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2025 DAILYLAW 55724 (AP)

M SREEDHAR REDDY v. THE STATE OF ANDHRA PRADESH

WP/27139/2025 · 2025-11-03

Ravi Cheemalapati

body2025

Judgment text

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APHC010505682025 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: 27139/2025 Between: 1. M SREEDHAR REDDY, S/O. RAJA REDDY, AGED ABOUT 42 YEARS, OCC-CONTRACTOR, RJO. DOOR NO.9/70, B.RACHA PALLI VILLAGE, NALLA GUTTA PALLI POST, RAMAPURAM MANDAL ANNAMAYYA DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP BY SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, RAYACHOTY, ANNAMAYYA DISTRICT, ERSTWHILE KADAPA DSITRICT. 4. THE EXECUTIVE ENGINEER, RWS AND S DEVISION,RAJAMPETA, ANNAMAYYA DISTRICT. 5. THE DEPUTY EXECUTIVE ENGINEER, RWS AND S SUB DEVISION, LAKKIREDDY PALLI ANNAMAYYA DISTRICT 6. THE ASST PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS, CHITTOOR, CHITTOOR DISTRICT. 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: 27139/2025 M SREEDHAR REDDY, S/O. RAJA REDDY, AGED ABOUT 42 CONTRACTOR, RJO. DOOR NO.9/70, B.RACHA PALLI VILLAGE, NALLA GUTTA PALLI POST, RAMAPURAM MANDAL ANNAMAYYA DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. DISTRICT COLLECTOR, RAYACHOTY, ANNAMAYYA DISTRICT, ERSTWHILE KADAPA DSITRICT. THE EXECUTIVE ENGINEER, RWS AND S DEVISION,RAJAMPETA, ANNAMAYYA DISTRICT. THE DEPUTY EXECUTIVE ENGINEER, RWS AND S SUB DEVISION, LAKKIREDDY PALLI ANNAMAYYA DISTRICT THE ASST PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS, CHITTOOR, CHITTOOR DISTRICT. ...RESPONDENT(S): IN THE HIGH COURT OF ANDHRA PRADESH [3332] TUESDAY, THE FOURTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI M SREEDHAR REDDY, S/O. RAJA REDDY, AGED ABOUT 42 CONTRACTOR, RJO. DOOR NO.9/70, B.RACHA PALLI VILLAGE, NALLA GUTTA PALLI POST, RAMAPURAM MANDAL ...PETITIONER ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, DISTRICT COLLECTOR, RAYACHOTY, ANNAMAYYA THE EXECUTIVE ENGINEER, RWS AND S DEVISION,RAJAMPETA, THE DEPUTY EXECUTIVE ENGINEER, RWS AND S SUB DEVISION, THE ASST PAY AND ACCOUNTS OFFICER, WORKS AND ...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 nature of Writ of Mandamus declaring by the inaction on the part of the respondents in paying bills for an amount of Rs.22,70,284-00 for the works executed by me by work name Providing CC Drains near BC Colony of Nallaguttapalli village and GP of Ramapuram Mandal, Annamayya District vide Agreement No DR.No.nil/2023-24 dated 21-08-2023 under CMDF Grant, M Book NO.5895- A/2020 for an amount of Rs.22,70,284-00 as arbitrary, illegal, contrary to the settled legal position apart from being voilative of fundamental rights guaranteed to the petitioner under Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to pay an amount of Rs.22,70,284-00 for the work executed by me by work name Providing CC Drains near BC Colony of Nallaguttapalli village and GP of Ramapuram Mandal, Annamayya District vide Agreement No DR.No.nil/2023-24 dated 21-08-2023 under CMDF Grant, M Book No.5895- A/2020 for an amount of Rs.22,70,284- 00 and pass CMDF Grant, M Book No.5895-A/2020 for an amount of Rs.22,70,284- 00 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 2nd to 6th respondents to pay an amount of Rs.22,70,284-00 for the works executed by me by work name Providing CC Drains near BC Colony of Nallaguttapalli village and GP of Ramapuram Mandal, Annamayya District vide Agreement No DR.No.nil/2023-24 dated 21-08- 2023 under CMDF Grant, M Book No.5895-A/2020 for an amount of Rs.22,70,284-00 pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. RAMESH N Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. GP FOR FINANCE PLANNING 3 The Court made the following order: The grievance of the petitioner is that the respondent authorities are not paying the bills for an amount of Rs.22,70,284/- for the works executed by him i.e., providing CC Drains near BC Colony of Nallaguttapalli Village and GP of Ramapuram Mandal, Annamayya District vide Agreement DR.No.nil/2023-24 dated 21.08.2023 under CMDF Grant, M Book No.5895-A/2020. 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, RWS & S Division, Narasaraopet vide Letter No.SA/W.P.No.27139 of 2025/CMDF/2025, dated 03.11.2025, submitted that the authorities have admitted the bill of the petitioner and they will have to pay the same, however sought three months time for payment of the said amount. 3. To the said submission, Sri N.Ramesh, learned counsel for the petitioner, reported no objection regarding payment and granting three months’ time for making payment and prayed to pass appropriate orders in that regard. 4. Perusal of the written instructions of the Executive Engineer, RWS & S Division, Narasaraopet, dated 03.11.2025 indicates that the bill was approved by the APAO Chittoor. Further, the bill was returned to the DDO in accordance with Articles 39 and 50 of the Andhra Pradesh Financial Code, Volume-I. If necessary permission is granted by the Government to raise the bill, the same 4 will be submitted to APAO, Chittoor for processing and making payment to the petitioner. 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 bill amount 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.22,70,284/- (Rupees Twenty Two Lakhs Seventy Thousand Two Hundred and Eighty Four only) to the petitioner within a period of three (3) months 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 04.11.2025 MP 5 204 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.27139 OF 2025 04.11.2025 MP