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2025 DAILYLAW 44431 (AP)

Y.Pullaiah, v. The State of Andhra Pradesh,

WP/17856/2025 · 2025-12-30

Ravi Cheemalapati

body2025

Judgment text

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APHC010348262025 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: 17856/2025 Between: 1. Y.PULLAIAH,, S/O. Y.MARCHARLAIAH, AGED ABOUT 66 YEARS, OCC- CONTRACTOR, R/O. D.NO. 40-5-19/3, KADAMBARI APARTMENTS, FLAT NO.2, TAKKILI ROAD, VIJAYAWADA, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, PANCHAYATRAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE CHIEF EXECUTIVE OFFICER ZPP, KRISHNA, MACHILIPATNAM, KRISHNA DISTRICT. 3. THE SUPERINTENDENT ENGINEER, PR CIRCLE, MACHILIPATNAM, KRISHNA DISTRICT. 4. THE EXECUTIVE ENGINEER, P.R.I DIVISION, MACHILIPATNAM, KRISHNA DISTRICT. 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2 ...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 of mandamus or any other appropriate writ or direetion declaring the action of the Respondents in withholding the payment of 1st and final bill amount of Gross Rs. 66,42,572/-, Net amount of Rs. 60,62,122/- even after finalizing the bills, payable to the petitioner in relation to the works is Package No. 1(7 works) Pedana Constituency 1. Providing BT Road from Kuduru to Krishnapuram (0/00 KM to 0/200 KM in Pedana Mandal, Est.Rs. 10.00 Lakhs, 2. Providing BT Road from kuduru to krishnapuram (0/200 KM to 0/400 KM in Pedana Mandal, Est.Rs. 10.00 Lakhs 3. Providing BT Road from kuduru to krishnapuram (0/400 KM to 0/600 KM in Pedana mandal, Est.Rs. 10.00 Lakhs 4. Providing BT Road from kuduru to krishnapuram (0/600 KM to 0/800 KM in Pedana Mandal, Est.Rs. 10.00 Lakhs 5. Providing BT Road from kuduru to krishnapuram (0/800 KM to 1/1000 KM in Pedana Mandal, Est. Rs. 10.00 Lakhs. 6. Providing BT Road from kuduru to krishnapuram (1/1000 KM to 1/200KM in Pedana Mandal, Est.Rs. 10.00 Lakhs, 7. Providing BT Road from kuduru to krishnapuram (1/200 KM to 1/400 KM in Pedana Mandal, Est.Rs. 10.00 Lakhs, Total Est. Cost Rs.70.00 Lakhs vide agreement No./2023-24, dt- 21.08.2023 in M.Book No. 670A/22-23, with interest @12percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith 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 consider for payment of balance amounts of Gross Rs.66,42,572/-, Net amount of Rs. 60,62,122/- even after finalizing the bills, payable to the petitioner in relation to the works is Package No. 1(7 works) Pedana Constituency 1. Providing BT Road from Kuduru to Krishnapuram (0/00 KM to 0/200 KM in Pedana Mandal, Est.Rs. 10.00 Lakhs, 2. Providing BT Road from kuduru to krishnapuram (0/200 KM to 0/400 KM in Pedana Mandal, Est.Rs. 10.00 Lakhs 3. Providing BT Road from kuduru to krishnapuram (0/400 KM to 0/600 KM in Pedana mandal, Est.Rs. 10.00 Lakhs 4. Providing BT Road from kuduru to krishnapuram (0/600 KM to 0/800 KM in Pedana Mandal, 3 Est.Rs. 10.00 Lakhs 5. Providing BT Road from kuduru to krishnapuram (0/800 KM to 1/1000 KM in Pedana Mandal, Est. Rs. 10.00 Lakhs. 6. Providing BT Road from kuduru to krishnapuram (1/1000 KM to 1/200KM in Pedana Mandal, Est.Rs.10.00 Lakhs 7. Providing BT Road from kuduru to krishnapuram (1/200 KM to 1/400 KM in Pedana Mandal, Est.Rs.10.00 Lakhs, Total Est. Cost Rs.70.00 Lakhs vide agreement No./2023-24, dt: 21.08.2023 in M.Book No. 670A/22-23, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 3. GP FOR FINANCE PLANNING The Court made the following: ORDER: Non payment of bill amount to the petitioner for execution of works by providing BT Roads from Kuduru to Krishnapuram, Pedana Mandal, under various agreements, is the grievance of the petitioner. 2. Heard Sri Suresh Kumar Reddy Kalava, learned counsel for the petitioner and Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat for the respondents. 3. Learned Standing Counsel for Gram Panchayat on counter submitted that that the bill amounts, which are now claimed by the petitioner are admitted by the respondents and they are ready and willing 4 to process the same and pay the amount, however, sought six 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, as the authorities are ready to pay the net amount to the petitioner, this Court is inclined to dispose of the Writ Petition at admission stage. 6. Accordingly, the Writ Petition is disposed of. The respondents are directed to release the admitted/legally entitled amount to the petitioner at the earliest and at any rate, within a period of six (06) months from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 31st December, 2025 RKS