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High Court of Andhra Pradesh · body

2025 DAILYLAW 40771 (AP)

KATAKAM VEERESWARA RAO v. THE STATE OF AP

WP/21815/2025 · 2025-10-30

Ravi Cheemalapati

body2025

Judgment text

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APHC010420392025 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY, THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. KATAKAM VEERESWARA RAO, , S/O.K.CHITTIYYA,AGE 48 YEARS, D.NO.2-120,PEDCLA VEEDHI, KARAPA MANDALAM.GORRIPUDI, EAST GODAVARI DISTRICT. 2. SRI.D.VENKATA REDDY, S/O.D.BHIMAREDDY, AGED YEARS,D.NO.2-165,MUNASABU GARI VEEDI, PEDAPUDI MANDALAM,EAST GODAVARI DISTRICT. 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEPORTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. THE DISTRICT COLLECTOR, KAKINADA, KAKINADA DISTRICT. 3. THE EXECUTIVE ENGINEER, PRI DIVISION, KAKINADA KAKINADA DISTRICT. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, DISTRICT. 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 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 21815/2025 KATAKAM VEERESWARA RAO, , S/O.K.CHITTIYYA,AGE 48 YEARS, 120,PEDCLA VEEDHI, KARAPA MANDALAM.GORRIPUDI, EAST GODAVARI DISTRICT. SRI.D.VENKATA REDDY, S/O.D.BHIMAREDDY, AGED 165,MUNASABU GARI VEEDI, PEDAPUDI MANDALAM,EAST GODAVARI DISTRICT. ...PETITIONER(S) AND THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEPORTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. THE DISTRICT COLLECTOR, KAKINADA, KAKINADA DISTRICT. THE EXECUTIVE ENGINEER, PRI DIVISION, KAKINADA KAKINADA THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR ...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 IN THE HIGH COURT OF ANDHRA PRADESH [3332] FRIDAY, THE THIRTY FIRST DAY OF OCTOBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI KATAKAM VEERESWARA RAO, , S/O.K.CHITTIYYA,AGE 48 YEARS, 120,PEDCLA VEEDHI, KARAPA MANDALAM.GORRIPUDI, SRI.D.VENKATA REDDY, S/O.D.BHIMAREDDY, AGED 65 165,MUNASABU GARI VEEDI, PEDAPUDI ...PETITIONER(S) THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEPORTMENT, SECRETARIAT THE DISTRICT COLLECTOR, KAKINADA, KAKINADA DISTRICT. THE EXECUTIVE ENGINEER, PRI DIVISION, KAKINADA KAKINADA THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, VELAGAPUDI, AMARAVATHI, GUNTUR ...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 2 pleased to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 15,80,000/- (Rupees Fifteen Lakhs Eighty Thousand only) payable to the petitioner in relation to the works i.e. I Construction of Community even after finalizing the bills hall (First Floor) Near Markandeya Temple L.N.Puram At G.mamidada-4(v) of Pedapudi (m) Agreement No. /2023-2024, dt12 -02-2024(net Amount Rs.10,67,541/-) ,ILProviding internal CC Roads From D.Ayyappa Reddy White House to Mallidi Ganesh (H) In G.Mamidada-3(v) of Pedapudi (M) Agreement no. /2023-24,date11.01.2024(Net Amount Rs.2,39977/-) 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 to direct the respondents to forthwith consider releasing the amounts i.e.,Rs. 15,80,000/- (Rupees Fifteen Lakhs Eighty Thousand only) payable to the petitioner herein, pending disposal of the writ petition and pass Counsel for the Petitioner(S): 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING 3 The Court made the following order: The grievance of the petitioner is that even after finalizing the bills, the respondent authorities are withholding the payment of pending amount of Rs.15,80,000/- to him in relation to the works i.e., i) Construction of Community Hall (First Floor) near Markandeya Temple L.N.Puram at G.Mamidada-4 Village of Pedapudi Mandal vide Agreement No. /2023-24, dated 12.02.2024 (Net amount of Rs.10,67,541/-) ii) Providing internal CC Road from D.Ayyappa Reddy White House to Mallidi Ganesh House in G.Mamidada-3 Village of Pedapudi Mandal vide Agreement No. /2023-24, dated 11.01.2024 (Net amount Rs.2,39,977/-). 2. 2. When the matter is taken up for consideration today, Ms Chandrika, learned Assistant Government Pleader for Panchayat Raj & Rural Development, while placing on record the written instructions of the Executive Engineer, PRI Division, Kakinada vide Lr.No.EE/PRI Div/KKD/A4/WP 21815 of 2025 dated 30.10.2025, submitted that the authorities have admitted the bills of the petitioner and as against the claim made by the petitioner for an amount of Rs.15,80,000/-, the authorities, after making the necessary deductions, will have to pay an amount of Rs.14,20,174/-, however sought six months time for payment of the said amount. 3. To the said submission, Sri Devasri Roshan, learned counsel for the petitioner, reported no objection regarding payment, but submitted that six months’ time is excessive and prayed to pass appropriate orders in that regard. 4 4. Perusal of the written instructions of the Executive Engineer, PRI Division, Kakinada, dated 30.10.2025 indicates that the total gross amount for two works is Rs.15,57,644/- and net payable amount is Rs.14,20,174/- subject to recovery of statutory deductions of Rs.1,37,470/- The bills could not be uploaded in NIDHI portal due to lack of budget. The bills will be uploaded in CFMS (NIDHI Portal) as soon as the budget is released. 5. In view of the facts and circumstances of the case and taking the submissions of learned counsel for the parties into consideration, as the authorities have expressed their intention to pay the bill amount to the petitioner, there is no purpose in keeping this Writ Petition pending. As such, this Court is inclined to dispose of the same, with the consent of both the parties, at the admission stage itself, by passing the following order: “The respondent authorities are directed to release an amount of Rs.14,20,174/- (Rupees Fourteen Lakhs Twenty Thousand One Hundred and Seventy Four only) to the petitioner within a period of eight (8) weeks from the date of receipt of a copy of this order.” 6. Accordingly, the Writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI 31.10.2025 MP 5 293 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.21815 OF 2025 31.10.2025 MP