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APHC010379572025
IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY, THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between:
1. BURIDI SURYA NARAYANA, S/O BURIDI TAVITI NAIDU, AGED ABOUT 49 YEARS, OCC CONTRACTOR, R/O APPAYYA PET (VILLAGE), PEDABOGILI (GRAM PANCHAYAT) PARVATHIPURAM MANYAM DISTRICT. 1. THE STATE OF AP, REP. BY ITS PANCHAYATH RAJ DEPARTMENT,
A.P. SECRETARIAT, VELAGAPUDI VILLAGE, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT VELAGAPUDI VILLAGE, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, PARVATHIPURAM MANYAM DISTRICT PARVATHIPURAM MANYAM. 4. THE EXECUTIVE ENGINEER, PRI DIVISION, PARVATHIPURAM, PARVATHIPURAM MANYAM DISTRICT
5. THE DEPUTY EXECUTIVE ENGINEER, PRI DIVISION, PARVATHIPURAM, PARVATHIPURAM MANYAM
6. ASSISTANT EXECUTIVE ENGINEER, THE MANDAL ENGINEERING OFFICE,
SEETHANAGARAM,
PARVATHIPURAM MANYAM DISTRICT. 7. THE ASSISTANT PAY AND ACCOUNTS OFFICER, WORKS ACCOUNTS, PARVATHIPURAM
PARVATHIPURAM MANYAM DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 19254/2025 BURIDI SURYA NARAYANA, S/O BURIDI TAVITI NAIDU, AGED ABOUT 49 YEARS, OCC CONTRACTOR, R/O APPAYYA PET (VILLAGE), PEDABOGILI (GRAM PANCHAYAT) PARVATHIPURAM MANYAM DISTRICT. ...PETITIONER AND THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATH RAJ DEPARTMENT,
A.P. SECRETARIAT, VELAGAPUDI VILLAGE, GUNTUR DISTRICT. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT VELAGAPUDI VILLAGE, GUNTUR DISTRICT. E DISTRICT COLLECTOR, PARVATHIPURAM MANYAM DISTRICT PARVATHIPURAM MANYAM. THE EXECUTIVE ENGINEER, PRI DIVISION, PARVATHIPURAM, PARVATHIPURAM MANYAM DISTRICT THE DEPUTY EXECUTIVE ENGINEER, PRI DIVISION, PARVATHIPURAM, PARVATHIPURAM MANYAM DISTRICT ASSISTANT EXECUTIVE ENGINEER, THE MANDAL ENGINEERING OFFICE,
SEETHANAGARAM,
PARVATHIPURAM MANYAM THE ASSISTANT PAY AND ACCOUNTS OFFICER, WORKS ACCOUNTS, PARVATHIPURAM
PARVATHIPURAM MANYAM ...RESPONDENT(S):
IN THE HIGH COURT OF ANDHRA PRADESH [3332] FRIDAY, THE TWENTY EIGHTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI BURIDI SURYA NARAYANA, S/O BURIDI TAVITI NAIDU, AGED ABOUT 49 YEARS, OCC CONTRACTOR, R/O APPAYYA PET (VILLAGE), PEDABOGILI (GRAM PANCHAYAT) PARVATHIPURAM ...PETITIONER PRINCIPAL SECRETARY, PANCHAYATH RAJ DEPARTMENT,
A.P. SECRETARIAT, THE STATE OF ANDHRA PRADESH, REP.
BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT E DISTRICT COLLECTOR, PARVATHIPURAM MANYAM DISTRICT THE EXECUTIVE ENGINEER, PRI DIVISION, PARVATHIPURAM, THE DEPUTY EXECUTIVE ENGINEER, PRI DIVISION, DISTRICT ASSISTANT EXECUTIVE ENGINEER, THE MANDAL ENGINEERING OFFICE,
SEETHANAGARAM,
PARVATHIPURAM MANYAM THE ASSISTANT PAY AND ACCOUNTS OFFICER, WORKS ACCOUNTS, PARVATHIPURAM
PARVATHIPURAM MANYAM ...RESPONDENT(S):
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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, particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding payment of total bills amount of Rs.15,73,609.22 (Rupees Fifteen Lakh Seventy Three Thousand Six Hundred nine and Twenty Two Raise only) even though the final bills were approved in respect of the works 1) Agreement No. Divil, Agmt. No. /2023-24 dated 29.12.2023 for Rs.2,81,786.34, 2) Agreement No. /2023-2024 dt.29.12.2023 for Rs.2,50,378.01, 3) Agreement No. Sub-divisional Agreement No. /2023- 24 dated 29.12.2023 for Rs.63,669.746, 4) Agreement No.Divil, Agmt. No. /2023-24 dt. 29.12.2023 for Rs.3,28,812.04, 5) Agreement No. Divil, Agmt. No. /2023-24 dated 29.12.2023 for Rs.3,42,567.14 and 6) Agreement No. Divil, Agmt.No. /2023-24 dt.29.12.2023 for Rs.3,07,397.893 for construction of C.C. Roads in Seethanagaram Mandal Parvathipuram Manyam District, as illegal, arbitrary, malafide, high handed, contrary to the established procedure of law apart from being violative of Arts. 14 and 19(g) of the Constitution of India and to consequently direct the Respondents to forthwith release the payment of above bill amount along with interest 24 percent p.a. to 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 to process and pay the total bills amount of Rs.15,73,609.22 (Rupees Fifteen Lakh Seventy Three Thousand Six Hundred nine and Twenty Two Raise only) even though the final bills were approved in respect of the works 1) Agreement No. Divil, Agmt. No. /2023-24 dated 29.12.2023 for Rs.2,81,786.34, 2) Agreement No. /2023-24 dated 29.12.2023 for Rs.2,50,378.01/-, 3) Agreement No. Sub-divisional Agreement No. /2023-24 dated 29.12.2023 for Rs.63,669.746/-, 4) Agreement No. Divil, Agmt. No. /2023-24 dated 29.12.2023 for Rs.3,28,812.04, 5) Agreement No. Divil, Agmt. No. /2023-24 dated 29.12.2023 for Rs.3,42,567.14 and 6) Agreement No. Divil, Agmt.
No. /2023-24 dated 29.12.2023 for Rs.3,07,397.893 for construction of C.C. Roads in Seethanagaram Mandal, Parvathipuram Manyam District, forthwith and pass Counsel for the Petitioner:
1. BONU RAMA SHANKAR RAO Counsel for the Respondent(S):
1. GP FOR PANCHAYAT RAJ RURAL DEV
2. GP FOR FINANCE PLANNING
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The Court made the following order: The grievance of the petitioner is that despite finalization of bills, the respondent authorities are withholding the payment of total bill amount of Rs.15,73,609.22 Ps payable to him in relation to the work i.e., 1) Agreement No. Divil, Agmt. No. /2023-24 dated 29.12.2023 for Rs.2,81,786.34, 2) Agreement No. /2023-2024 dt.29.12.2023 for Rs.2,50,378.01, 3) Agreement No. Sub-divisional Agreement No. /2023-24 dated 29.12.2023 for Rs.63,669.746, 4) Agreement No.Divil, Agmt. No. /2023-24 dt.29.12.2023 for Rs.3,28,812.04, 5) Agreement No.Divil, Agmt. No. /2023-24 dated 29.12.2023 for Rs.3,42,567.14 and 6) Agreement No. Divil, Agmt.No. /2023- 24 dt.29.12.2023 for Rs.3,07,397.893 for construction of C.C. Roads in Seethanagaram Mandal Parvathipuram Manyam District, along with interest @ 24% per annum. 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, PRI Division, Parvathipuram, dated 25.07.2025 and 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.15,74,611.16, bill pass order was prepared and signed by Executive Engineer for six works, in which, gross amount is Rs.14,89,922/-, after making standard deductions of Rs.1,27,379/-, net amount payable to the petitioner is Rs.13,62,543/-, however sought four months’ time for payment of the said amount. 4
3. To the said submission, Sri B. Rama Sankara Rao, learned counsel for the petitioner, reported no objection with respect to the entitled amount, but submitted that the request for four 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, 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 pay an amount of Rs.13,62,543/- (Rupees Thirteen Lakhs Sixty Two Thousand Five Hundred and Forty Three only) to the petitioner within a period of three (3) 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.”
5. 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 28.11.2025 MP
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THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO.19254 OF 2025 28.11.2025
MP