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2025 DAILYLAW 41073 (AP)

P NARAYANA SWAMY v. The State of Andhra Pradesh

WP/31407/2025 · 2025-12-03

Ravi Cheemalapati

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010606542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY, THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 31407/2025 Between: 1. P NARAYANA SWAMY, S/O. LATE CHINNA PULLAPPA AGED ABOUT 55 YEARS, R/O. 8-39, GANDLAVARIPALLI VILLAGE, MUDIGUBBA MANDAL, SREE SATYA SAI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, PANCHAYT RAJ AND RURAL DEVELOPMENT DEPARMTENT, SECRETARIAT, VELAGAPUDI, AMARAVATI CAPITAL CITY, GUNTUR DISTRICT 2. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, FINACE AND PLANNING DEPARMTENT, SECRETARIAT, VELAGAPUDI, AMARAVATI CAPITAL CITY, GUNTUR DISTRICT. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, PVS ICON, PATHURU CROSS ROAD, TADEPALLI, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR, PUTAPARTHY, SREE SATYA SAI DISTRICT. 5. THE EXECUTIVE ENGINEER, P. R. DIVISION, PENUKONDA, SREE SATYA SAI DISTRICT. 6. THE PROJECT DIRECTOR, DISTRICT WATER MANAGEMENT AGENCY, PUTAPARTHY, SREE SATYA SAI 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 to issue a writ order or direction more particularly one in the nature a WRIT OF MANDAMUS declaring the action of the respondents in withholding the payment of Rs.29119/- Rs.11778/- Rs.11842/- Rs.9762/- Rs.10162 Rs.11,833/- Rs.24509/- Rs.18575/- Rs.24990/- Rs.24079/- Rs.8504/- Rs.18988/- Rs.8891/- to the total sum of Rs.2,13,032/- as well as EMD deposits of Rs.23,000/- Rs.5000/- Rs.5000/- Rs.5000/- Rs.5000/- Rs.5000/- Rs.9000/- Rs.7000/- Rs.14000/- Rs.25000/- Rs.7000/- Rs.20000/- Rs.17,000/ to the total sum of Rs. 1,27,000/-due to the petitioner despite successful completion of works in terms of the work orders even after completion and inspite of repeated requests, as illegal, arbitrary, discriminatory, unjust enrichment, violative of Articles 14, 19, 21 and 300-A of the Constitution of India agreement/s for the works done by the petitioner, and consequently direct the Respondents to forthwith release the due payment of approved bill amounts of Rs.2,13,032/- along with EMD deposits of Rs.1,27,000/- and interest @ 24 percentage p.a. to the petitioner from the dates of approval of the i.e., 27.02.2019, respectively till payment is made. 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 grant interim direction to the respondents to forthwith pay the principle amounts for the approved bill/s due to the petitioner to the tune of Rs.2,13,032/- along with EMD deposits of Rs.1,27,000/- for the works executed by the petitioner. Counsel for the Petitioner: 1. NAVULURU KRISHNA SAI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following ORDER: Aggrieved by the non-payment of bill amounts due to the petitioner in terms of the work orders even after completion under M-Book, the present writ petition is filed. 2. Heard Sri N.Krishna Sai, learned counsel for the petitioner and Smt. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj. 3. Learned Assistant Government Pleader for Panchayat Raj on written instructions dated 02.12.2025 submitted that, the authorities have admitted to pay the entitled net amount to the petitioner and sought four (4) months time for 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, at the admission stage 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 ten (10) weeks from the date of receipt of copy of this order.” Accordingly, the writ petition is disposed of. No costs. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 04.12.2025 Ksn/RMR 296 HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITON No.31407 of 2025 Date: 04.12.2025 KSN/RMR