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2025 DAILYLAW 50970 (AP)

KASIREDDY NARESH v. THE STATE OF ANDHRA PRADESH

WP/27262/2025 · 2025-11-03

Ravi Cheemalapati

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010501732025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. KASIREDDY NARESH, S/O. NAGULU, AGED 44 YEARS, OCC CONTRACTOR, R/O. K. SHANTHAPALEM VILLAGE K. KOTAPADU MANDAL, ANAKAPALLI DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATI, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY/ FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUN DISTRICT. 3. THE ENGINEERINCHIEF, PANCHAYAT RAJ, Z.P.COMPOUND OPPOSITE TO PWD GROUNDS, M.G.ROAD, VIJAYAWADA. 4. THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT, ANAKAPALLI. 5. THE CHIEF PLANNING OFFICER, ANAKAPALLI DISTRICT, ANAKAPALLI 6. EXECUTIVE ENGINEER, PANCHAYAT RAJ (P.R.I) DIVISION, ANAKAPALLI, ANAKAPALLI DISTRICT 7. THE PAY AND ACCOUNTS OFFICER, PAY AND ACCOUNTS DEPARTMENT, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 27262/2025 KASIREDDY NARESH, S/O. NAGULU, AGED 44 YEARS, OCC CONTRACTOR, R/O. K. SHANTHAPALEM VILLAGE K. KOTAPADU MANDAL, ANAKAPALLI DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATI, GUNTUR DISTRICT. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY/ FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUN THE ENGINEERINCHIEF, PANCHAYAT RAJ, Z.P.COMPOUND OPPOSITE TO PWD GROUNDS, M.G.ROAD, VIJAYAWADA. THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT, ANAKAPALLI. THE CHIEF PLANNING OFFICER, ANAKAPALLI DISTRICT, EXECUTIVE ENGINEER, PANCHAYAT RAJ (P.R.I) DIVISION, ANAKAPALLI, ANAKAPALLI DISTRICT THE PAY AND ACCOUNTS OFFICER, PAY AND ACCOUNTS DEPARTMENT, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...RESPONDENT(S): IN THE HIGH COURT OF ANDHRA PRADESH [3332] TUESDAY, THE FOURTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI KASIREDDY NARESH, S/O. NAGULU, AGED 44 YEARS, OCC- CONTRACTOR, R/O. K. SHANTHAPALEM VILLAGE K. KOTAPADU ...PETITIONER THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY/ FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR THE ENGINEERINCHIEF, PANCHAYAT RAJ, Z.P.COMPOUND OPPOSITE TO PWD GROUNDS, M.G.ROAD, VIJAYAWADA. THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT, ANAKAPALLI. THE CHIEF PLANNING OFFICER, ANAKAPALLI DISTRICT, EXECUTIVE ENGINEER, PANCHAYAT RAJ (P.R.I) DIVISION, THE PAY AND ACCOUNTS OFFICER, PAY AND ACCOUNTS DEPARTMENT, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...RESPONDENT(S): 2 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 or any other appropriate writ or direction declaring the action of the respondents in withholding the payment of balance of Rs. 14,88,785/- even after finalizing the bills, payable to the petitioners in relation to the works under GGMP Grant i.e., i) Construction of Community hall at Chandrayyapeta Village, K. Kotapadu Mandal, Anakapalli District through the Agreement No. /2022-23, dated 17-07-2023 for an amount of Rs.4,96,306/-, ii) Construction of Community hall near Ramalayam at K.K. Agraharam H/o. K.Santhapalem Village, K. Kotapadu Mandal, Anakapalli District through the Agreement No. /2023-24, dated 17-07-2023 for an amount of Rs.4,97,336/- and iii) Construction of Community hall at K. Shanthapalem Village, K. Kotapadu Mandal, Anakapalli District through Agreement No./2022- 23, dated 17-07-2023 for an amount of Rs.4,95,143/- totaling an amount of Rs. 14,88,785/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondents to consider for payment of amount of Rs. 14,88,785/- to the petitioner in respect of execution of above- mentioned work forthwith 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 the respondents to consider for payment of amount of Rs.14,88,785/- to the petitioner in respect of execution of works under GGMP Grant i.e., i) Construction of Community hall at Chandrayyapeta Village, K. Kotapadu Mandal, Anakapalli District through the Agreement No. /2022-23, dated 17-07-2023 for an amount of Rs.4,96,306/-, ii) Construction of Community hall near Ramalayam at K.K. Agraharam H/o. K.Santhapalem Village, K.Kotapadu Mandal, Anakapalli District through the Agreement No. /2023-24, dated 17-07-2023 for an amount of Rs.4,97,336/- and iii) Construction of Community hall at K. Shanthapalem Village, K.Kotapadu Mandal, Anakapalli District through Agreement No./2022-23, dated 17-07- 2023 for an amount of Rs.4,95,143/- totaling an amount of Rs. 14,88,785/- forthwith pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING 3 The Court made the following order: The grievance of the petitioner is that the respondent authorities are withholding the payment of balance of Rs.14,88,785/-, even after finalizing the bills payable to him in relation to the works under GGMP Grant i.e., i) Construction of Community hall at Chandrayyapeta Village, K.Kotapadu Mandal, Anakapalli District through the Agreement No. /2022-23, dated 17.07.2023 for an amount of Rs.4,96,306/- ii) Construction of Community hall near Ramalayam at K.K.Agraharam, H/o K.Santhapalem Village, K.Kotapadu Mandal, Anakapalli District through the Agreement No. /2023-24, dated 17-07- 2023 for an amount of Rs.4,97,336/- and iii) Construction of Community hall at K.Shanthapalem Village, K.Kotapadu Mandal, Anakapalli District through Agreement No. /2022-23, dated 17-07-2023 for an amount of Rs.4,95,143/- totaling an amount of Rs.14,88,785/-. 2. When the matter is taken up for consideration today, Ms.Chandrika, learned Assistant Government Pleader for Panchayat Raj & Rural Development, while placing on record the written instructions of the Executive Engineer, PRI Division, Anakapalli dated 07.10.2025, submitted that, the authorities have admitted the bills of the petitioner and as against the claim made by the petitioner for an amount of Rs.14,88,785/-, the authorities, after making the necessary deductions, will have to pay an amount of Rs.12,99,465/-, however sought eight weeks time for payment of the said amount. 4 3. To the said submission, Sri Rambabu Koppineedi, learned counsel for the petitioner, reported no objection regarding the said amount and granting eight weeks time for payment and prayed to pass appropriate orders in that regard. 4. Perusal of the written instructions of the Executive Engineer, PR Division, Markapur, dated 07.10.2025 indicates that while uploading the bill in ‘Nidhi module software’ an error was displayed stating ‘Insufficient budget for this DDO and HOA combination’, hence, the bill could not be uploaded. Learned Assistant Government Pleader for Panchayat Raj submits that the same will be arranged and processed in due course. 5. In view of the facts and circumstances of the case and taking the submissions of learned counsel for the parties into consideration, as the authorities have expressed their intention to pay the bills to the petitioner, there is no purpose in keeping this Writ Petition pending. As such, this Court is inclined to dispose of the same, with the consent of both the parties, at the admission stage itself, by passing the following order: “The respondent authorities are directed to release an amount of Rs.12,99,465/- (Rupees Twelve Lakhs Ninety Nine Thousand Four Hundred and Sixty Five only) to the petitioner within a period of eight (8) weeks from the date of receipt of a copy of this order.” 5 6. Accordingly, the Writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI 04.11.2025 MP 6 198 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.27262 OF 2025 04.11.2025 MP