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2025 DAILYLAW 35562 (AP)

PICCHI REDDY DAKA v. THE STATE OF ANDHRA PRADESH

WP/30549/2024 · 2025-02-04

Tarlada Rajasekhar Rao

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Judgment text

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\t IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAo" WRIT PETITION NO: 30549 OF 2024 Between: Picchi Reddy Daka, S/o. Lakshmareddy, Aged about 74 Years Occ Contractor, R/o. K.Uppalapadu, Uppalapadu(K), Prakasam District. ...PETITIONER AND 1. The State of Andhra Pradesh, by its Principal Secretary, Panchayathi Raj and Rural Development (RWS-I) Secretariat, Velagapudi, Amaravati, Guntur District. Department 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi District. Amaravathi, Guntur 3. The Commissioner, Department of Panchayat Raj and Rural Development, NH-16, Tadepalli, Guntur District. 4. The District Collector (Panchayat Wing), Prakasam District 5. The Engineer-in-Chief, Rural Water Supply and Sanitation (RWS & S), Vijayawada, Krishna District. 6. The District Program Co-ordinator, Mahatma Gandhi National Rural - Employment Guarantee Scheme (MGNREG) Prakasam District at Ongole. 7. The Superintending Engineer, RWS & District. 8. The Executive Engineer, RWS & S Division, Ongole, Prakasam District, i at Ongole. Department S Circle Ongole, Prakasam 9. The Deputy Executive Engineer, RWS & S Sub Division, Singarayakonda, Prakasam District. 10. The Assistant Engineer, Mandal Praja Parishad, Kondapi Mandal, Prakasam District. * 11. The Panchayat Secretary-cum- Executive Authority, K.Uppalapadu Gram- Panchayat under MGNREG Scheme, Kondapi Mandal', Prakasam District. 12. The Pay-and-Accounts Officer, Director of Accounts Department, Vijayawada, Krishna 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 an order, writ or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in non- compliance of FTR Number 8087519000625 Dated. 29/02/2020 an Amount of Rs. 1,38,198/-, FTR Number 8087521000164 Dated, 06/09/2021 amount of Rs. 1,24,645/-, FTR Number 8087520900264 Dated. 04/03/2021 an amount of Rs.2,73,967/-, FTR Number 8087520900265 dated 04/03/2021 an amount of Rs.2,66,674/- comprising in total Amount of Rs.8,03,484/-(Eight Lakhs Three Thousand Four Hundred and Eighty Four rupees only) in respect of work ID 087754219022080003 pursuant to the work executed vide Providing CC Open Drainage System with Cover Slab under MGNREGS in convergence with funds at location M.Madhava House to Ch. Koti Lingam as illegal, arbitrary and in violation of Article 14 of the Constitution of India and consequently direct the respondents to amount of Rs.8,03,484/- (Eight Lakhs Three Thousand Four Hundred and Eighty Four rupees only) due to the petitioner with interest in respect of execution of afore mentioned works forthwith. an pay ah 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 take steps for paying the amount of Rs.8,03,484/- (Eight Lakhs Three Thousand Four Hundred and Eighty Four rupees only) due to the petitioner with interest pending disposal of the above writ petition. Counsel for the Petitioner: SRI SHAIK MEERAVALI Counsel for the Respondent Nos. 1, 3 & 4: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent Nos. 2 & 12: GP FOR FINANCE & PLANNING Counsel for the Respondent Nos. 5 to 10: GP FOR IRRIGATION & CAD Counsel for the Respondent No.11: SRI M SUDHIR (SC FOR ZPPS, MPPS & GRAM PANCHAYAT) The Court made the following: ORDER w f- -. THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.30549 of 2024 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief: " to issue an order, writ or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in non-compliance of FTR Number 8087519000625 Dated: 29.02.2020 an Amount of Rs. 1,38,198/-, FTR Number 8087521000164 Dated; 06/09/2021 an amount of Rs. 1,24,645/-, FTR Number 8087520900264 Dated:04/03/2021 an amount of Rs.2,73,967/-, FTR Number 8087520900265 dated 04/03/2021 an amount of Rs.2,66,674/- comprising in total Amount of Rs.8,03,484/-(Eight Lakhs Three Thousand Four Hundred and Eighty Four rupees only) in respect of work ID 087754219022080003 pursuant to the work executed vide "Providing CC Open Drainage System with Cover Slab under MGNREGS in convergence with funds at location M.Madhava House to Ch.Koti Lingam" as illegal, arbitrary and in violation of Article 14 of the Constitution of India and consequently direct the respondents to pay an amount of Rs.8,03,484/- (Eight Lakhs Three Thousand Four Hundred and Eighty Four rupees only) due to the petitioner with interest in respect of execution of afore mentioned works forthwith and pass such other order or orders " 2. The present Writ Petition is filed for non-payment of bills for the work executed by the petitioner. Learned Government Pleader has furnished proceedings issued by the Executive Engineer, RWS & S Division, Ongole, to the office of the Government Pleader, dated 04.02.2025, and it shall form part of the record. 3. As seen from the said proceedings, in the remarks column, it is asserted that as per the billing M.Book, total value of the work done 4. ▼ 2 arrived for Rs. 10,29,422/- and further an amount of Rs.4,88,781/- was already paid to the petitioner and the FTOs for remaining amount of Rs.5,40,641/- was uploaded in MGNREGS site and the status of the FTOs is “To be sent to Bank” pending for clearance in MGNREGS site. 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. 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 eight (8) weeks from the date of receipt of a copy of 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. 5. 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. 3D/- K. TATA RAO DF.PUTYREGISTRAR ' SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary, Panchayathi Raj and Rural Development (RWS-I) Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The Commissioner, Department of Panchayat Raj and Rural Development, NH-16, Tadepalli, Guntur District. 4. The District Collector (Panchayat Wing), Prakasam District at Ongole. 5. The Engineer-in-Chief, Rural Water Supply and Sanitation Department(RWS & S), Vijayawada, Krishna District. r 6. The District Program Co-ordinator, Mahatma Gandhi National Rural - Employment Guarantee Scheme (MGNREG) Prakasam District at Ongole. 7. The Superintending Engineer, RWS & S Circle Ongole, Prakasam District. 8. The Executive Engineer, RWS & S Division, Ongole, Prakasam District. 9. The Deputy Executive Engineer, RWS & S Sub Division, Singarayakonda, Prakasam District. 10. The Assistant Engineer, Mandal Praja Parishad, Kondapi Mandal, Prakasam District. 11. The Panchayat Secretary-cum- Executive Authority, K.Uppalapadu Gram- Panchayat under MGNREG Scheme, Kondapi Mandal, Prakasam District. 12. The Pay-and-Accounts Officer, Director of Accounts Department, Vijayawada, Krishna District. 13. One CC to Sri Shaik Meeravali Advocate [OPUC] 14. One CC to Sri Y Koteswara Rao (SC for ZPPs, MPPs & Grama Panchayat), Advocate [OPUC] 15. Two CCs to GP for Panchayat Raj Rural Dev, High Court of Andhra Pradesh. [OUT] 16. Two CCs to GP for Irrigation & CAD, High Court of Andhra Pradesh [OUT] 17. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 18. Three CD Copies TF ■*» HIGH COURT DATED:04/02/2025 ORDER WP.No.30549 of 2024 O' g 18 FEB 2025 to// 'll . Curreni oecuon . DISPOSING OF THE W.P., WITHOUT COSTS