APHC010618782023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 31921/2023 Between: 1. PESSINGI NAGABABU,, S/O. NOOKARAJU, AGED 35 YEARS, OCC- FISHERMAN AND SOCIAL ACTIVIST, R/O D.NO.8-111, CHINAVALASALA VILLAGE, TALLAREVU MANDAL, (ERSTWHILE EAST GODAVARI DISTRICT) KAKINADA DISTRICT, ANDHRA PRADESH-53463. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE ENGINEER INCHIEF, PANCHAYAT RAJ PUNAMMATHOTA, LABBIPET, VIJAYAWADA, ANDHRA PRADESH-520002. 3. THE COMMISSIONER OF RURAL WATER SUPPLY AND SANITATION DEPARTMENT OF ANDHRA PRADESH, VIJAYAWADA, ANDHRA PRADESH-522238. 4. THE DISTRICT COLLECTORCUMDISTRICT PANCHAYAT OFFICER, (PANCHAYAT RAJ WING) (ERSTWHILE EAST GODAVARI DISTRICT) KAKINADA DISTRICT, KAKINADA. 2 5. THE DISTRICT PANCHAYATI OFFICER, (ERSTWHILE EAST GODAVARI DISTRICT) KAKINADA DISTRICT, KAKINADA. 6. THE DEPUTY ENGINEER P R ANDR D, MUMMIDIVARAM SUB DIVISION, MUMMIDIVARAM (ERSTWHILE EAST GODAVARI DISTRICT) KAKINADA DISTRICT. -5216. 7. THE SUPERINTENDING ENGINEER, . RURAL WATER SUPPLY AND SANITATION DEPARTMENT, KAKINADA DISTRICT, KAKINADA. 8. THE DIVISIONAL PANCHAYATI OFFICER, (ERSTWHILE EAST GODAVARI DISTRICT) KAKINADA DISTRICT, KAKINADA. 9. THE MANDAL PRAJA PARISHAD DEVELOPMENT OFFICER, TALLAREVU MANDAL, (ERSTWHILE EAST GODAVARI DISTRICT) KAKINADA DISTRICT. 10. THE EXTENSION OFFICES, ,(P.R.ANDR.D.), TALLAREVU MANDAL, (ERSTWHILE EAST GODAVARI DISTRICT) KAKINADA DISTRICT. 11. THE JUNIOR ENGINEER P R AND R D, TALLAREVU MANDAL, (ERSTWHILE EAST GODAVARI DISTRICT) KAKINADA DISTRICT. 12. THE EXTENSION OFFICER, E.O.P.R AND R.D), TALLAREVU MANDAL PRAJA PARISHAD OFFICE, TALLAREVU MANDAL KAKINADA DISTRICT. 13. THE JUNIOR ENGINEER RURAL WATER SUPPLY AND SANITATION DEPARTMENT, , TALLAREVU MANDAL, TALLAREVU, ANDHRA PRADESH-53463. 14. THE GADIMOGA GRAM PANCHAYAT, REP BY ITS SECRETARY, GADIMOGA VILLAGE, TALLAREVU MANDAL, (ERSTWHILE EAST GODAVARI DISTRICT) KAKINADA DISTRICT. 15. SMT KAMADI GOVA LAKSHMI, SARPANCH OF GADIMOGA GRAM PANCHAYAT, W/0 MATHARAJU, D NO 2-45,GADIMOGA VILLAGE, TALLAREVU MANDAL,KAKINADA DISTRICT,ANDHRA PRADESH- 53463 . 3 16. SRI KOKKILIGADDA LOKESH, VICE PRESIDENT AND 1 TH WARD MEMBER OF GADIMOGA GRAM PANCHAYAT, S/0 GANGADHARARAO, D NO L-108,GADIMOGA VILLAGE,TALLAREVU MANDAL,KAKINADA DISTRICT,ANDHRA PRADESH-53463. 17. SMT CHEKKA BEBY, 1ST WARD MEMBER OF GADIMOGA GRAM PANCHAYAT, W/O . VEERABABU, D NO . 1-18,GADIMOGA VILLAGE,TALLAREVU MANDAL,KAKINADA DISTRICT,ANDHRA PRADESH-53463. 18. SRI POTHABATHULA RAMBABU, , 2ND WARD MEMBER OF GADIMOGA GRAM PANCHAYAT, S/O . GANGARAJU, D NO . 1- 96,GADIMOGA VILLAGE,TALLAREVU MANDAL,KAKINADA DISTRICT,ANDHRA PRADESH-53463. 19. SRI DANDUPROLU NAGENDRA, 3' WARD MEMBER OF GADIMOGA GRAM PANCHAYAT, S/O . BHAIRAVASWAMY, D NO . 1 -32,GADIMOGA VILLAGE,TALLAREVU MANDAL,KAKINADA DISTRICT,ANDHRA PRADESH-53463. 20. SMT OLETI SRIDEVI, 4TH WARD MEMBER OF GADIMOGA GRAM PANCHAYAT, W/O . BHAIRAVASWAMY, D NO . 2-81,GADIMOGA VILLAGE,TALLAREVU MANDAL,KAKINADA DISTRICT,ANDHRA PRADESH-53463. 21. SMT KAMADI VEERAVENI, , 5TH WARD MEMBER OF GADIMOGA GRAM PANCHAYAT, W/O . LOVARAJU, D NO . 2-108,GADIMOGA VILLAGE,TALLAREVU MANDAL,KAKINADA DISTRICT,ANDHRA PRADESH-53463. 22. SMT NALLI ANANTHALAKSKMI, .6TH WARD MEMBER OF GADIMOGA GRAM PANCHAYAT, W/O . APPANNABABU, D NO . 3- 79,GOPALAPURAM VILLAGE,TALLAREVU MANDAL,KAKINADA DISTRICT,ANDHRA PRADESH-53463. 23. SRI ARADADI ADINARAYANA, ,7TH WARD MEMBER OF GADIMOGA GRAM PANCHAYAT, S/O . TATARAO, D NO . 4- 69,PEDAVALASALA VILLAGE,TALLAREVU MANDAL,KAKINADA 4 DISTRICT,ANDHRA PRADESH-53463. 24. SMT AKULA DEVI, 8TH WARD MEMBER 01 GADIMOGA GRAM PANCHAYAT, W/O . BHOOLOKAM, D NO . 4-84,PEDAVALASALA VILLAGE,TALLAREVU MANDAL,KAKINADA DISTRICT,ANDHRA PRADESH-53463. 25. SRI POTHABATHULA KRISHNA, 9TH WARD MEMBER OF GADIMOGA GRAM PANCHAYAT, S/O . GANGARAJU, D NO . 4- 156,PEDAVALASALA VILLAGE,TALLAREVU MANDAL,KAKINADA DISTRICT,ANDHRA PRADESH-53463. 26. SRI BODDU SATTIBABU, 10TH WARD MEMBER OF GADIMOGA GRAM PANCHAYAT, S/O . MUSALAYYA, D NO . 4- 171,PEDAVALASALA VILLAGE,TALLAREVU MANDAL,KAKINADA DISTRICT,ANDHRA PRADESH-53463. 27. SMT PESSINGI DHURGA BHAVANI, , 11TH WARD MEMBER OF GADIMOGA GRAM PANCHAYAT, W/0 SURYANARAYANA @ SURIBABU, D NO 5-70,LAKSHMIPATHIPURAM VILLAGE, TALLAREVU MANDAL,KAKINADA DISTRICT,ANDHRA PRADESH- 53463. 28. SMT KAMADI KRISHNA JYOTHI, , 12TH WARD MEMBER OF GADIMOGA GRAM PANCHAYAT, W/O BHAIRAVAMURTHY, D NO 5-87,LAKSHMIPATHIPURAM VILLAGE, TALLAREVU MANDAL,KAKINADA DISTRICT,ANDHRA PRADESH-53463. 29. SMT PINAPOTHU ESWARI, 13TH WARD MEMBER OF GADIMOGA GRAM PANCHAYAT, W/O RAJU, D NO 8-99,CHINAVALASALA VILLAGE, TALLAREVU MANDAL,KAKINADA DISTRICT,ANDHRA PRADESH-53463. 30. SRI KARRI TATARAO, 14TH WARD MEMBER OF GADIMOGA GRAM PANCHAYAT, S/O GANGARAJU, D NO 8- 45,CHINAVALASALA VILLAGE, TALLAREVU MANDAL,KAKINADA DISTRICT,ANDHRA PRADESH-53463. 31. SRI KOPPADI VENKATESVARLU, 15TH WARD MEMBER OF GADIMOGA GRAM PANCHAYAT, S/O RAMACHADRARAO, DR NO 5 7-173,CHINAVALASALA VILLAGE, TALLAREVU MANDAL,KAKINADA DISTRICT,ANDHRA PRADESH-53463. 32. NALLI BALAKRISHNA S/O NALLI RAMASWAMY, HINDU, AGED ABOUT 55 YEARS, OCC CONTRACTOR, R/O D.NO.3-81, GOPALAPURAM HAMLET OF GADIMUGA VILLAGE, THALLAREVU MANDAL, EAST GODAVARI DISTRICT, AADHAAR NO. 416784260708. 33. GANJA KASI VISWANDH S/O GANJA PULLAMSETTI, HINDU, AGED ABOUT 41 YEARS, OCC CONTRACTOR, R/O D.NO.2-252, P. MALLAVARAM ,THALLAREVU(M) , EAST GODAVARI DIST.AADHAR NO.536133217688 34. SREE MUKHI INFRA REP BY ITS PROPRITOR T MOHANA RUPA, D/O SATYANARAYANA MURTHY, HINDU, AGED ABOUT 31 YEARS, R/O. D.NO.39-7-35, TILAK STREET, KAKINADA, EAST GODAVARI DIST. AADHAR NO.963543485397. 35. ELIPE RDR INTERNATIONAL PVT LTD REP ITS MANAGING DIRECTOR, ELIPE RAHUL, S/O NAGESWARARAO, HINDU, AGED ABOUT 37 YEARS, R/O D.NO.2-30, NEAR WATER TANK, CHEEDIGA, INDRAPALEM, KAKINADA, EAST GODAVARI DISTRICT. AADHAR NO.570807025966. RR 32 TO 35 ARE IMPLEADED AS PER THE COURT ORDER DT 18.04.2024 VIDE ORDERS PASSED IN I.A.NO.01 OF 2024 ...RESPONDENT(S): 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 topleased to issue a writ, order or direction more in the nature of Mandamus declaring the Digital Notification dated 20-10-2023 published on 21-2023 for works mentioned therein i.e., 1 to 120 relating to the Gadimoga Gram Panchayat, Tallerevu Mandal, Kakinada District, as its illegal, arbitrary, violation of Principal of Fundamental Rights under the Constitution of India and contrary to the Andhra Pradesh Gram Panchayat(invitation and Acceptance of Tenders for works and Purchases) Rules, 2002 and consequentely direct the official respondents No. 4th to 14th respondents not 6 make any payments in respect of Digital Notification dated 20-10-2023 published on 21-10-2023 for works mentioned therein i.e., 1 to 120 relating to the Gadimoga Gram Panchayat, Tallerevu Mandal, Kakinada District IA NO: 1 OF 2023 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 pleased to direct official respondents No. 4th to 14th respondents not make any payments in respect of Digital Notification dated 20-10-2023 published on 21-10-2023 for works mentioned therein i.e., 1 to 120 relating to the Gadimoga Gram Panchayat, Tallerevu Mandal, Kakinada District pending disposal of the above writ petition IA 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 pleased to permit the petitioners to implead as party respondents No. 32 to 35 in the writ petition W.P.No. 31921 of 2023 and as well as in all interlocutory applications in the interest of justice and to pass IA NO: 2 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 pleased to vacate the interim order dated 12.12.2023 passed in I.A.No.1 of 2023 in W.P.No.31921 of 2023 in the interest of justice and to pass IA NO: 3 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 pleased to grant leave for filing the Reply Affidavit to the Counter Affidavit filed by the 14th respondent in W.P. No. 31921 of 2023, in the interest of justice and pass IA 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 7 pleased to grant leave for filing the Counter Affidavit to the Writ Affidavit filed by the Petitioner in W.P. No. 31921/2023, in the interest of justice and pass Counsel for the Petitioner: 1. G SIMHADRI Counsel for the Respondent(S): 1. P V V SATYANARAYANA 2. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 3. GP FOR PANCHAYAT RAJ RURAL DEV 4. G L NAGESWAR RAO 5. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 6. JOSYULA BHASKARA RAO The Court made the following: 8 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 31921/2023 ORDER: When the matter was taken up for hearing, Sri G. Simhadri, learned counsel for the petitioner submitted that the matter has become infructuous, and therefore, no further orders are required in the present Writ Petition. Recording the said submission, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 04.09.2025 SCH 9 119 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.31921 OF 2023 Dated:04.09.2025 SCH