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2025 DAILYLAW 40124 (AP)

BASIMI CHIDAMBARAM v. The State of Andhra Pradesh,

WP/28521/2023 · 2025-12-30

Ravi Cheemalapati

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010544892023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 28521/2023 Between: 1. BASIMI CHIDAMBARAM, S/O. HANUMANNA, AGED 53 YEARS, R/O. H. NO. 2/29, MALLENIPALLI VILLAGE, DONIMUKKALA GRAM PANCHAYAT, ANANTHAPURAMU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, NH -16, TADEPALLI, GUNTUR DISTRICT. 2 4. THE DISTRICT COLLECTOR PANCHAYAT WING, ANANTHAPURAMU DISTRICT 5. THE EXECUTIVE ENGINEER, PANCHAYAT RAJ R.W.S. DIVISION (NORTH), ANANTHAPURAMU, ANANTHAPURAMU DISTRICT. 6. THE MANDAL PARISHAD DEVELOPMENT OFFICER, GUNTHAKAL, ANANTHAPURAMU DISTRICT 7. THE PATHAKOTHA CHERUVU GRAM PANCHAYAT, REPRESENTED BY ITS EXECUTIVE AUTHORITY- CUM- PANCHAYAT SECRETARY, GUNTHAKAL MANDAL, ANANTHAPURAMU DISTRICT. 8. THE SARPANCH, PATHAKOTHA CHERUVU GRAM PANCHAYAT, UNTHAKAL MANDAL, ANANTHAPURAMU DISTRICT. ...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 particularly one in the nature of Writ of Mandamus declaring the declaring the action of the respondents in not releasing the funds amounting Rs. 12,72,588/- to the petitioner along with interest towards cost of material supplied by him for executing the work Construction of CC Drains with cover slabs Reach-1 at Patha Kotha Cheruvu Village of Gunthakal Mandal, as illegal, arbitrary and violative of provisions of the Andhra Pradesh Panchayat Raj Act, 1994 and unconstitutional and consequently direct the respondents to release funds amounting Rs. 12,72,588/- to the petitioner along with interest forthwith and pass IA NO: 1 OF 2023 3 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 the respondents to release funds of Rs. 12,72,588/- to the petitioner along with interest towards cost of material supplied by him forthwith, pending disposal of the main writ petition and pass Counsel for the Petitioner: 1. RAMESH BABU TALLURI Counsel for the Respondent(S): 1. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT 2. GP FOR FINANCE PLANNING 3. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following order: Aggrieved by the non-payment of bill amounts to the petitioner for the material supplied for execution of the work “Construction of CC Drains with cover slabs Reach-1 at Patha Kotha Cheruvu Village of Gunthakal Mandal”, the present writ petition has been filed. 2. Heard Sri Ramesh Babu Talluri, learned counsel for the petitioner and Ms. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj. 3. Ms. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj, on written instructions 4 dated 02.09.2025, submitted that the authorities have admitted to pay the entitled net amount to the petitioner and sought three (03) months time for making such payment. 4. To the said submission, learned counsel for the petitioner reported no objection. 5. Taking into consideration the submissions of both the learned counsel and as the authorities are ready to pay the net amount to the petitioner, this court is inclined to dispose of the writ petition with the following direction: “The respondents are directed to release the legally admitted/entitled net amount to the petitioner at the earliest, and at any rate, within a period of three (03) months from the date of receipt of a copy of this order.” 6. Accordingly, the Writ Petition is disposed of. No costs. Miscellaneous applications, pending if any, shall stand closed. _________________________ JUSTICE RAVI CHEEMALAPATI Date: 31.12.2025 ANS 5 238 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 28521/2023 Date: 31.12.2025 ANS