Gamineedu Nagendrudu v. The State of Andhra Pradesh,
WP/9012/2025 · 2025-05-05
Gannamaneni Ramakrishna Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46799 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46799 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
V.' ^ / w IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 9012 OF 2025 Ife m *0 r Between: Gamineedu Nagendrudu, S/o. Venkatesawarlu, Aged about 59 years Occ- Contractor, R/o. 10-92, Narakoduru Village Chebrolu Mandal, Guntur ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The District Collector, Guntur, Guntur District
4. The Executive Engineer, Panchayat Raj Division, Tenali
5. The Deputy Executive Engineer, PRI Subdivision, Ponnuru
6. The Assistant Engineer, Mandal Praja Parishad, Chebrolu
7. The Pay and Accounts Officer, Guntur District, Guntur. ...RESPONDENTS - Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ order or direction more particularly one in the nature of writ of MANDAMUS declaring the action of the respondents in not may
releasing the amount of Rs.3,93,287/- (Three Lakhs Ninety Three Thousand Two Eighty-Seven) to the petitioner even after the timely execution of the CC Road from Vepuri Srinu (H) to Pattikalavaa Vanthena In Providing (V) and Chebrolu (M) sanctioned vide Proceedings Agreement and violative of Articles 14 Chebrolu-2 No. Nil/2022-23 Dt. 13.01.2023 as illegal, arbitrary Constitution of India and also opposed to the settled principles and 21 of the of law, amount Seven) to Srinu (H) to with 12percent and consequently direct the respondents to forthwith pay the total of Rs.3.93>2®^^" (Three Lakhs Ninety Three Thousand Two Eighty- the petitioner for the execution of Providing CC Road from Vepuri pattikalavaa Vanthena In Chebrolu-2 (V) and Chebrolu (M) along interest per annum.
lA NO: 1 OF2025 under Section 151 CPC praying that in the circumstances affidavit filed in support of the writ petition, the High Court may direct the respondents to pay the total amount of Rs.3,93,287/- Ninety Three Thousand Two Eighty-Seven) to the petitioner Petition stated in the be pleased to (Three Lakhs after the timely execution of the Providing CC Road from Vepuri Srinu even (H) to vide Pattikalavaa Vanthena In Chebrolu-2 (V) & Chebrolu (M sanctioned Proceedings Agreement No. Nil/2022-23 Dt. 13.01.2023 to the petitioner. for the PetitionerSRI KALLA GUNA SEKHAR - for the Respondents No.1,4,5,6: GP FOR PANCHAYAT RAJ RURAL DEVELOPMENT Counsel for the Respondents No.2,7: GP FOR FINANCE Counsel for the Respondent No.3: GPFOR REVENUE The Court made the following: ORDER Counsel Counsel
1 cv APHC010174172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 9012 OF 2025 Between:
S/0. VENKATESAWARLU, AGED R/0. 10-92, 1.GAM1NEEDU NAGENDRUDU ABOUT 59 YEARS NARAKODURU VILLAGE CHEBROLU MANDAL, GUNTUR OCC- CONTRACTOR, ...PETITIONER AND ANDHRA PRADESH, REP. BY ITS PRINCIPAL PANCHAYAT RAJ AND RURAL DEVELOPMENT SECRETARIAT BUILDINGS, 1.THE STATE OF SECRETARY, DEPARTMENT, AMARAVATHI, GUNTUR DISTRICT. VELAGAPUDI 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 3.THE DISTRICT COLLECTOR, GUNTUR, GUNTUR DISTRICT 4.THE EXECUTIVE ENGINEER, PANCHAYAT RAJ DIVISION, TENALI PRl SUBDIVISION, DEPUTY EXECUTIVE ENGINEER, 5.THE PONNURU 6.THE ASSISTANT ENGINEER, MANDAL PRAJA PARISHAD CHEBROLU GUNTUR DISTRICT, PAY AND ACCOUNTS OFFICER 7.THE GUNTUR. 2 ■ 'I ...RESPONDENT(S); Counsel for the Petitioner: 1.KALLAGUNASEKHAR Counsel for the Respondent(S):
1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR FINANCE PLANNING The Court made the following ORAL ORDER: Heard Sri S. Raja Mouli, learned Counsel appearing on behalf of Sri K. Gunasekhar, Ld. Counsel for the Writ Petitioner and Ms. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj & Rural Development and Finance & Planning.
Ms. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj for has submitted the Written Instructions furnished by the Executive Engineer, PR Division, Tenali, dated 03.05.2025. Copy of it is supplied to the Counsel for the Writ Petitioner and the same is taken on record. 2. The Payment Summary in the Written Instructions would indicate that the total value of work done by the Writ Petitioner is Rs.4,78,070/-. The Quality Control/Withheld Amount (towards costs of Cement, QC and Withheld) is for an amount of Rs.68,788/- and that the balance amount due to the Petitioner is of Rs.4,09,282/-. 3.
Learned Counsel for the Petitioner, having taken instructions from his client, is agreeable to accept the balance amount of Rs.4,09,282/- as full and final settlement on the condition that the said due amount may be directed to be remitted to the Writ Petitioner as expeditiously as possible.
4. 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.4,09,282/- as full and final settl^ent within a period of twelve (12) weeks
5.
3 from today, by completing all the inter-departmental administrative formalities by cooperation and coordination between all the concerned departments and 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. With these observations and directions, the Writ Petition stands allowed. No order as to costs.
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8. Interlocutory Applications, if any, stand closed in terms of this order. / SD/- V.SAVITHRI GOWRI ASS!STAf4T REGISTRAR //TRUE COPY// SECTION OFFICER To
1. The Principal Secretary, State of Andhra Pradesh, Panchayat Raj and Rural pivelopment Department, Secretariat Buildings, Velagapudi, Amar^Vathi,*Sun!LFDistrict. '
2. The Principal Secretary,, State of Andhra Pradesh, Finance Department Secretariat Buildings, 'Velagapudi, Amaravathi, Guntur District.
3. The District Collector, Guntur, Guntur District
4. The Executive Engineer, Panchayat Raj Division, Tenali
5. The Deputy Executive Engineer, PRI Subdivision, Ponnuru
6. The Assistant Engineer, Mandal Praja Parishad, Chebrolu
7. The Pay and Accounts Officer, Guntur District, Guntur.
8. One CC to SRI. KALLA GUNA SEKHAR Advocate [OPUC]
9. Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV, High Court of Andhra Pradesh. [OUT]
10. Two CCs to GP FOR FINANCE, High Court of Andhra Pradesh. [OUT]
11. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh. [OUT]
12. Three C.D.Copies nm
HIGH COURT DATED:06/05/2025
ORDER WP.No.9012 of 2025 ALLOWING THE WP WITHOUT COSTS