DARAPANENI SRINIVASULU v. THE STATE OF ANDHRA PRADESH
WP/6932/2024 · 2025-05-04
Gannamaneni Ramakrishna Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49361 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49361 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 6932 OF 2024 Between: Darapaneni Srinivasulu, S/o. Chennaiah, aged about 53 years D.No 3-7- 57, Battilavari Street, Settygunta Road, Nellore, SPSR Nellore District, Andhra Pradesh. ...Petitioner AND
1. The State of Andhra Pradesh, Rep by its Principal Secretary, Panchayat Raj AND Rural Development Department, Secretariat, Velagapudi, Guntur District. 2. The Commissioner of Panchayat Raj AND Rural Development, D. No. 12-47, PVS Icon, Pathuru Cross Road, Tadepalli, Amaravathi, Andhra Pradesh. 3. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat, Velagapudi, Guntur District. 4. The District Collector, SPS Nellore District, Andhra Pradesh. 5. The Mandal Parishad Development officer, Kovur, SPSR Nellore District, Andhra Pradesh. 6. The Additional program officer, Kovur, SPSR Nellore District, Andhra Pradesh. 7. A.P. State Housing Corporation, Rep. by the Managing Director, Plot No. 11 and 12, Nirmaan Bhavan, APIIC Colony Road, Auto Nagar, Vijayawada, N.T.R. District, A.P.
8. The Project Director, A.P. State Housing Corporation, Nellore District Near Nippo Center, Vedayapalem, Nellore, SPS Nellore District, A.P. (RR 7 and 8 are impleaded as per the CO dt.06.08.2024 vide orders passed in lA No.2 of 2024). ...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents herein not releasing the total bills amount worth of Rs. 28,38,420/- (Rupees Twenty eight lakhs thirty eight thousand four hundred and twenty only) with interest @ 12% p.a., under grant of MGNREGS to the petitioner till today after completion of execution of Navaratnalu pedaladariki lllu- Land Development works taken up in YSR Jagananna Housing Colonies of NPI Phase-1 programme under MGNREGS in Inamadugu Village of Kowuru Mandal, SPSR Nellore District and causing heavy loss with Interest even though the work was completed within time as illegal arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequentially direct the Respondents to release and pay the total bills amount of Rs.
28,38,420/- (Rupees Twenty eight lakhs thirty eight thousand four hundred and twenty only) with Interest under grant of MGNREGS forthwith to the petitioner. I Ts lA NO:
1 OF 2024 Petition under Section 151 CPC is filed 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 release and pay the total bills amount worth of Rs. 28,38,420/- (Rupees Twenty eight lakhs thirty eight thousand four hundred and twenty only) with Interest under grant of MGNREGS forthwith to the petitioner, pending disposal of the above writ petition. Counsel for the Petitioner: SRI M. NARENDRA BABU, REP. SRI SRINIVASA RAO NARRA Counsel for the Respondent Nos.1, 2, 6: SRI PANKU RAJESH KUMAR, AGP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT Counsel for the Respondent No.3: SRI SOMA RAJU, AGP FOR FINANCE PLANNING Counsel for the Respondent No.5: SRI T. SANJEEVA RAO, AGP FOR REVENUE Counsel for the Respondent No.5: SRI P.A.K. YADAV, REP. SRI SUDHIR MATTEGUNTA, SC FOR ZPP, MPP, GRAM PANCHAYAT Counsel for the Respondent Nos.7 & 8: SRI KALYAN CHAKRAVARTHY R The Court made the following:
APHC010133042024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] n.
MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 6932/2024 Between:
1.DARAPANENI SRINIVASULU, S/0. CHENNAIAH, AGED ABOUT 53 YEARS D.NO 3-7-57, BATTILAVARl STREET, SETTYGUNTA ROAD, NELLORE, SPSR NELLORE DISTRICT, ANDHRAPRADESH. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL PANCHAYAT RAJ AND RURAL DEVELOPMENT SECRETARY, DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. COMMISSIONER OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, D. NO. 12-47, PVS ICON, PATHURU CROSS ROAD, TADEPAUI, AMARAVATHI, ANDHRA PRADESH. 3.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT VELAGAPUDI, GUNTUR DISTRICT. 4.THE DISTRICT COLLECTOR, SPS NELLORE DISTRICT, ANDHRA PRADESH. 5.THE MANDAL PARISHAD DEVELOPMENT OFFICER, KOVUR, SPSR NELLORE DISTRICT, ANDHRA PRADESH. 6.THE ADDITIONAL PROGRAM OFFICER, KOVUR, SPSR NELLORE DISTRICT, ANDHRA PRADESH. 2.THE SECRETARIAT,
w- 2 /*> 7.A.P. STATE HOUSING CORPORATION, REP. BY THE MANAGING DIRECTOR, PLOT NO.
11 AND 12, NIRMAAN BHAVAN, APIIC COLONY ROAD, AUTO NAGAR, VIJAYAWADA, N.T.R. DISTRICT, A.P.
8.THE PROJECT DIRECTOR, A.P. STATE HOUSING CORPORATION, NELLORE DISTRICT, NEAR NIPPO CENTER, VEDAYAPALEM, NELLORE, SPS NELLORE DISTRICT, A.P. RR 7 AND 8 ARE IMPLEADED AS PER THE CO DT.06.08.2024 VIDE ORDERS PASSED IN lA N0.2 OF 2024. ...RESPONDENT{S): Counsel for the Petitioner:
1.SRINIVASA RAO NARRA Counsel for the Respondent{S):
1. KALYAN CHAKRAVARTHY R 2.VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT 3.GP FOR FINANCE PLANNING 4.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following:
ORAL ORDER: Heard Sri M. Narendra Babu, learned Counsel representing Sri Narra Srinivasa Rao, learned Counsel for the Writ Petitioner, Sri T. Sanjeeva Rao, learned Assistant Government Pleader for Revenue, Sri Panku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj & Rural Development, Sri P.A.K Yadav, learned Counsel appearing on behalf of Sri Sudhir Mattegunta, learned Standing Counsel for Gram Panchayat and Sri Soma Raju, learned Assistant Government Pleader for Finance Planning. In compliance with the Order of this Court dated 29.04.2025, the Official Respondents have furnished a Written Instructions. Copies of it are served the Counsel for the Petitioner and the same are taken on record. 2. on
% 3 For the present purpose, the Written Instructions furnished by the District Collector, Collector/DPCs, Development, MGNREGS, SPSR Nellore District dated 03.05.2025 is considered by this Court. 3. These Written Instructions indicate that the inspection undertaken by the Quality Control Team is presently going on and that, upon receipt of the Quality Control Report, the bills will be uploaded on the Housing Portal for payment. 4. At the outset, this Court is constrained to observe that the approach of the Authorities in dragging their feet for so long, only for the purpose of Quality Control, is completely unsatisfactory. This Writ Petition has been pending since March 2024.
This Court had granted as many as ten opportunities, from time to time, to the Official Respondents to render clear Written Instructions. In this Court is of the view that it cannot take more than one year for
5. any case initiating the Quality Control Inspection, especially in a contract of this nature which involves levelling of the earth for the purpose of a Housing Colony. Having regard these facts and circumstances of the case, this Court is of the opinion that the present Writ Petition can be
disposed of at the admission stage without going into merit, directing the Official Respondentsto complete the Quality Control Inspection within a period of eight (08) weeks from today and submit a Report to the Competent Authority within four (04) weeks thereafter. The Competent Authority shall inform the Writ Petitioner as regards the outcome of the Reports submitted by the Quality Control Team within two (02) weeks thereafter. With these directions and observations, this Writ Petition is disposed of. No order as to costs
6.
7. Interlocutory Applications, if any, stand closed in terms of this order.
Sd/- B CHITTI JOSEPH ASSISTANT REGISTRAR
8.
//TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, State of Andhra Pradesh, Panchayat Raj AND Rural Development Department, Secretariat, Velagapudi, Guntur District. /
2. The Commissioner of Panchayat Raj AND Rural Development, D. No. 12-47, PVS Icon, Pathuru Cross Road, Tadepalli, Amaravathi, Andhra Pradesh.
3. The Principal Secretary, State of Andhra Pradesh, Finance Department, Secretariat, Velagapudi, Guntur District.
4. The District Collector, SPS Nellore District, Andhra Pradesh.
5. The Mandal Parishad Development officer, Kovur, SPSR Nellore District, Andhra Pradesh.
6. The Additional program officer, Kovur, SPSR Nellore District, Andhra Pradesh.
7. The Managing Director, A.P. State Housing Corporation, Plot No. 11 and 12, Nirmaan Bhavan, APIIC Colony Road, Auto Nagar, Vijayawada, N.T.R. District, A.P.
8. The Project Director, A.P. State Housing Corporation, Nellore District, Near Nippo Center, Vedayapalem, Nellore, SPS Nellore District, A.P.
9. One CC to Sri Srinivasa Rao Narra, Advocate [OPUC] One CC to Sri Kalyan Chakravarthy R, Advocate [OPUC] Two CCs toGP FOR PANCHAYAT RAJ RURAL DEV, High Court Of Andhra Pradesh. [OUT] Two CCs to GP FOR REVENUE, High Court Of Andhra Pradesh.
10.
11.
12. [OUT]
13.
Two CCs toGP FOR FINANCE PLANNING, High Court Of Andhra Pradesh. [OUT] One CC to Sri Venkata Reddy Gajjala, Standing Counsel for ZPP, MPP and Gram Panchayat [OPUC] Three CD Copies
14.
15. sree
HIGH COURT DATED:05/05/2025
ORDER WP.No.6932 of 2024 DISPOSING OF THE W.P.
WITHOUT COSTS