Extracted from the PDF above. The PDF is authoritative.
APHC010354902024
IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between:
1. N MUSTAQ, S/O N.ABDUL HAMEED AGED 45 YEARS, R/O.
H.NO.1/541/32, 4TH EMPLOYEES COLONY, ADONI MANDAL, KURNOOL DISTRICT. 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATH RAJ DEPARTMENT, A.P.
VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 3. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY,
A DEPARTMENT, AP SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 4. THE COMMISSIONER AND DIRECTOR OF AGRICULTURAL MARKETING, GUNTUR, GUNTUR DISTRICT. 5. THE CHIEF ENGINEER, PANCHAYAT RAJ CIRCLE, VIJAYAWADA, KRISHNA DISTRICT
6. THE SUPERINTENDING ENGINEER, PANCHAYATI RAJ CIRCLE, KURNOOL, KURNOOL DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 18159/2024 N MUSTAQ, S/O N.ABDUL HAMEED AGED 45 YEARS, R/O.
H.NO.1/541/32, 4TH EMPLOYEES COLONY, ADONI MANDAL, KURNOOL DISTRICT. ...PETITIONER AND THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATH RAJ DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY,
AGRICULTURAL AND
CO OPERATIVE DEPARTMENT, AP SECRETARIAT BUILDING, VELAGAPUDI, THE COMMISSIONER AND DIRECTOR OF AGRICULTURAL MARKETING, GUNTUR, GUNTUR DISTRICT. THE CHIEF ENGINEER, PANCHAYAT RAJ CIRCLE, VIJAYAWADA, KRISHNA DISTRICT. THE SUPERINTENDING ENGINEER, PANCHAYATI RAJ CIRCLE, KURNOOL, KURNOOL DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH [3332] THE ELEVENTH DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI N MUSTAQ, S/O N.ABDUL HAMEED AGED 45 YEARS, R/O.
H.NO.1/541/32, 4TH EMPLOYEES COLONY, ADONI MANDAL, ...PETITIONER THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDING, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL GRICULTURAL AND
CO OPERATIVE DEPARTMENT, AP SECRETARIAT BUILDING, VELAGAPUDI, THE COMMISSIONER AND DIRECTOR OF AGRICULTURAL THE CHIEF ENGINEER, PANCHAYAT RAJ CIRCLE, VIJAYAWADA, THE SUPERINTENDING ENGINEER, PANCHAYATI RAJ CIRCLE,
2
7. THE EXECUTIVE ENGINEER, , PANCHAYATH RAJ PRI DIVISION, ADONI, KURNOOL 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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the payments for the 6 road repair works executed by the petitioner under the Grant APAM (AMC) Agriculture Marketing Committee Providing Execution of Work Package No. APAM/KRNL/ADONI/01, Consisting of 6 Road Works in Adoni Constituency of Kurnool District through Agreement No. 2022-23 and dated 27.06.2022 for an amount of Rs. 98,46,072/- is illegal, arbitrary and contrary to law and un constitution and violation of Article 14 of Constitution of India and consequently direct the respondent authorities to release an amount of Rs. 98,46,072/- with 18 percentage Per annum to the petitioner in respect of the execution of aforementioned work forthwith and to pass IA 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 respondent authorities to release an amount of Rs. 98,46,072/- with interest at 18 percentage for the 6 road repair works executed by the petitioner under the Grant APAM (AMC) Agriculture Marketing Committee Providing Execution of Works Package No. APAM/KRNL/ADONI/01, Consisting of 6 Road Works in Adoni Constituency of Kurnool Districtthrough the Agreement No. 2022-23 dated 27.06.2022 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 to grant leave to the respondent No.4 to file the counter affidavit and pass Counsel for the Petitioner:
1. MARELLA RADHA Counsel for the Respondent(S):
1. GP FOR PANCHAYAT RAJ RURAL DEV
2. GP FOR AGRICULTURE
3.
GP FOR FINANCE PLANNING
3
The Court made the following order: The grievance of the petitioner is that the respondent authorities are not releasing the payments for 6 road repair works executed by the petitioner under the Grant APAM (AMC) Agriculture Marketing Committee i.e., providing Execution of Work Package No.APAM/KRNL/ADONI/01, consisting of 6 Road Works in Adoni Constituency of Kurnool District through Agreement No.2022- 23 dated 27.06.2022 for an amount of Rs.98,46,072/-. 2. When the matter is taken up for consideration today, Smt D.Chandrika, learned Assistant Government Pleader for Panchayat Raj & Rural Development, placed on record the counter affidavit of respondent No.7 across the Bench and submitted that the authorities have admitted the bill of the petitioner and they will have to pay the net amount of Rs.98,46,072/-, however sought six months’ time for payment of the said amount. 3. To the said submission, Smt Marella Radha, learned counsel for the petitioner, reported no objection regarding payment and granting six months’ time for making payment and prayed to pass appropriate orders in that regard. 4. 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 net 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:
4
“The respondent authorities are directed to release an amount of Rs.98,46,072/-(Rupees Ninety Eight Lakhs Forty Six Thousand and Seventy Two only) to the petitioner within a period of six (6) months from the date of receipt of a copy of this order. It would be open to the petitioner to agitate his claim for interest, if any, payable by the respondents in an appropriate forum, if so advised.”
5. 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
11.12.2025 MP
5
125 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO.18159 OF 2024 11.12.2025
MP