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2025 DAILYLAW 5743 (AP)

Nandyala Chinna Ramanna v. The State of Andhra Pradesh,

WP/2846/2025 · 2025-06-17

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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APHC010049992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2846 OF 2025 Between: Nandyala Chinna Ramanna, S/o.N Chinna Narayana, Aged about 67 years, Occ- Ex Sarpanch, R/o.4/437, BC Colony, Gandipalli Village, Gooty Mandal, Anantapur District, Pincode 515401. ...Petitioner AND The State of Andhra Pradesh, Rep. by Principal Secretary, Panchayat Raj and Rural Development, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. The Commissioner, Panchayat Raj and Rural Development, NH16 Service Road, Tadepalli, Guntur District. The District Collector, Anantapur, Anantapur District. The Executive Engineer, PR Division, Dharmavaram @ Anantapur, Anantapur District. The Deputy Executive Engineer, PRI Sub Division, Gooty, Anantapur District. The Panchayat Secretary, Jakkalacheruvu Gram Panchayat, Gooty Mandal, Anantapur District. 1. 2. 3. 4. 5. 6. 7. ...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 of mandamus or any other appropriate writ or direction 4 declaring the action of the Respondents not releasing the amounts of Rs. 1,37,868/- and Rs.2,40,867/- vide M Book No. 08/A/ NREGS/ 16-17 , even after finalizing the bills, payable to the petitioner in relation to the works i.e.. * Construction of Anganwadi Center Building II (2) at Jakkalacheruvu Village of Gooty Mandal under MGNREGS and ICDS Grant is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs. 1,37,868/- and Rs.2,40,867/- vide M Book No. 08/A/ NREGS/ 16-17 with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work.^ .. 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 pay for payment of amount of Rs. 1,37,868/- & Rs.2,40,867/- vide M Book No. 08/A/ NREGS/16-17 with interest @24% annum for the delayed amount to the petitioner in respect of execution of works per i.e. Construction of Anganwadi Center Building II (2) Jakkalacheruvu Village of Gooty Mandal under MGNRBGS & ICDS Grant forthwith, pending disposal of the Writ Petition. ^ at Counsel for the Petitioner: M/S MARIA RANI MAKKENA LEARNED COUNSEL REPRESENTING SRI BATHALA RAMESH ^ Counsel for the Respondent Nos. 1, 3 to 6: GP FOR PANCHYAT RAJ- AND RURAL DEVELOPMENT Counsel for the Respondent No. 2: GP FOR FINANCE PLANNING ^ Counsel for the Respondent No. 7: SRI M SUDHIR SC FOR ZPP MPP'^ AND GP The Court made the following order: APHC010049992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2846/2025 Between: 1.NANDYALACHINNARAMANNA, S/O.N CHINNA NARAYANA, AGED ABOUT 67 YEARS, OCC- EX SARPANCH, R/0.4/437, BC COLONY, GANDIPALLI VILLAGE, GOOTY MANDAL, ANANTAPUR DISTRICT, PINCODE 515401. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. DEPARTMENT OF FINANCE AND PLANNING 3.THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT, NH16 SERVICE ROAD, TADEPALLI, GUNTUR DISTRICT. 4.THE DISTRICT COLLECTOR, ANANTAPUR, ANANTAPUR DISTRICT. 5.THE EXECUTIVE ENGINEER, PR DIVISION, DHARMAVARAM @ ANANTAPUR, ANANTAPUR DISTRICT. • N 2 6.THE DEPUTY EXECUTIVE ENGINEER, PRL SUB DIVISION, GOOTY, THE PANCHAYAT SECRETARY, PANCHAYAT, GOOTY MANDAL, ANANTAPUR DISTRICT. JAKKALACHERUVU GRAM ANANTAPUR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. BATH ALA RAMESH 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 Ms. Maria Rani Makkena, learned Counsel representing Sri Bathala Ramesh, learned Counsel for the Writ Petitioner and Sri Panku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj. 2. Sri Panku Rajesh Kumar, learned Assistant Government Pleader for Revenue, has submitted the Written Instructions furnished by the Executive Engineer, PRI Division, Ananthapuramu, dated 18.06.2025. Copy of it is supplied to the Counsel for the Writ Petitioner and the same is taken on record. The Payment Summary of the Written Instructions would indicate that the total value of work done by the Writ Petitioner is for a sum of Rs.6,25,725/-, and the amount already paid to the Writ Petitioner is about 3. Rs.1,91,804/-; and the Quality Recovery/Withheld Amount is Rs.27,269/-. Therefore, the balance amount to be paid to the Petitioner is Rs.4,06,652/-. Learned Counsel for the Petitioner, on instructions, is agreeable to receive balance amount of Rs.4,06,652/- as full and final settlement on the 4. 3 condition that the said due amount may be directed to be remitted to the Writ Petitioner as expeditiously as possible. Having considered the above request, there shall be a direction to the Respondents to complete the entire administrative process, both inter departmental and intra-departmental, by mutual cooperation and coordination within a period of ten (10) weeks from today, and to transfer the balance amount of Rs. 4,06,652/- (Rupees Four Lakh Six Thousand Six Hundred Fifty Two only) as full and final settlement to the bank account of the Writ Petitioner within four (04) weeks thereafter. With these observations and directions, the Writ Petition stands allowed. No order as to costs. Interlocutory Applications, if any, stand closed in terms of this order. 5. 6. 7. Sd/- M.RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SOTION OFFICER To, 1. The Principal Secretary, Panchayat Raj and Rural Development, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathj^ Guntur District. The Principal Secretary, Department of Finance and Plannir^, Secretariat Buildings, State of Andhra Pradesh, Velagapudi, Amaravathi, Guntur District. The Commissioner, Panchayat Raj and Rural Development, NH16 Service Road, Tadepalli, Guntur District. The District Collector, Anantapur, Anantapur District. The Executive Engineer, PR Division, Dharmavaram @ Anantapur, Anantapur District. The Deputy Executive Engineer, PRI Sub Division, Gooty, Anantapi^ District. The Panchayat Secretary, Jakkalacheruvu Gram Panchayat, Gooty^ Mandal, Anantapur District. 2. 3. 4. 5. 6. 7. 'r^ 8. One CC to Sri. Bathala Ramesh Advocate [OPUC] 9. One CC to Sri. M Sudhir SC for ZPP, MPP & GP [OPUC] ^ Two CCs to GP for Finance Planning, High Court of Andhra Pradesh [OUT] Two CCs to GP For Panchayat Raj Rural Dev, High Court of Andhra Pradesh [OUT] Three CD Copies 10. 11. 12. gsc HIGH COURT DATED:18/06/2025 ORDER WP 2846/2025 ALLOWING THE WP WITHOUT COSTS