The matter is remanded for fresh judgment and order impugned is consideration by the learned single Judge. The appellant herein shall stand incorporated as a party respondent and shall figure as respondent No.9 in the writ petition, who may file its reply. 3 HCJ & RC, J WA_1024 2024 The Writ Appeal is, accordingly allowed. Registry is directed to list WP.No.20348 of 2024, on 04.03.2025, before the learned single Judge having the Roster. 4. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. Sd/-S.V.S.R.MURTHY JOINTiREGI^RAR I //TRUE COPY// I SE OFFICER To, 1. The Principal Secretary for Panchayat Raj, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Guntur District. 2. The District Collector, Collector Officer, Srikakulam District. 3. The District Panchayat Officer, Collectors Officer Srikakulam District 4. The Secretary, PRI, Amadalavalsa Panchayat, Ponduru Mandal Srikakulam District. 5. The Executive Engineer, PRI Division, Srikakulam District. 6. The Chief Engineer, Rural Water Supply and Sanitation Department, Labbipet, Vijayawada, Krishna District. 7. The Assistant Executive Engineer, RWS and S Department, Ponduru Srikakulam District. 8. One CC to Sri Yarraguntia Koteswara Rao, SC for ZPP, MPP & Gram Panchayat [OPUC] 9. One CC to Sri Shaik Afzal Mohammed, Advocate [OPUC] 10. Two CCs to GP for Panchayat Raj & Rural Development, High Court of A.P. at Amaravati[OUT] 11. Two CCs to GP for Irrigation, High Court of A.P. at Amaravati[OUT] 12. Two CC’s to GP for Revenue, High Court of A.P. at Amaravati[OUT] 13. The Registrar(Judicial), High Court of A.P. at Amaravati. 14. The Section Officer, Writ (Non-Service), High Court of A.P. at Amaravati. 15. The Section Officer, Posting Section, High Court of A.P. at Amaravati. 16. Three CD Copies. ssb } HIGH COURT Post W.P. No.20348 of 2024 on 04.03.2025 DATED; 18/02/2025 JUDGMENT WA.No.1024 of 2024 r5f 5 21 FEB 2025 ft^ . Current Section ^ ALLOWING THE W.A. WITHOUT COSTS