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High Court of Andhra Pradesh · body

2025 DAILYLAW 54632 (AP)

J RAMBABU v. THE STATE OF AP

WP/27904/2025 · 2025-11-30

Ravi Cheemalapati

body2025

Judgment text

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APHC010537652025 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: 27904/2025 Between: 1. J RAMBABU, S/O. J. VERRIYYA, AGED ABOUT 42 YEARS, OCC CONTRACTOR, R/O. D.NO. 6 B. R. AMBEDKAR KONASEEMA DISTRICT 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, AMARAVAT GUNTUR DISTRICT. 3. THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT. 4. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE PRI, AMALAPURAM, DR. B. R. AMBEDKARKONASEEMA DISTRICT. 5. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, OFFICE AT NAKKAL ROAD, SURYA RAO PETA, VIJAYAWADA. 6. THE EXECUTIVE ENGINEER, PRI, AMALAPURAM, DR. B. R. AMBEDKARKONASEEMA DISTRICT. 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: 27904/2025 J RAMBABU, S/O. J. VERRIYYA, AGED ABOUT 42 YEARS, OCC CONTRACTOR, R/O. D.NO. 6-65, DEVAGUPTAM, ALLAVARAM, DR. B. R. AMBEDKAR KONASEEMA DISTRICT ...PETITIONER AND THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT. THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE PRI, AMALAPURAM, DR. B. R. AMBEDKARKONASEEMA DISTRICT. COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, OFFICE AT NAKKAL ROAD, SURYA RAO PETA, VIJAYAWADA. THE EXECUTIVE ENGINEER, PRI, AMALAPURAM, DR. B. R. AMBEDKARKONASEEMA DISTRICT. ...RESPONDENT(S): IN THE HIGH COURT OF ANDHRA PRADESH [3332] MONDAY, THE FIRST DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI J RAMBABU, S/O. J. VERRIYYA, AGED ABOUT 42 YEARS, OCC- 65, DEVAGUPTAM, ALLAVARAM, DR. ...PETITIONER THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, HI, THULLUR MANDAL, THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, ANJANEYA THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE PRI, AMALAPURAM, DR. B. R. AMBEDKARKONASEEMA DISTRICT. COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, OFFICE AT NAKKAL ROAD, THE EXECUTIVE ENGINEER, PRI, AMALAPURAM, DR. B. R. ...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 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.9,52,370/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., 1)Agreement No. /2023-2024 dated 16.03.2024 for Providing CC road from Bokka Nageswararao house to Kamsalamamidi Ambedkar statue in Bodasakurru Village of Allavaram Mandal vide M. Book. No. 4042B/2022-23 for Rs. 4,76,161/-, 2)Agreement No. /2023-24, Dt 16.03.2024 for Providing CC road Donga Suryanarayana house to Dommeti Ram Prasad house of Bodasakurru Palem of Allavaram Mandal vide M. Book. No. 4043B/2022-23 for Rs.4,76,209/- above (02) works were sanction under Gadapa Gadapaku Mana Prabhutvam (GGMP) Grant, total pending bills amount of Rs. 9,52,370/- in Dr. B. R. Ambedkar Konaseema 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. 9,52,370/- 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 the respondents releasing the Final Bills of total amount worth of Rs.9,52,370/- with interest @ 18 percentage for the works executed by the petitioner for the various works under Gadapa Gadapaku Mana Prabhutvam (GGMP) Grant, in Dr. B. R. AmbedkarKonaseema District through the Agreements forthwith, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA 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 despite finalization of bills, the respondent authorities are not releasing the due amount of Rs.9,52,370/- payable to him in relation to the work i.e., 1) Agreement No. /2023-2024 dated 16.03.2024 for ‘Providing CC road from Bokka Nageswararao house to Kamsalamamidi Ambedkar statue in Bodasakurru Village of Allavaram Mandal’ vide M. Book No.4042B/2022-23 for Rs.4,76,161/-, 2) Agreement No. /2023-24, dt.16.03.2024 for ‘Providing CC road Donga Suryanarayana house to Dommeti Ram Prasad house of Bodasakurru Palem of Allavaram Mandal vide M. Book No.4043B/2022-23 for Rs.4,76,209/-, under Gadapa Gadapaku Mana Prabhutvam (GGMP) Grant in Dr. B. R. Ambedkar Konaseema District. 2. When the matter is taken up for consideration today, Ms Chandrika, learned Assistant Government Pleader for Panchayat Raj & Rural Development, placed on record the written instructions of the Executive Engineer, P.R Division, Amalapuram, dated 07.11.2025, submitted that the authorities have admitted the bill of the petitioner and as against the claim made by the petitioner for an amount of Rs.9,52,370/-, the authorities, after making the statutory deductions, will have to pay an amount of Rs.8,44,842/-, however sought six months’ time for payment of the said amount. 3. To the said submission, Sri Annamneedi Balakrishna, learned counsel for the petitioner, reported no objection regarding the amount, but submitted 4 that six months’ time is excessive as the work pertains to the year 2023-24 and prayed to pass appropriate orders in that regard. 4. 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 entitled amount to the petitioner, this Court, instead of keeping this Writ Petition pending, 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.8,44,842/- (Rupees Eight Lakhs Forty Four Thousand Eight Hundred and Forty Two only) to the petitioner within a period of Twelve (12) weeks from the date of receipt of a copy of this order. It would be open to the petitioner to agitate his claim for interest, if any, payable by the respondents in an appropriate forum, if so advised.” 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 01.12.2025 MP 5 91 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.27904 OF 2025 01.12.2025 MP