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2025 DAILYLAW 50548 (AP)

AVULAMADA BRAHMAIAH v. THE STATE OF ANDHRA PRADESH

WP/4194/2025 · 2025-05-01

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 4194 OF 2025 Between: (Y) Avulam^da Brahmaiah, S/o Sundaraiah. Aged about 35 years, Occ Contractor, R/o D.No.3-126, Thangirala, Lingamukkapalle, Guntur District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Finance Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Panchayat Raj Engineering Department, Secretariat, Velagapudi, Amaravati, Guntur District. 3. The District Collector, Palnadu District. 4. The Executive Engineer, PRI Division, Narasaraopet, Palnadu District. 5. The Deputy Executive Engineer, RWS and S Sub Division, Vinukonda Palnadu District. ...Respondents 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in not releasing of the bill amounts admittedly due to the petitioner despite successful completion of works, as per the details mentioned in M-Book No's. 447-B/ZP/2022-2023, 337-C/ZP/2022- 2023,157B/MREGS/20-21, and 253/A/PIU/MGNREGS/2020-2021 for the work executed by the petitioner with the costs of Rs. 13,45,735/- , Rs.12,05,725/-, Rs.4,11,500/-, and 14,99,007/-total amount of Rs.44,61,967/- pursuant to Construction of pipe culvert at Enugupalem Village of Vinukonda Mandal, Construction of internal CC Roads and side drains in Khambampadu Village of Nuzendia Mandal, Construction of internal side drains in Gangupalli Thanda village of Bollapalli Mandal, and Providing internal CC Roads in Brahmanapalli Village of Vinukonda Mandal, Planadu District., towards cost for the material supplied by the petitioner for providing additional amenities for Construction of pipe culvert at Enugupalem Village of Vinukonda Mandal, Construction of internal CC Roads and side drains in Khambampadu Village of Nuzendia Mandal, Construction of internal side drains in Gangupalli Thanda village of Bollapalli Mandal, and Providing internal CC Roads in Brahmanapalli Village of Vinukonda Mandal, Planadu District., under the scheme of CDMF and GGMP Funds for the Year 2022 - 2023, approved for payment and even after completion of defect liability period and inspite of repeated requests, as illegal, arbitrary, discriminatory, unjust enrichment, violative of Articles 14, 19, 21 and 300-A of the Constitution of India, and consequently direct the respondents forthwith to release bill amounts admittedly due to the petitioner in respect of aforesaid works along with interest accrued thereon. i lA 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 the respondents to release the funds through a proper channel into the account of respondents 3 to 5 or any other concerned, towards amount payable in the aforesaid works with the M-Book No’s. 447- B/ZP/2022-2023, 337-C/ZP/2022-2023, 157B/MREGS/20-21 & 253/A/PIU/MGNREGS/2020- for the work executed by the petitioner with the costs of Rs. 13,45,735/-, Rs. 12,05,725/-, Rs.4,11,500/-, & 14,99,007/- total amount of Rs.44,61,967/- pursuant to Construction of pipe culvert at Enugupalem Village of Vinukonda Mandal, Construction of internal CC Roads and side drains in Khambampadu Village of Nuzendia Mandal, Construction of internal side drains in Gangupalli Thanda village of Bollapalli Mandal & Providing internal CC Roads in Brahmanapalli Village of Vinukonda Mandal, Planadu District., pending disposal of the main writ petition. Counsel for the Petitioner: SRI SOMISETTY GANESH BABU Counsel for the Respondent No.1: GP FOR FINANCE PLANNING Counsel for the Respondent Nos. 2 to 5: SRI PANUKU RAJESH KUMAR, AGP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT The Court made the following: ^pHC010077962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3328] FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 4194/2025 Between: 1 AVULAMADA BRAHMAIAH, s/0 SUNDARAIAH. aged about 35 years, OCC contractor, R/0 D.no.3-126, THANGIRALA, LiNGAMUKK.AP.ALLE, GUNTUR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATl, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ ENGINEERING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATl, GUNTUR DISTRICT. 3.THE DISTRICT COLLECTOR, PALNADU DISTRICT. 4THE EXECUTIVE ENGINEER, PRI DIVISION, NARASARAOPET PALNADU DISTRICT. I' 5.THE DEPUTY EXECUTIVE ENGINEER, RWS AND S SUB DIVISION, I VINUKONDA PALNADU DISTRICT. ...RESPONDENT{S): f ^°^nsel for the Petitioner: 1.S0MISETTY GANESH BABU 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 Somisetty Ganesh Babu, Petitioner and Sri Panku Rajesh Kumar, Pleader for Panchayat Raj & Rural Development. learned Counsel for the Writ learned Assistant Government 2. Sri Panku Rajesh Kumar, learned Assistant submitted the Written Instructions Government Pleader, has one furnished by the Executive Engineer and the other by the Deputy Executive Engineer, dated 10.04.2025. Copies of these Written Instructions and are taken on record. are supplied to the Counsel for the Writ Petitioner 3. One of the Written Instructions submitted Engineer relates to the works executed by the Deputy Executive under M-Book No.157-B/NREGS/20- 21. In respect of these works executed by the Writ Petitioner, the Payment Summary indicates that the total value of the work done is Rs.4,11,500/-. No Statutory Recovery has been indicated. 4. Sri Panku Rajesh Kumar, learned Assistant Government submit that the value of work does Quality Control and that the effecting statutory deductions and after Learned Counsel has no objection for the 6. The Pleader would not include the Statutory Recovery and net amount would be finally calculated after ascertaining the Quality Control. 5. appearing online would submit that the Writ Petitioner same. Respondent Authorities including the Statutory Deductions are directed to verify in all respects and Quality Control, if any, within a period 3 of sixteen (16) weeks and make the payment to the Writ Petitioner within four (04) weeks thereafter. Insofar as the works executed by the Writ Petitioner under M-Book NOS.447-13/ZP/2022-23, 337-C/ZP/2022-23 & 253/A/PIU/MGNREGS/2020 - 21, the Payment Summary furnished by the Executive Engineer dated 10.04.2025 would indicate that the total value of work done by the Writ Petitioner is Rs.46,74,898/- and the Quality Control Recovery and Statutory Recovery is for an amount of Rs.5,27,032/-. The Writ Petitioner was already paid Rs.17,38,723/- and the balance is to be paid is Rs.24,09,143/- 7. The learned Counsel for the Writ Petitioner, on instructions, admits this amount as full and final settlement with a request to issue directions to make the payment as expeditiously as possible. 8. Having regard to the above facts, this Court deems it appropriate to allow this Writ Petition by directing the Official Respondents to make the payment by completing the inter-departmental administrative process by cooperation and coordination within sixteen (16) weeks from today and make the payment within four (4) weeks thereafter as full and final settlement. 9. With these observations and directions, this Writ Petition is allowed. No order as to costs. 10. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- A. VENU GOPAL RAO assistant 11. //TRUE COPY// SECTION OFFICER 1. The Principal Secretary to Government, State of Andhra Pradesh, Finance Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Principal Secretary to Government, State of Andhra Pradesh, Panchayat Raj Engineering Department, Secretariat, Velagapudi, Amaravati, Guntur District. 3. The District Collector, Palnadu District. To, 4. The Executive Engineer, PRI Division, Narasaraopet, Palnadu District. 5. The Deputy Executive Engineer, RWS and S Sub Division, Vinukonda Palnadu District. 6. One CC to SRI. SOMISETTY GANESH BABU, Advocate [OPUC] 7. Two CCs to GP FOR FINANCE PLANNING ,High Court Of Andhra Pradesh. [OUT] 8. Two CCs to GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT, High Court Of Andhra Pradesh. [OUT] 9. Three CD Copies sree HIGH COURT DATED;02/05/2025 ORDER WP.No.4194 of 2025 ALLOWING THE W.P. WITHOUT COSTS