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2025 DAILYLAW 55062 (AP)

BEZAWADA NAGAMALLESWARA RAO v. THE STATE OF AP

WP/31503/2025 · 2025-12-03

Ravi Cheemalapati

body2025

Judgment text

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APHC010606712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY, THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 31503/2025 Between: 1. BEZAWADA NAGAMALLESWARA RAO, S/O B.SWAMULU, AGED 65 YEARS, R/O D.NOL-66, KEERTHIRAYANI GUDEM VILLAGE, MYLAVARAM MANDAL, NTR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, NTR DISTRICT 4. THE EXECUTIVE ENGINEER, RWS AND. S SUB-DIVISION, MYLAVARAM. 5. THE DEPUTY EXECUTIVE ENGINEER, RWS AND. S SUB-DIVISION, MYLAVARAM. ...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 to issue a writ, an order or a direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in not paying the of amount of Rs.9,53,021/- (Nine Lakhs Fifty Three Thousand Twenty one Rupees only) even after finalizing the bills, payable to the petitioner after the successful completion of the execution of work i.e., (1) Construction of CC Drain from MPPS Main School to Jonnalagadda Sambaiah house in Chandrala GP of Mylavaram (M) (2) Construction of CC Drain from Rayala Basavaiah house to Nimmaadda Srihari house and Rayala Venkateswara Rao (H) to Gandepalli Raghavulu (H) in Chandrala GP of Mylavaram (M), 3) Construction of CC Drain from Ambati Raghavulu house to Ricemill in Chandrala GP of Mylavaram(M), which were taken up under Agreement No- 29/2023-24, dated 29.09.2023 of the Deputy Executive Engineer, RWS and. S Sub- Division, Mylavaram as illegal, arbitrary, unjust, unreasonable and violative of fundamental rights guaranteed to the Petitioner under Articles 14 and 21 of the Constitution of India and consequently direct the respondents to make the payment of Rs. Rs.9,53,021/- with accrued interest to the petitioner in respect of execution of the above said work. 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 make the payment of Rs. Rs.9,53,021/- with accrued interest to the petitioner in respect of execution of the above said work called; (1) Construction of CC Drain from MPPS Main School to Jonnalagadda Sambaiah house in Chandrala GP of Mylavaram (M), (2) Construction of CC Drain from Rayala Basavaiah house to Nimmaadda Srihari house and Rayala Venkateswara Rao (H) to Gandepalli Raghavulu (H) in Chandrala GP of Mylavaram (M), (3) Construction of CC Drain from Ambati Raghavulu house to Ricemill in Chandrala GP of Mylavaram(M), which were taken up under Agreement No- 29/2023-24, dated 29.09.2023 of the Deputy Executive Engineer, RWS and S Sub-Division, Mylavaram duly approved by the respondents forthwith, pending disposal of the main writ petition and to pass Counsel for the Petitioner: 1. BALAJI MEDAMALLI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: ORDER: Non payment of bills for the works executed by the petitioner for construction of CC Drain from MPPS Main School to Jonnalagadda Sambaiah house in Chandrala GP of Mylavaram Mandal, is the grievance of the petitioner. 2. Heard Sri Annamneedi Balakrishna, learned counsel for the petitioner and Smt.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj Rural Development and Assistant Government Pleader for Finance Planning for the respondents. 3. Smt. Naga Chandrika, learned Assistant Government Pleader, on written instructions dated 14.11.2025, submitted that the petitioner is claiming gross amount of Rs.10,63,631/- but, he is entitled to pay a net amount of Rs.9,53,021/- after statutory deductions, but, due to non-availability of grant, the bills were not uploaded in NIDHI portal and soon after release of the grant, the bills will be uploaded in NIDHI portal for payment. She further submitted that the authorities addressed a letter to the Collector-cum-District Magistrate, NTR District, for taking necessary action for release of GGMP funds. 4. To the said submission, learned counsel for the petitioner reported no objection and agreed to accept the amount admitted by the respondents. 5. Taking into consideration, the submissions of both the learned counsel, as the authorities are ready to pay the legally entitled amount to the petitioner, without going into the merits and demerits of the matter, this Court is inclined to dispose of the Writ Petition at admission stage. 6. Accordingly, the Writ Petition is disposed of. The respondents are directed to release the admitted/legally entitled amount to the petitioner at the earliest and at any rate, within a period of two (02) months from the date of receipt of a copy of this order. It would be open to the petitioner to agitate its claim for interest, if any, payable by the respondents, if he is so advised, in an appropriate forum. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________ RAVI CHEEMALAPATI, J Date: 04th December, 2025 KSN/RMR 295 HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITON No.31503 of 2025 Date: 04.12.2025 KSN/RMR