Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 49089 (AP)

KOPPISETTI SRINIVAS RAO v. THE STATE OF AP

WP/31906/2025 · 2025-12-09

Ravi Cheemalapati

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010607912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY,THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 31906/2025 Between: 1. KOPPISETTI SRINIVAS RAO, S/O. K. SATYANARAYANA AGED 51 YEARS, OCC- CONTRACTOR R/O. D.NO.1-63, UPPUMILLI VILLAGE, KAJULURU MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, (PRI WING) AMALAPURAM, DR. B. R. AMBEDKAR KONASEEMA DISTRICT. 4. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, OFFICE AT NAKKAL ROAD, SURYA RAO PETA, VIJAYAWADA. 5. THE SUPERINTENDENT ENGINEER, PRI CIRCLE, KAKINADA, 2 KAKINADA DISTRICT. 6. THE EXECUTIVE ENGINEER, PRI DIVISION, KAKINADA, KAKINADA DISTRICT. 7. THE KAKINADA URBAN DEVELOPMENT AUTHORITY KAUDA, REP. BY ITS VICE CHAIRMAN, KAKINADA, KAKINADA 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 or any other appropriate writ or direction declaring the action of the respondents in not releasing the total due payments of Rs. 3,67,079/- even after finalizing the bills, payable to the petitioner in relation to the work i.e.. Agreement No. /2023-24, Dt 02.05.2023 for Construction of CC Drain from OC Burial Ground to Tulyabhaga Drain at Gorripudi (V) of Karapa (M) vide M. Book. No. 2908-B/2020-21 for Rs. 3,67,079/-above (01) work was sanction under KAUDA funds, total pending bills amount of Rs. 3,67,079/- in Kakinada District through the Agreements, as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release the pending bills total amount of Rs. 3,67,079/-with interest at 18 percentage for the pending bills forthwith for the above said works executed by the petitioner 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 respondents to consider for pending bills of Rs. 3,67,079/- with interest @ 18 percentage for the works executed by the petitioner for the various works under KAUDA funds, in Kakinada District through the Agreements forthwith, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 3 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: ORDER: Non payment of bill amounts to the petitioner for Construction of CC drain from OC Burial Ground to Tulyabhaga Drain at Gorripudi Village, Karapa Mandal, East Godavari District, is the grievance of the petitioner. 2. Heard Sri Annamneedi Bala Krishna, learned counsel for the petitioner and learned Assistant Government Pleader for Panchayat Raj for the respondents. 3. Learned Assistant Government Pleader for Panchayat Raj on written instructions dated 09.12.2025 submitted that the respondents admit the bill amount claimed by the petitioner and they are ready and willing to process the same and pay the amounts, however, sought time for such payment. 4. To the said submission, learned counsel for the petitioner reported no objection but prayed to grant reasonable time as the amount is paltry. 5. Taking into consideration, the submissions of both the learned counsel, as the authorities are ready to pay the net amount to the 4 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 ten (10) weeks from the date of receipt of a copy of this order. It would be open to the petitioner to agitate its claim for interest, if any, payable by the respondents, if he is so advised, in an appropriate forum. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 10th December, 2025 RKS