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2025 DAILYLAW 3653 (AP)

KESAMREDDY KRISHNA REDDY v. THE STATE OF ANDHRA PRADESH

WP/1650/2025 · 2025-02-17

Tarlada Rajasekhar Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 1650 OF 2025 Between: Kesamreddy Krishna Reddy, S/o. Bujji Reddy, Aged about 64 Members of NWC/Contractor, R/o.D.No.2-112 Palem, Lingasamudram, SPSR Nellore District. years, Occ. Main Raod, Thimmareddy ...PETITIONER AND 1. The State of Andhra Pradesh rep. by its Principal Secretary, Panchayat Raj and Rural Department, Secretariat, Velagapudi, Amaravati Guntur District. 2. The State of Andhra Pradesh, rep. by its Principal Secretary, Finance Department, Secretariat, Velagapudi, Amaravati, Guntur District 3. The Executive Engineer, PRI Division, Kavali, SPSR Nellore District. 4. The Deputy Executive Engineer, PRI Sub-Division, Nellore District. 5. The Assistant Engineer, Mandal Praja Parishad, SPSR Nellore District. 6. The Thimmareddypalem Gram Panchayat, rep. by its Panchayat Secretary, Thimmareddypalem Village Lingasamudram Mandal Nellore District. Kandukur, SPSR Lingasamudram, SPSR ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more f particularly one in the nature of Writ of Mandamus declaring action of the Respondents in not releasing the bill amount Covered by GGMP Grant worth of Rs. 1.78,000/- for Providing CC Road form Main road to Daggumafi ’ Mohan Rao(H) in Thimmareddypalem(V) of Lingasarnudram Mandal vide work ID No. PR- 5150-34690 for Agreement No. /2023-24 dated.09.02.2024 and causing heavy loss with interest even though total works were completed within time as illegal, arbitrary and violation of Article 14, 16 and 21 of Constitution of India and consequently direct the Respondents to release and pay the sum of Rs. 3,27,913/- with the interest at the rate of 12% per annum from the due date till realization to the petitioner forthwith. ^ lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 sum of Rs. 1,78,000/- with the interest at the rate of 12% per annum from the due date till realizatipjrto the petitioner forthwith pending disposal of the above writ petition. ^ Counsel for the Petitioner: SRI SHAIK MEERAVALI Counsel for the Respondent No.1, 3 to 5: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING Counsel for the Respondent No.6: SRI M SUDHIR (SC FOR ZPPS, MPPS &GP) The Court made the following: ORDER \ / THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.1650 of 2025 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 action of the Respondents in not releasing the bill amount covered by GGMP Grant worth of Rs. 1,78,000/- for “Providing CC Road from Main road to Daggumati Mohan Rao (H) in Thimmareddypalem (V) of Lingasamudram Mandal” vide work ID No.PR-5150-34690 for Agreement No. heavyloss with interest even though total works were completed within time as illegal, arbitrary and violation of Article 14, 16 and 21 of Constitution of India and consequently direct the Respondents to release and pay the sum of Rs.3,27,913/- with the interest at the rate of 12% per annum from the due date till realization to the petitioner forthwith and pass such other order or orders " /2023-24 dated 09.02.2024 and causing The grievance of the writ petitioner is that he was entrusted with the work to lay CC road from main road to Daggumati Mohan (H) in Thimmareddypalem village of Lingasamudram Mandal. The said work costs at Rs. 1,78,000/- and the petitioner has completed the work on 07.03.2024. Despite several oral and written representations by the petitioner, the respondents have not paid the amount for the work executed by him. Hence, the present Writ Petition is filed seeking a direction to the respondents for payment of the work executed by the petitioner. 2. 2 ✓ Learned Assistant Government Pleader for Panchayat Raj and Rural Development filed a letter format addressed by the Executive Engineer, P.R. Division, Kavali to the office of the Government Pleader for Panchayat Raj and Rural Development, High Court of Andhra Pradesh. 3. As seen from the aforesaid proceedings, it is stated that amount of Rs. 1,59,036-68 ps is due to the petitioner herein and nothing was stated in the remarks column. Therefore, this Court presumes that the petitioner has executed the work to the satisfaction of the respondents. 4. an Accordingly, the Writ Petition is disposed, of, directing the respondents to pay the admitted amount of Rs. 1,59,036-68 ps to the petitioner within a period of four (4) weeks from the date of receipt of a copy of this order, failing which the petitioner is entitled to interest @6% per annum from the date of order of the Writ Petition till the date of realization. The petitioner herein is also permitted to negotiate with the respondents for the amount due to him. There shall be no order as to costs. 5. As a sequel thereto. Interlocutory Applications pending, if any, shall stand closed. SD/- K. KASIRAO ACHARi ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Panchayat Raj and Rural Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Principal Secretary, Finance Department, Secretariat, Velagapudi, Amaravati, Guntur District 3. The Executive Engineer, PRI Division, Kavali, SPSR Nellore District. 4. The Deputy Executive Engineer, PRI Sub-Division, Kandukur, SPSR Nellore District. 5. The Assistant Engineer, Mandal Praja Parishad, Lingasamudram, Moilrtro r^ie+ri/-‘+ w 6. The Panchayat Secretary, Thimmareddypalem Gram Panchayat Thimmareddypalem Village Lingasamudram Mandal, SPSR Nellore District. 7. One CC to Sri Shaik Meeravali Advocate [OPUC] 8. One CC to Sri M Sudhir (SC for ZPPS, MPPS & GP) Advocate [OPUC] ^ Prade^h^puif Panchayat Raj Rural Dev, High Court of Andhra [OUT?^^ Finance & Planning, High Court of Andhra Pradesh. 11. Three CD Copies TF HIGH COURT DATED:17/02/2025 ORDER WP.No.1650 of 2025 s’ 0 1 MAK 2125 Curreni iiecuon % Co fy DISPOSING OF THE W.P., WITHOUT COSTS