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2025 DAILYLAW 36907 (AP)

CHAMARTHI SANTHAMMA v. THE STATE OF ANDHRA PRADESH

WP/55/2025 · 2025-01-06

Tarlada Rajasekhar Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 55 OF 2025 Between: Chamarthi Santhamma, W/o. Chamarthi Raghuramaraju Aged about 68 years, Occ: Sarpanch, R/o. B.P. Rachapalli, Obulavaripalli Mandal, Annamayya District. ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Panchayat Raj and Rural Development, NH-16, Tadepalli, Guntur District. 3- The District Collector (Panchayat Wing), Rayachoty, Annamayya District. 4. The Project Director, Andhra Pradesh Rural Road Project(APRRP) and Engineering-in-Chief, Panchayat, Bandar Road, ZP Compound, Vijayawada, NTR District 5. The Superintendent of Engineering, PRI Division( APRRP), Rayachoty, Annamayya District 6. The Executive Engineer, PRI Division(APRRP), Rajampeta, Annamayya District. 7. The Deputy Executive Engineer, PRI Division(APRRP), Rajampeta, Annamayya District. 8. The Mandal Parishad Development Officer, Obulavaripalli Mandal, Annamayya District. 9. The B.P.Rachapalli Grama Panchayat, Rep. by its Panchayat Secretary, Obulavaripalli Mandal, Annamayya District. M/s. S.S.R.R. Constructions, D.No. 42-247, NGO Colony, Kadapa, Annamayya District-516004. 10. ...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 that the action of the Respondents in not considering the Petitioners representation dated 11.12.2024 and same sent through register post on. 17.12.2024 requesting to take action against the illegally laying B.P.Rachapalli to Kamsallama Colony of BT road (Black Top Road) by changing the nature of work order in the place of Road from R and B road to BP Rachapalli ST Colony of Obulavaripalle Mandal, Annamayya District as per the Agreement vide. Agreement /2023-24 dated. 10.06.2023 further seeking to conduct enquiry and take appropriate action against the officer as illegal, improper, arbitrary, un constitutional and Violative of Article 14, 21 of the Constitution of India and Contrary to the AP Gramapanchayat Act and Rules made there under and consequently direct the Respondents to prevent the laying B.P.Rachapalli to Kamsallama Colony of BT road (Black Top Road) by changing the nature of work order in the place of Road from R and B road to BP Rachapalli ST Colony of Obulavaripalle Mandal, Annamayya District, duly considering the representations of the petitioner dated 17.12.2024 forthwith. lA NO: 1 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 <5^ pleased to direct the Respondents to prevent the laying B.P.Rachapalli to Kamsallama Colony of BT road (Black Top Road) by changing the nature of work order in the place of Road from R and B road to BP Rachapalli ST Colony of Obulavaripalle Mandal, Annamayya District forthwith pending disposal of the above writ petition. Counsel for the Petitioner: SRI. SHAIK MEERAVALI Counsel for the Respondent Nos . 1 to 3: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent Nos . 4 to 7: GP FOR ROADS AND BUILDINGS Counsel for the Respondent Nos . 8&9: SRI M SUDHEER SC FOR ZPP, MPP ANDGP The Court made the following order: APHC010606482024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MM MONDAY ,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 55/2025 Between: ...PETITIONER Chamarthi Santhamma AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.SHAIKMEERAVALI Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR ROADS BUILDINGS 2 The Court made the following order:- This 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 that the action of the Respondents in not considering the Petitioner’s representation dated 11.12.2024 and same sent through register post on 17.12.2024 requesting to take action against the illegally laying B.P.Rachapalli to Kamsallama Colony of BT road (Black Top Road) by changing the nature of work order in the place of Road from R and B road to BP Rachapalli ST Colony of Obulavaripalle Mandal, Annamayya District as per the Agreement vide Agreement 72023-24 dated. 10.06.2023 further seeking to conduct enquiry and take appropriate action against the officer as illegal, improper, arbitrary, un constitutional and Violative of Article 14, 21 of the Constitution of India and Contrary to the AP Gramapanchayat Act and Rules made thereunder and consequently direct the Respondents to prevent the laying B.P.Rachapalli to Kamsallama Colony of BT road (Black Top Road) by changing the nature of work order in the place of Road from R and B road to BP Rachapalli ST Colony of Obulavaripalle Mandal, Annamayya District, duly considering the representations of the petitioner dated 17.12.2024 forthwith and to pass such other order or orders....” The case of the petitioner is that as per the bid notice No.lFB 2. NO.213/APRRP/PRED/2022-23, dated 14.12.2022, a road was sanctioned from R and B road to B.P.Rachapalli, ST Colony of Obulavaripalle Mandal, Annamayya District. The respondents have released some amount, for the work done by the petitioner as per the bid notice. Later, the respondents with a malafide intention by changing the name of the work, again entrusted the same work to the 10*^ respondent. To that effect the petitioner made a representation to 3 the 3'^'^ respondent-collector on 11.12.2024. So far, the Collector has not taken any steps on the said representation. Hence, the petitioner approached this Court seeking a direction to the Collector to examine the said representation and pass appropriate orders by directing the concerned authorities to protect the public money. 3. Heard learned counsel for the petitioner. 4. Learned counsel for the respondents requested some time for getting instructions. 5. Without going into merits of the case, this Court is inclined to dispose of the present Writ Petition directing the District Collector, Annamayya District, to examine the representation dated 11.12.2024 by following due process of law and take decision in accordance with law and communicate the decision to the petitioner within a period of two (02) weeks from the date of receipt of a copy of this order. 6. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous Petitions pending, if any shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// -(■ SEblTOl^OFFICER To, 1. The Principal Secretary, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Panchayat Raj and Rural Development, NH-16 Tadepalli, Guntur District. The District Collector (Panchayat Wing), Rayachoty, Annamayya District. 3. 4. The Project Director, Andhra Pradesh Rural Road Project(APRRP) and Engineering-in-Chief, Panchayat, Bandar Road, ZP Compound, Vijayawada, NTR District. The Superintendent of Engineering, PRI Division( APRRP), Rayachoty, Annamayya District. The Executive Engineer, PRI Division(APRRP), Rajampeta, Annamayya District. The Deputy Executive Engineer, PRI Division(APRRP), Rajampeta, Annamayya District. The Mandal Parishad Development Officer, Obulavaripalli Mandal, Annamayya District. The Panchayat Secretary, B.P.Rachapalli Grama Panchayat, Obulavaripalli Mandal, Annamayya District. M/s. S.S.R.R. Constructions, D.No. 42-247, NGO Colony, Kadapa, Annamayya District-516004. One CC to Sri. Shaik Meeravali Advocate [OPUC] One CC to Sri. M Sudheer SC for ZPP, MPP & GP [OPUC] Two CCs to GP For Panchayat Raj Rural Dev, High Court Of Andhra Pradesh. [OUT] Two CCs to GP For Roads and Buildings, High Court Of Andhra Pradesh. [OUT] Three CD Copies 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. GSC HIGH COURT liATE0:06/01/2025 ORDER WP.No.55 of 2025 * 17 JAN 2''25 « ^ . Curreni Seciion DISPOSING OF THE WP WITHOUT COSTS