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2025 DAILYLAW 41956 (AP)

Smt. G.Padmamma, v. The State of Andhra Pradesh,

WP/23668/2025 · 2025-11-02

Ravi Cheemalapati

body2025

Judgment text

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APHC010446102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 23668/2025 Between: 1. SMT. G.PADMAMMA,, W/O. LATE. G.PRABHAKAR REDDY, AGED ABOUT 48 YEARS, OCC- CONTRACTOR-CONVENER, H.W.C., KAMIREDDYPADU VILLAGE, ANANTHASAGARAM MANDAL, SPSR NELLORE DISTRICT. R/O. MANGUPALLI VILLAGE, ANANTHASAGARAM MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI,AMARAVATI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR PANCHAYAT RAJ WING, NELLORE, SPSR NELLORE DISTRICT. 2 4. THE EXECUTIVE ENGINEER, PRI DIVISION, NELLORE, SPSR NELLORE DISTRICT. 5. THE ASSISTANT EXECUTIVE ENGINEER, PRI DIVISION, ANANTHASAGARAM, SPSR NELLORE DISTRICT. 6. THE DEPUTY EXECUTIVE ENGINEER, PRI DIVISION, ATMAKUR, SPSR NELLORE DISTRICT. 7. THE ASSISTANT PAY AND ACCOUNTS OFFICER1, NELLORE, SPSR NELLORE DISTRICT. 8. THE KAMIREDDYPADU GRAMA PANCHAYAT, REP. BY ITS PANCHAYAT SECTARY, KAMIREDDYPADU VILLAGE, ANANTHASAGARAM MANDAL SPSR NELLORE DISTRICT. 9. THE MANGUPALLI GRAMA PANCHAYAT, REP. BY ITS PANCHAYAT SECTARY, MANGUPALLI VILLAGE, ANANTHASAGARAM MANDAL, SPSR NELLORE DISTRICT. 10. THE GOWRAVARAM GRAMA PANCHAYAT, REP. BY ITS PANCHAYAT SECTARY, GOWRAVARAM VILLAGE, ANANTHASAGARAM MANDAL, SPSR NELLORE 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring action of the Respondents in not releasing the bills amount to the petitioner worth of Rs.1,28,664/- vide Agreement Agt.No. /2023-24 dated.20.01.2024 with M.Book.No.436/B-2021-22 for exuction of work i.e.,Construction of CC Road from Iraganaboina Subbarao Empty place to 3 Allampati Chinna Khajavalli House At Kamireddypadu Village in Kamireddypadu Secretariat of Ananthasagaram Mandal, an amount of Rs.4,44,992/- vide Agreement Agt No. /2023-24 dated.21.01.2024 with M.Book.No.465-B/2021-22 for execution of Work Construction of CC Road From Chennakesava Swami Temple to R.O. Plant in Kamireddypadu Village in Kamireddypadu Secretariat, Kamireddypadu Mandal, an amount of Rs.2,23,058/- vide Agreement Agt No. /2023-24, dated.22.01.2024 with M.Book.No.152-C/2022-23 for exuction of work Construction of CC Road from Aakula Ramaiah Empty Place to Aakula Subbarao House at Gowravaram Village in Kamireddypadu Secretariat of Ananthasagaram Mandal, and an amount of Rs.2,47,149/- with interest vide Agreement Agt No. /2023-24 dated.22.01.2024 with M.Book.No.464-B/2021-22 for exaction of work i.e.,Construction of CC Road from Malla Guravaiah House to Thuraka Narasimhulu House at Mangupalli Village in Kamireddypadu Secretariat of Ananthasagaram Mandal, in total amount of Rs. 10,43,863/- under grant GGMP even after completion of execution of Works and causing heavy loss with interest even though total works were completed within time as illegal, arbitrary and violation of Article 14, 16 and 21 of Constitution of India and consequently direct the respondents to release the amounts worth of Rs. 10,43,863/- with interest under grant GGMP payable to the petitioner herein with interest @ 24percent per annum for the delayed amount till date of realization for the works executed by the petitioner and to 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 pleased to direct the respondents to release the amounts worth of Rs. 10,43,863/- with interest under grant GGMP payable to the petitioner herein with interest @ 24% per annum for the delayed amount till date of realization for the works executed by the petitioner forthwith pending disposal of the above writ petition and to pass 4 Counsel for the Petitioner: 1. SHAIK MEERAVALI 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 to the petitioner in relation to the completed construction works under various agreements dated 20.01.2024, 21.01.2024 and 22.01.2024, the present writ petition has been filed. 2. Heard Sri Shaik Meeravali, 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 dated 01.11.2025 submitted that the authorities have admitted to pay the entitled net amount to the petitioner and sought time for such payment. 4. To the said submission, learned counsel for the petitioner reported no objection. 5 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 eight (08) weeks 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: 03.11.2025 ANS 6 103 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 23668/2025 Date: 03.11.2025 ANS