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2025 DAILYLAW 3706 (AP)

SRI DHARMA SHASTA CONTRACTORS v. THE STATE OF AP

WP/1498/2025 · 2025-03-06

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1498 OF 2025 Between: Sri Dharma Shasta Contractors, Rep. by its Managing Partner A. Murali Mohan Rao, S/o. A. Venkata Narasaiah, Aged about 53 years, Occ: Contractor, R/o. 18-91, Kondapeta, Banaganapalli, Nandyal, Nandyal District, Pincode. 518124 ...PETITIONER(S) AND 1. The State of Andhra Pradesh, Rep. by Principal Secretary, Panchayat Raj and Rural Development, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The District Collector and Chairman, District Mineral Fund Trust, Nandyal, Nandyal District. 4. The Superintending Engineer, PR Circle, Kurnool, Kurnool District. 5. The Executive Engineer, PR (PIU) Division, Nandyal @ Kurnool, Kurnool District. 6. The Deputy Director of Mines and Geology, Nandyal, Nandyal 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 a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount r of Rs.8,58,184/- vide M Book No. 3195-A, even after finalizing the bills, payable to the petitioner in relation to the works i.e., Providing Gravel road from Vemi Reddy Chandrasekhar Reddy fields to YeUareddy fields (Vasanthapuram rastha) at Singanapalli (V), Owk Mandal in Nandyal District, vide Agreement No. /2023-24, dated 17.02.2024 is questioned, as the same is illegal, aribatary and xonaequently direct the respondents to pay for paSrment of amount of Rs.8,58,184/- vide M Book No. 3195-A with interest @24% per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work 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 pleased to direct the respondents to pay for payment of amount of Rs.8,58,184/- vide M Book No. 3195-A with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e* Providing Gravel road from Vemi Reddy Chandrasekhar Reddy fields to YeUareddy fields (Vasanthapuram rastha) at Singanapalli (V), Owk Mandal in Nandyal District, vide Agreement No. 72023-24, dated 17.02.2024, forthwith, pending disposal of the Writ Petition. Counsel for the Petitioner: SMT. MODAPOTHULA SUMALATHA Counsel for the Respondent Nos.1, 4 & 5: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent Nos.2 & 3: GP FOR FINANCE & PLANNING Counsel for the Respondent No.6: GP FOR MINES AND GEOLOGY The Court made the following: ORDER 1 APHC010020722025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) [3328] THURSDAY .THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1498/2025 Between: 1.SRI DHARMA SHASTA CONTRACTORS, REP. BY ITS MANAGING PARTNER A MURALI MOHAN RAO, S/0. A VENKATA NARASAIAH, AGED ABOUT 53 YEARS OCC. CONTRACTOR, R/0. 18-91, KONDAPETA, BANAGANAPALLI, NANDYAL, NANDYAL DISTRICT, PINCODE. 518124 ...PETITIONER AND 1.THE STATE OF AP, REP. BY PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. DEPARTMENT OF FINANCE AND PLANNING 3.THE DISTRICT COLLECTOR AND CHAIRMAN, DISTRICT MINERAL FUND TRUST, NANDYAL, NANDYAL DISTRICT. 4.THE SUPERINTENDING ENGINEER, PR CIRCLE, KUMOOL, KUMOOL DISTRICT. 5.THE EXECUTIVE ENGINEER, PR (PIU) DIVISION, NANDYAL @ KUMOOL, KUMOOL DISTRICT. 2 6.THE DEPUTY DIRECTOR OF MINES AND GEOLOGY, NANDYAL NANDYAL DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1.MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR MINES AND GEOLOGY 3.GP FOR FINANCE PLANNING The Court made the following ORAL ORDER: Heard Sri B. Ramesh, Ld. Counsel appearing on behalf of Smt. M. Sumalatha, Ld. Counsel for the Writ Petitioner and Sri Panuku Rajesh Kumar, Ld. Asst. Government Pleader for Finance Planning and Ms. M. Anusha, Ld. Asst. Government Pleader for Mines and Geology. Learned Asst. Government Pleader has submitted the Written Instruction dated 05.02.2025 furnished by the Executive Engineer, PR (PIU) Division, Kurnool. Copy of it is supplied to the Ld. Counsel for the Writ Petitioner and the same is taken on record. 2. The Written Instruction would indicate that the Respondent No.5 is admitting that the balance amount of Rs.8,58,184/- is still due to be paid to the Writ Petitioner herein. 3. Having regard to these facts and circumstances, this Court deems it appropriate to dispose of this Writ Petition at the admission stage, without going into merit, directing the Official Respondent Nos. 2, 4 and 5 to' complete the entire process from the side of both the Departments within a period of six (06) weeks and remit the due amount of Rs.8,58,184/- into the account of the Writ Petitioner within a period of two (02) weeks thereafter and convey the said action to the Writ Petitioner forthwith. 4. 3 With these observations and directions, this Writ Petition stands allowed. No order as to costs. 5. 6. Needless to state that the Department of Finance and the Department of Executive Engineer have to coordinate with each other, as a matter of public duty in completing the said process. 7. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// OFFICER To, 1. The Principal Secretary, Panchayat Raj and Rural Development, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary, Department of Finance and Planning, Secretariat Buildings, State of Andhra Pradesh, Velagapudi, Amaravathi, Guntur District. 3. The District Collector and Chairman, District Mineral Fund Trust, Nandyal, Nandyal District. 4. The Superintending Engineer, PR Circle, Kurnool, Kurnool District. 5. The Executive Engineer, PR (PIU) Division, Nandyal @ Kurnool, Kurnool District. 6. The Deputy Director of Mines and Geology, Nandyal, Nandyal District. 7. One CC to Smt. Modapothula Sumalatha, Advocate [OPUC] 8. Two CCs to GP Panchayat Raj and Rural Development, High Court of Andhra Pradesh. [OUT] 9. Two CC’s to GP for Finance and Planning, High Court of A.P. at Amaravati[OUT] 10. Two CC’s to GP for Mines and Geology, High Court of A.P. at Amaravati[OUT] 11. Three CD Copies. ssb ▼ HIGH COURT DATED:06/03/2025 ORDER AND«^ % 19 MAR 2025 ^ ^ . Current beciion WP.No.1498 of 2025 ALLOWING THE W.P. WITHOUT COSTS