7 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARA TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT APPEAL NO: 59 OF 2025 Writ Appeal under clause 15 of the Letters Patent against the order dated 01.10.2024 in WP.No.6116 of 2024 on the file of the High Court. Between: The Mandal Parishad Development Officer, Santhamagulur, Prakasam District, Andhra Pradesh. ...Appellant/Respondent No.5 AND The State of Andhra Pradesh, Rep By its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi,GunturDistrict. The Commissioner of Panchayat Raj and Rural Development, D. No. 12-47, PVS Icon, Pathuru Cross Road, Tadepalli, Amaravathi, Andhra Pradesh. The State of Andhra Pradesh, Rep by its Principal Secretary, Finance Department, Secretariat, Velagapudi, Guntur District. The District Collector, Ongole, Prakasam District. The Assistant Engineer, M.P.P, Santhamagulur, Prakasam District, Andhra Pradesh. The Deputy Executive Engineer, MPP, Santhamagulur, Prakasam District, Andhra Pradesh. 1. 2. 3. 4. 5. 6. ...Respondents/Respondents 7. Divikolu Subba Rao, S/o Ramaiah, Aged about 46 years, D. No.2-46A, Mamillapalli, Kunduru East, Santhamagulur, Prakasam District, Andhra Pradesh. ...Respondents/Writ Petitioner lA NO: 2 OF 2025 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 Stay the Operation of the Judgment dated. 01.10.2024 passed in WP.No. 6116 of 2024 passed by the Learned Single Judge, pending disposal of the main Writ Appeal. Counsel for the Appellant: SRI MATTEGUNTA SUDHIR, SC FORZ.P.PS, M.P.PS, GRAM PANCHAYATS Counsel for Respondent Nos.1,2,5 & 6: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for Respondent No.3: GP FOR FINANCE & PLANNING Counsel for Respondent No.4: GP FOR REVENUE Counsel for Respondent No.7: SRI SRINIVASA RAO NARRA The Court made the following: APHC010020412025 IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.No:-41 AT AMARAVATI [3483] WRIT APPEAL NO: 59 of 2025 The Mandal Parishad Development Officer, Santhamagulur, Prakasam District, Andhra Pradesh. ...Appellant Vs. The State of Andhra Pradesh and others ...Respondents ********** Advocate for Appellant Mr. Mattegunta.Sudhir [Standing Counsel for Z.P.Ps,M.P.Ps,Gram Panchayats] GP for Panchayat Raj & Rural Development for R. 1, R.2, R.5 & R.6 GP for Finance & Planning for R.3 GP for Revenue for R.4 Mr. Srinivasa Rao Narra for R.7 Advocate(s) for Respondent(s): CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 18*^ February, 2025 DATE PC : The present writ appeal has been preferred against the judgment and order, dated 01.10.2024 passed in W.P.No.6116 of 2024. By virtue of the judgment and order impugned, based upon the statement made by learned Assistant Government Pleader upon instructions received from the Executive Engineer, PR Division, Bapatia, the learned single Judge appears to have directed the payment of Rs.4,11,012/- to the petitioner on account of having executed certain works with regard to widening and improvement of the road in Mamillapalli in Santhamaguluru Mandal. 2. 2 HCJ & RC, J WA 59 2025 Learned counsel for the appellant would submit that even when a counter-affidavit had been filed and was on record and even when the matter was argued before the learned single Judge, none of the contentions raised before the learned single Judge were ever considered much less reflected in the judgment and order impugned. 3. It is also stated that the petition was disposed of not on the basis of the statement made by the appellant - the Mandal Parishad Development Officer, who was respondent No.5 in the writ petition but on the instructions of Executive Engineer, who was not even a party respondent in the proceedings before the learned single Judge. Having considered the matter, we are of the opinion that the matter requires a fresh consideration by the learned single Judge. 4. The Writ Appeal is, accordingly allowed. The judgment and order impugned is set aside. No order as to costs. 5. Registry is directed to list WP.No.6116 of 2024 before the learned single Judge having the Roster on 04.03.2025. Miscellaneous applications pending, if any, shall stand closed. Sd/-S.V.S.R.MURTHY J01NT|REG1STRAR Officer //TRUE COPY// SE To, The Principal Secretary, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Secretariat, Velagapudi,Guntur District. The Commissioner of Panchayat Raj and Rural Development, D. No. 12-47, PVS Icon, Pathuru Cross Road, Tadepalli, Amaravathi, Andhra Pradesh. 1. 2. I 3. The Principal Secretary, Finance Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 4. The District Collector, Ongole, Prakasam District. 5. The Assistant Engineer, M.P.P, Santhamagulur, Prakasam District, Andhra Pradesh. 6. The Deputy Executive Engineer, MPP, Santhamagulu, Prakasam District, Andhra Pradesh. 7. One CC to Sri Mattegunta Sudhir, SC for Z.P.Ps, M.P.Ps, Gram Panchayats [OPUC] 8. One CC to Sri Srinivasa Rao Narra, Advocate[OPUC] 9. Two CCs to GP for Panchayat Raj and Rural Development, High Court of Andhra Pradesh. [OUT] 10. Two CC’s to GP for Revenue, High Court of A.P. at Amaravati[OUT] 11. Two CC’s to GP for Finance and Planning, High Court of A.P. at Amaravati[OUT] 12. The Registrar(Judicial), High Court of A.P. at Amaravati. 13. The Section Officer, Writ (Non-Service), High Court of A.P. at Amaravati. 14. The Section Officer, Posting Section, High Court of A.P. at Amaravati. 15. Three CD Copies. r ssb HIGH COURT Post W.P. No.6116 of 2024 on 04.03.2025 DATED: 18/02/2025 JUDGMENT WA.No.59 of 2025 fgf ANDH)S55 S’ 21 FEB 2025 ALLOWING THE W.A. WITHOUT COSTS