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2025 DAILYLAW 58873 (AP)

P RAMA KRISHNA REDDY v. THE STATE OF AP

WP/28929/2025 · 2025-11-27

Ravi Cheemalapati

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010553682025 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. P RAMA KRISHNA REDDY, S/O. PEDABALLI PAPIREDDY, R/O. 1 271, KALLANGIDIVEEDI, NAMBULIPULIKUNTA, ANANTHAPURAM DISTRICT. 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATH RAJ, RURAL DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 3. THE CHIEF ENGINEER II, RWS AND VIJAYAWADA, KRISHNA DISTRICT. 4. THE DISTRICT COLLECTOR, ANANTHAPURAM, ANANTHAPURAM, DISTRICT. 5. THE SUPERINTENDING ENGINEER, RWS AND S CIRCLE, ANANTHAPURAMU, ANANTHAPURAM DISTRICT. 6. THE EXECUTIVE ENGINEER, RWS AND S ANANTHAPURAM DISTRICT. 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 in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the payments for the works executed by the petitioner for 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: 28929/2025 P RAMA KRISHNA REDDY, S/O. PEDABALLI PAPIREDDY, R/O. 1 271, KALLANGIDIVEEDI, NAMBULIPULIKUNTA, ANANTHAPURAM ...PETITIONER AND THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATH RAJ, RURAL DEVELOPMENT AND RWS AND S DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. THE CHIEF ENGINEER II, RWS AND S DEPARTMENT, GOLLAPUDI, VIJAYAWADA, KRISHNA DISTRICT. THE DISTRICT COLLECTOR, ANANTHAPURAM, ANANTHAPURAM, THE SUPERINTENDING ENGINEER, RWS AND S CIRCLE, ANANTHAPURAMU, ANANTHAPURAM DISTRICT. THE EXECUTIVE ENGINEER, RWS AND S DIVISION, PENUKONDA, ANANTHAPURAM DISTRICT. ...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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the payments for the works executed by the petitioner for IN THE HIGH COURT OF ANDHRA PRADESH [3332] FRIDAY, THE TWENTY EIGHTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI P RAMA KRISHNA REDDY, S/O. PEDABALLI PAPIREDDY, R/O. 1- 271, KALLANGIDIVEEDI, NAMBULIPULIKUNTA, ANANTHAPURAM ...PETITIONER THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, AND RWS AND S DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT S DEPARTMENT, GOLLAPUDI, THE DISTRICT COLLECTOR, ANANTHAPURAM, ANANTHAPURAM, THE SUPERINTENDING ENGINEER, RWS AND S CIRCLE, DIVISION, PENUKONDA, ...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 , order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the payments for the works executed by the petitioner for 2 Providing (i) Construction of clear water sump and pump house at O.D. Cheruvu in CPWS Scheme to O.D Cheruvu Mandal through the Agreement No. /AEE /Sump-ODC-CPWS/2017-18, dated 09.06.2017 for final part amount of Rs.8,58,850/-, (ii) Construction of clear water sump and pump house at Erragunduvari palli in CPWS scheme to O.D.Cheruv and Amadagur Mandal through the Agreement No. /AEE/Sump-Erragunduvari palli - ODC- CPWS/2017-18, dated 09.06.2017 for final part amount of Rs.4,00,146/- (iii) Construction of Clear water sump and Pump House at Kondakamarla in CPWS Scheme to O.D.Cheruvu Puttaparthy Constituency through the Agreement No. /AEE /Sump- Kondakamarla- CPWS/2017-18, dated 09.06.2017 for final part amount of Rs.5,48,371/-, a total amount of Rs. 18,07,367/- for the three works, is illegal, arbitrary and contrary to law and un constitution and violation of Article 14 of Constitution of India and consequently direct the respondents to release an amount of Rs. 18,07,367/- with 18 PERCENT per annum to the petitioner in respect of the execution of aforementioned work forthwith and to 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 release an amount of Rs. 18,07,367/- with interest at 18% for the work executed by the petitioner for Providing (i) Construction of clear water sump and pump house at O.D. Cheruvu in CPWS Scheme to O.D Cheruvu Mandal through the Agreement No. /AEE /Sump-ODC-CPWS/2017- 18, dated 09.06.2017 for final part amount of Rs.8,58,850/-, (ii) Construction of clear water sump and pump house at Erragunduvari palii in CPWS scheme to O.D.Cheruv and Amadagur Mandal through the Agreement No. /AEE/Sump-Erragunduvari palli - ODC-CPWS/2017-18, dated 09.06.2017 for final part amount of Rs.4,00,146/- (iii) Construction of Clear water sump and Pump House at Kondakamarla in CPWS: Scheme to O.D.Cheruvu Puttaparthy Constituency through the Agreement No. /AEE /Sump- Kondakamarla- CPWS/2017-18, dated 09.06.2017 for final part amount of Rs.5,48,371/- and to pass Counsel for the Petitioner: 1. MARELLA RADHA 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 the respondent authorities are not releasing the payments for the works executed by the petitioner for providing (i) Construction of clear water sump and pump house at O.D. Cheruvu in CPWS Scheme to O.D Cheruvu Mandal through the Agreement No. /AEE /Sump-ODC-CPWS/2017-18, dated 09.06.2017 for final part amount of Rs.8,58,850/-, (ii) Construction of clear water sump and pump house at Erragunduvaripalli in CPWS scheme to O.D.Cheruvu and Amadagur Mandal through the Agreement No. /AEE/Sump-Erragunduvaripalli-ODC-CPWS/2017- 18, dated 09.06.2017 for final part amount of Rs.4,00,146/- (iii) Construction of Clear water sump and Pump House at Kondakamarla in CPWS Scheme to O.D.Cheruvu Puttaparthy Constituency through the Agreement No. /AEE /Sump- Kondakamarla-CPWS/2017-18, dated 09.06.2017 for final part amount of Rs.5,48,371/-, a total amount of Rs.18,07,367/- for the three works. 2. 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, RWS & S Division, Penukonda, dated 28.11.2025 and submitted that the authorities have admitted the bills of the petitioner, however sought four (4) months time for payment of the said amount. 3. To the said submission, Smt Marella Radha, learned counsel for the petitioner reported no objection regarding the said amount and the request for 4 four months’ time for payment of the said amount 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.18,07,367/- (Rupees Eighteen Lakhs Seven Thousand Three Hundred and Sixty Seven only) to the petitioner within a period of four (4) 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.” 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 5 317 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.28929 OF 2025 28.11.2025 MP