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2025 DAILYLAW 49713 (AP)

EEDARA NARASAIAH v. THE STATE OF AP

WP/10868/2023 · 2025-11-30

Ravi Cheemalapati

body2025

Judgment text

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APHC010208252023 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 10868/2023 Between: 1. EEDARA NARASAIAH, S/O.KONDAIAH, AGED 67 YEARS, OCC. CONTRACTOR, R/O.D.NO.2 KANDUKUR MANDAL, SPSR NELLORE DISTRICT (OLD PRAKASAM) 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMA GUNTUR DISTRICT. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, NH -16, TADEPALLI, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT AT NELLORE. 5. THE EXECUTIVE ENGINEER, P NELLORE DISTRICT (OLD PRAKASAM) 6. THE KODIKANDUKURU GRAMAPANCHAYAT, REP.BY ITS PANCHAYAT SECRETARY, KODIKANDUKURU VILLAGE, KANDUKUR MANDAL, SPSR NELLORE DISTRICT (OLD PRAKASAM) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 10868/2023 EEDARA NARASAIAH, S/O.KONDAIAH, AGED 67 YEARS, OCC. CONTRACTOR, R/O.D.NO.2-12, KODIKANDUKURU VILLAGE, KANDUKUR MANDAL, SPSR NELLORE DISTRICT (OLD PRAKASAM) ...PETITIONER AND THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMA GUNTUR DISTRICT. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA 16, TADEPALLI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT AT THE EXECUTIVE ENGINEER, PRI DIVISION, KANDUKUR, SPSR NELLORE DISTRICT (OLD PRAKASAM) THE KODIKANDUKURU GRAMAPANCHAYAT, REP.BY ITS PANCHAYAT SECRETARY, KODIKANDUKURU VILLAGE, KANDUKUR MANDAL, SPSR NELLORE DISTRICT (OLD PRAKASAM) IN THE HIGH COURT OF ANDHRA PRADESH [3332] MONDAY,THE FIRST DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI EEDARA NARASAIAH, S/O.KONDAIAH, AGED 67 YEARS, OCC. 12, KODIKANDUKURU VILLAGE, KANDUKUR MANDAL, SPSR NELLORE DISTRICT (OLD PRAKASAM) ...PETITIONER THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT AT RI DIVISION, KANDUKUR, SPSR THE KODIKANDUKURU GRAMAPANCHAYAT, REP.BY ITS PANCHAYAT SECRETARY, KODIKANDUKURU VILLAGE, KANDUKUR MANDAL, SPSR NELLORE DISTRICT (OLD PRAKASAM) ...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 topleased to issue an appropriate writ or order or a direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not releasing the final bills amount, QC (Quality Control) and SA (Social Audit) withheld amounts of Rs.7,13,506/- (Final bills amount of Rs.71,296/-, QC-Rs.3,21,105/-and SA-Rs.3,21,105/-) which was deducted by the respondents, in their respective bills of 13 works at the time of releasing of bill payments Covered by convergence fund and MGNREGS Grant for the execution of works for construction of Pucca Internal CC Roads, crematoria/Burial grounds, CC Roads/side drains and various construction of building works in Kodikandukuru village and Gramapanchayati in Kandukur Mandal of SPSR Nellore District (Old Prakasam), as illegal. irregular. irregular. arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India and also violative of the principles of natural justice and consequently direct the respondents to pay an amount of Rs.7,13,506/- to the petitioner with the interest of 24percent and pass IA NO: 1 OF 2023 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 pleased to direct the respondents to release the final bills, QC and SA amounts of Rs.7,13,506/- immediately for execution of 13 works bills. which were deducted by the respondents at the time of release of bill payments for construction of Pucca Internal CC Roads, crematoria/Burial grounds, CC Roads/side drains and various construction of building works covered by convergence fund and MGNREGS Grant in Kodikandukuru Village and Gramapanchayati in Kandukur Mandal of SPSR Nellore District (Old Prakasam), pending disposal of main writ petition and pass Counsel for the Petitioner: 1. NAGA PRAVEEN VANKAYALAPATI Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ORDER This Writ Petition is filed questioning inaction of the respondent authorities in payment of final bill amount of Rs.7,13,506/- in connection with Work of construction of Anganwadi Center. 2. Sri Balakrishna, learned Assistant Government Pleader for Panchayat Raj, on written instructions dated 09.05.2023, submitted that the authorities have admitted to pay the amount claimed by the petitioner and sought twelve (12) weeks time for payment. 3. In reply, learned counsel for the petitioner reported no objection for granting time as sought for by the learned Assistant Government Pleader. 4. In view of the submissions made by learned counsel for the parties, this writ petition is disposed of, directing the concerned respondent authority to pay to the petitioner an amount of Rs.7,13,506/- (Rupees seven lakhs thirteen thousand five hundred and six) within a period of twelve (12) weeks from the date of receipt of copy of this order. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI Dated: 1st December, 2025. RR