APHC010552692024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No: 29755/2024 Between: Chennareddygari Janardhan Reddy, ...PETITIONER AND The State of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. MARELLA RADHA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: 2 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 releasing the payments, for the works executed by the petitioner under the Grant SDF for providing works i) Providing internal CC roads and drains from U.Venkateswarlu house to Unnur Saheb house at Gangavaram Village of Sirivel Mandal through Agreement No. /2018-19 dated 31.01.2019d for an amount of Rs.1,39,321/-, ii) Providing internal CC roads and drainsfrom G.Gurrappa house to Raghavendra Sarma houseat Gangavaram Village of Sirivel Mandal through Agreement No. /2018-19 dated 26.02.2019 for an amount of Rs.43,387/-, iii) Providing internal CC roads and drainsfrom D.Kasaiah house to Maseed at Gangavaram Village of Sirivel Mandal through Agreement No.76 /2018-19 dated 26.02.2019 for an amount of Rs.32,830/-, iv) Providing internal CC roads and drains from P.Haseen Khan house to G.Raghu house at Gangavaram Village of Sirivel Mandal through Agreement No. /2018-19 dated 31.01.2019 for an amount of Rs.1,03,346/-, v) Providing C.C. road and Drain from Prakash Reddy house to HP Gas Office and other side roads at Panyam Village & Mandal through Agreement No. /2018-19 dated 20.07.2018 for an amount of Rs.1,01,286/-, vi) Providing internal CC roads and drains from B.Madarsa house to Chakali Subbarayudu house at Gangavaram Village of Sirivel Mandal through Agreement No. /2018-19 dated 20.07.2018 for an amount of Rs.1,12,587/-, vii) Providing internal CC roads and drainsfrom B. Moogenna house to C.Ch. Rangaswamy houseat Gangavaram Village of Sirivel Mandal through Agreement No. /2018-19 dated 20.07.2018 for an amount of Rs.1,12,942/-, viii) Providing internal CC roads and drains from G.Narasamma house to S. Haseena house at Gangavaram Village of Sirivel Mandal through Agreement No. /2018-19 dated 31.01.2019 for an amount of Rs.1,12,623/-, ix) Providing internal CC roads and drains from K.Venkateswarlu house to S.Hussain house at Gangavaram Village of Sirivel Mandal through Agreement No. /2018-19 dated 20.07.2018 for an amount of Rs.1,12,541/-, x) Providing internal CC roads and drains from G.Anjaneyulu house to B.Chinna balu houseat Gangavaram Village of Sirivel Mandal through Agreement No./2018-19 dated 20.07.2018 for an amount of Rs.92,721/-, xi) Providing internal CC roads and drains from from Kareemullah house to D.Babalah houseat Gangavaram Village of Sirivel Mandal through Agreement No./2018-19 dated 20.07.2018 for an amount of Rs.94,985/-, xii) providing puccainternal CC roads including drainges system and culverts from D Babalah H to K Subbaiah H at 3 Gangavaram (V) Sirivella Mandal through Agreement No./2018-19 dated 20.07.2018 for an amount of Rs.94,339/-, xiii) Providing internal CC roads and drains from T.Jayanna house to D.Dastagiri house at Gangavaram Village of Sirivel Mandal through Agreement No./2018-19 dated 20.07.2018 for an amount of Rs.91,381/-, xiv) Providing internal CC roads and drains from Pandla Dastagiri house to C.Pullanna house at Gangavaram Village of Sirivel Mandal through Agreement No./2018- 19 dated 31.01.2019 for an amount of Rs.94,659/- and xv) Providing internal CC roads and drains from N.Dastagiri house to K.Gopal house at Gangavaram Village of Sirivel Mandal through Agreement No./2018- 19 dated 31.01.2019 for an amount of Rs.70,634/- cumulative amount of Rs. 14,09,582/- with 18% per annum is 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 cumulative amount of Rs.14,09,582/- with 18% per annum to the petitioner in respect of the execution of aforementioned work forthwith and pass such other order or orders….." 2. The present Writ Petition is also filed for non-payment of bills for the work executed by the petitioner. 3. Learned Government Pleader has furnished proceedings addressed by the Executive Engineer, Panchayat Raj Division to the office of the Government Pleader, PR & RD Department, High Court of Andhra Pradesh, vide Lr.Rc.No.Court Cases/NDL/WP/29755/2024 dated 04.02.2025 and it shall form part of the record. 4. As seen from the said proceedings, in the remarks column, it is asserted that the bills are approved by the APAO, Nandyal and waiting for fund clearance. On careful examination of the said proceedings, the respondents have not disputed about the execution of the work and the payment of amount due to the petitioner herein. 5. Therefore, 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 three (3) months from the date of receipt of a copy of 4 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. 7. 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. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 04.02.2025 siva 5 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.29755 of 2024 Date: 04.02.2025 siva