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2025 DAILYLAW 36576 (AP)

BELLALA UTTAM REDDY v. THE STATE OF AP

WP/31283/2024 · 2025-01-28

Tarlada Rajasekhar Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY. THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAb'S^”^!^ WRIT PETITION NO: 31283 OF 2024 Between: Bellala Uttam Reddy, S/o B. Subbireddy, Aged 53 years, Occ. Contractor, R/o Cheemalacheruvupalli village, N.P. Kunta Mandal Sri Satya Sai District (Erstwhile Anantapuram Dist.). ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat Buildings Velagapudi, Amaravathi, Guntur District. The District Collector, Sri Satya Sai District, Puttaparthy. The Executive Engineer, PRI Division, Penukonda. The Pay and Accounts Officer, Anantapuramu District, Anantapuramu. ...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 a writ order or direction more particularly one in the nature of writ of MANDAMUS declaring the action of the respondents in not releasing the amount of Rs.79,088/- (Seventy Nine Thousand Eighty-Eight Rupees) to the petitioner even after the timely execution of the work “Construction of embankment at newly constructed Grama Sachivalayam and RBK complex at N.P. Kunta habitation, N.P. Kunta Mandal” sanctioned 1. 2. 3. 4. 5. vide Progs.No.65/KDR Const/GGMP-HIW/2022-23 Dated. 15.11.2023 illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and also opposed to the settled principles of law, and consequently direct the respondents to forthwith pay the total net amount of Rs.79,088/- (Seventy Nine Thousand Eighty-Eight Rupees) to the petitioner even after the timely execution of the work “Construction of embankment at newly constructed Grama Sachivalayam and RBK complex at N.P. Kunta habitation, N.P. Kunta Mandal” along with 12% interest per as annum. 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 the total net amount of Rs.79,088/- (Seventy Nine Thousand Eighty-Eight Rupees) petitioner even after the timely execution of the work Construction of embankment at newly constructed Grama Sachivalayam and RBK complex at N.P. Kunta habitation, N.P. Kunta Mandal sanctioned vide Proceedings Progs.No.65/KDR Const/GGMP-HIW/2022-23 Dated; 15.11.2023 to the petitioner. Counsel for the Petitioner: SRI SAI MANOJ REDDY L Counsel for the Respondent Nos.1,3 & 4: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent Nos.2 & 5: GP FOR FINANCE & PLANNING The Court made the following: ORDER to the THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.31283 of 2024 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s; " ..to issue a writ order or direction more particularly one in the nature of writ of MANDAMUS declaring the action of the respondents in.not releasing the amount of Rs.79,088/- (Seventy Nine Thousand Eighty-Eight Rupees) to the petitioner even after the timely execution of the work “Construction of embankment at newly constructed Grama Sachivalayam and RBK complex at N.P. Kunta Habitation, N.P.Kunta Mandal” sanctioned vide Progs.No.65/KDR Const/GGMP-HIW/2022-23 Dated; 15.11.2023 as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and also opposed to the settled principles of law, and consequently direct the respondents to forthwith pay the total net amount of Rs.79,088/- (Seventy Nine Thousand Eighty- Eight Rupees) to the petitioner even after timely execution of the \NorW “Construction of embankment at newly constructed Grama Sachivalayam and RBK complex at N.P. Kunta habitation, N.P.Kunta Mandal” along with 12% interest per annum and pass such other orders " filed a letter, vide Pleader 2. Learned Government Rc.No.28/A2/2022 dated 06.01.2025, addressed by the Executive Penukonda, Sri Satya Sai District, to the Engineer, PRI Division Government Pleader Office. As seen from the letter, it transpires that out of total work done by the petitioner for Rs.98,512/-, an amount of Rs. 19,424/- deducted towards statutory recoveries and the net amount that is payable is Rs.79,088/- and the bill was uploaded in NIDHI Portal vide Bill No.2023-9008338 and bill is waiting for fund clearance. 2 3. As the respondents are not disputing the execution of the work and amount due to the petitioner, this Court is inclined to dispose of the Writ Petition, directing the respondents to pay the amount due to the petitioner within a period of six (6) weeks from the date of receipt of a copy of this order, failing which the petitioner is entitled to interest at 6% per annum from the datp of Writ Petition till the date of realization. 4. With the above directions, 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. Sd/- M SRINIVAS ASSISTANT REGISTI^ //TRUE COPY// N OFFICER SEi To, 1 The Principal Secretary, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. n ^ i, 2. The Principal Secretary, Finance Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The District Collector, Sri Satya Sai District, Puttaparthy. 4, The Executive Engineer, PRI Division, Penukonda. 5. The Pay and Accounts Officer, Anantapuramu District, Anantapuramu. 6. One CC to Sri Sai Manoj Reddy L, Advocate [OPUC] 7. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT] 8. Two CC’s to GP for Finance and Planning, High Court of A.P. at Amaravati[OUT] 9. Three CD Copies. ssb HIGH COURT DATED:28/01/2025 ANO(j^ 0 'I FEB 2025 m ORDER Co. ^ . Current Section WP.No.31283 of 2024 DISPOSING OF THE W.P. WITHOUT COSTS