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2025 DAILYLAW 43802 (AP)

MULAKALA VENKATA SUNIL BABU v. THE STATE OF ANDHRA PRADESH

WP/13230/2024 · 2025-04-29

Gannamaneni Ramakrishna Prasad

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Judgment text

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r IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 13230 OF 2024 Between: Mulakala Venkata Sunil Babu, S/o Omkaram, Aged about 33 years, R/o Pandillapalli Village, Vetapalem Mandal, Baptia District. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Panchayat Raj and Rural Development, A.P Secretariat Buildings, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Represented by its Principal Secretary, Department of Finance and Planning, A.P Secretariat buildings, Velagapudi, Guntur District. 3. The District Collector, Bapatia, Bapatia District. 4. The Executive Engineer, Panchayati Raj Department, PRI + PIU Division , Bapatia, Bapatl District. 5. The Dy. Executive Engineer, PRI Sub Division, Parchur, Bapatia District ...Respondents 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 or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the admitted due amount of Rs. 15,98,167/-(Fifteen Lakh Ninety Eight Thousand One Hundred Sixty Seven Rupees Only) to petitioner herein in relation to Two contract Works executed for 4*^ respondent by the petitioner herein, under agreement and Bearing Nos /2023-24, /2023-24, /2023-24, /2023-24 and Slip No. 1-AGT- Dt.27-01-2024, date 31-07-2023 despite lapse of more than one years, even after finalizing the bills, as illegal, arbitrary, unconstitutional and consequently direct the respondents herein to immediately pay the admitted due amount of 15,98,167/-(Fifteen Lakh Ninety Eight Thousand One Hundred Sixty Seven Rupees)to petitioner herein in relation to Two Contract Work executed for 4rt respondent by the petitioner herein, under agreement Bearing No /2023- 24, /2023-24, /2023-24, /2023-24 and Slip No. 1-AGT-Dt.27-01-202 4, date 31-07-2023. lA 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 to direct the respondents herein to release the due amount of Rs. 15,98,167/- (Fifteen Lakh Ninety Eight Thousand One Hundred Sixty Seven Rupees) payable to the petitioner in relation to two works executed for 4‘^ respondent under agreements Bearing No’s. /2023-24, /2023-24, /2023-24, /2023-24 & Slip No. 1-AGT-Dt.27-01-2024, Dated 31-07- 2023 executed by the petitioner herein within a stipulated time frame. Counsel for the Petitioner: SRI KODE RAMESH BABU Counsel for the Respondent Nos.1,4 & 5: GP FOR PANCHAYAT RAJ rural dev Counsel for the Respondent No.2: Counsel for the Respondent No.3: The Court made the following: GP FOR FINANCE AND PLANNING GP FOR REVENUE APHC010265382024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 13230/2024 Between: 1.MULAKALA VENKATA SUNIL BABU, S/0 OMKARAM, AGED ABOUT 33 YEARS, R/0 PANDILLAPALLI VILLAGE, VETAPALEM MANDAL BAPTLA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED PANCHAYAT RAJ AND A.P SECRETARIAT BUIIDINGS BY ITS RURAI VEIAGAPUDI, PRINCIPAI SECRETARY, DEVEIOPMENT, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REPRESENTED DEPARTMENT OF FINANCE AND PIANNING, A.P SECRETARIAT BUILDINGS, VEIAGAPUDI DISTRICT. 3.THE DISTRICT COIIECTOR, BAPATLA, BAPATLA DISTRICT. 4.THE EXECUTIVE ENGINEER, PANCHAYATI RAJ DEPARTMENT, P R I - PIU DIVISION , BAPATLA, BAPATLA DISTRICT. 5.THE DY EXECUTIVE ENGINEER, PRI SUB DIVISION, PARCHUR BAPATLA DISTRICT BY ITS PRINCIPAL SECRETARY, GUNTUR ...RESPONDENT(S): Counsel for the Petitioner: 2 1.K0DE RAMESH BABU Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE 3.GP FOR FINANCE PLANNING The Court made the following: ORAL ORDER: Heard Sri Kode Ramesh Babu, learned Counsel for the Writ Petitioner and Sri Panku Rajesh Kumar, learned Assistant Government Pleader Panchayat Raj. 2. Sri Panku Rajesh Kumar, learned Assistant Government Revenue, has submitted the Written Instructions furnished by the Executive Engineer, PRI Division, Guntur, dated 29.04.2025. Copy of it is supplied to the Counsel for the Writ Petitioner and the same is taken on record. 3. The Payment Summary in the Written Instructions would indicate that the total value of work done by the Writ Petitioner Statutory Recovery is for an amount of Rs.2,01,298/-, and that the balance amount due to the Petitioner is of Rs.13,79,203/-. 4. Learned Counsel for the Petitioner, having taken instructions from client, IS agreeable to the balance amount of Rs.13,79,203/- on the condition that the said due amount may be directed to be remitted to the Writ Petitioner as expeditiously as possible. for Pleader for is Rs.15,80,501/-. The his 5. Having regard to the above facts, this Court deems it appropriate to allow this Writ Petition, directing the Official Respondents to pay a sum of Rs.13,79,203/- (Rupees Thirteen Lakh Seventy Nine Thousand Two Three Only) as full and final settlement within Hundred a period of sixteen (16) weeks from today, by completing all the inter-departmental administrative formalities by cooperation and coordination between all the concerned departments and % 3 .V % transfer the said amount to the bank account of the Writ Petitioner within a period of four (04) weeks thereafter. Writ Petitioner is directed to submit a copy of the bank account details to the Competent Authority forthwith for effective compliance. 6. With these observations and directions, the Writ Petition stands allowed. No order as to costs. 7. Interlocutory Applications, if any, stand closed in terms of this order. 8. Sd/- P.VINOD KUMAR ASSISTANT registrar //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, State of Andhra Pradesh, Panchayat Raj and Rural Development, A.P Secretariat Buildings, Velagapudi, Guntur District. 2. The Principal Secretary, State of Andhra Pradesh, Department of Finance and Planning, A.P Secretariat buildings, Velagapudi, Guntur District. 3. The District Collector, Bapatia, Bapatia District. 4. The Executive Engineer, Panchayati Raj Department, PRI + PIU Division , Bapatia, Bapatl District. 5. The Dy. Executive Engineer, PRI Sub Division, Parchur, Bapatia District 6. One CC to SRI. KODE RAMESH BABU Advocate [OPUC] 7. Two CCS to GP FOR PANCHAYAT RAJ RURAL DEV ,High Court Of Andhra Pradesh. [OUT] 8. Two CCS to GP FOR FINANCE AND PLANNING ,High Court Of Andhra Pradesh. [OUT] 9. Two CCs to GP FOR REVENUE, High Court Of Andhra Pradesh. [OUT] 10. Three CD Copies sree O HIGH COURT DATED:30/04/2025 ORDER and/^ i? WP.No.13230 of 2024 =S 0 1 ALS 2^ m C9 ^ . Current Seciion ALLOWING THE W.P. WITHOUT COSTS