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2025 DAILYLAW 59256 (AP)

VAKACHARLA SRINIVASA RAO v. THE STATE OF ANDHRA PRADESHTHE STATE OF ANDHRA PRADESH

WP/26305/2024 · 2025-12-28

Ravi Cheemalapati

body2025

Judgment text

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APHC010506202024 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. VAKACHARLA SRINIVASA RAO, S/O. KURMA RAO, AGED 55 YEARS, OCC CONTRACTOR, R/O. D.NO. 2 VILLAGE, ANANDAPURAM MANDAL VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 1. THE STATE OF ANDHRA PRADESHTHE PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATHI, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, NH-16, TADEPALLI, GUNTUR DISTRICT. 4. THE ENGINEERINCHIEF, PANCHAYAT RAJ, Z.P. OPPOSITE TO PWD GROUNDS, M.G.ROAD, VIJAYAWADA. 5. THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, NIDHI BHAVAN, MANGALAGIRI IT PARK, BEHIND APIIC BUILDING, MANGALAGIRI, GUNTUR DISTRICT. 6. THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT, ANAKAPALLI. 7. SUPERINTENDING ENGINEER, PANCHAYAT RAJ CIRCLE, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 26305/2024 VAKACHARLA SRINIVASA RAO, S/O. KURMA RAO, AGED 55 YEARS, OCC CONTRACTOR, R/O. D.NO. 2-91/1/1, VELLANKI VILLAGE, ANANDAPURAM MANDAL VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESHTHE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATHI, GUNTUR STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA 16, TADEPALLI, GUNTUR DISTRICT. THE ENGINEERINCHIEF, PANCHAYAT RAJ, Z.P. OPPOSITE TO PWD GROUNDS, M.G.ROAD, VIJAYAWADA. THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, NIDHI BHAVAN, MANGALAGIRI IT PARK, BEHIND APIIC BUILDING, MANGALAGIRI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT, SUPERINTENDING ENGINEER, PANCHAYAT RAJ CIRCLE, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH [3332] MONDAY, THE TWENTY NINETH DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI VAKACHARLA SRINIVASA RAO, S/O. KURMA RAO, AGED 55 91/1/1, VELLANKI VILLAGE, ANANDAPURAM MANDAL VISAKHAPATNAM, ...PETITIONER STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATHI, GUNTUR STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL , SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA THE ENGINEERINCHIEF, PANCHAYAT RAJ, Z.P.COMPOUND, OPPOSITE TO PWD GROUNDS, M.G.ROAD, VIJAYAWADA. THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, NIDHI BHAVAN, MANGALAGIRI IT PARK, BEHIND APIIC BUILDING, THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT, SUPERINTENDING ENGINEER, PANCHAYAT RAJ CIRCLE, 2 8. EXECUTIVE ENGINEER, PANCHAYAT RAJ (PRI) DIVISION, ANAKAPALLI, ANAKAPALLI DISTRICT. 9. THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS DEPARTMENT, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM. ...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, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in withholding the payment of balance of Rs. 21,81,331/- even after finalizing the bills, payable to the petitioner in relation to the work i.e.. Construction of Community hall near ZillaParishad Guest house in Padmanabham Mandal of Visakhapatnam District through the Agreement No./2022-23, dated 28-11-2022 for an amount of Rs. 21,81,331/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondents to consider for payment of amount of Rs. 21,81,331/- to the petitioner in respect of execution of above-mentioned work forthwith and pass IA NO: 1 OF 2024 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 consider for payment for an amount of Rs. 21,81,331/- to the petitioner in respect of execution of work i.e.. Construction of Community hall near Zilla Parishad Guest house in Padmanabham Mandal of Visakhapatnam District through the Agreement No./2022-23, dated 28-11- 2022 for an amount of Rs. 21,81,331/- forthwith pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. RAMBABU KOPPINEEDI 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 even after finalizing the bills, the respondent authorities are withholding the payment of balance of Rs.21,81,331/- in relation to the work i.e., Construction of Community hall near Zilla Parishad Guest house in Padmanabham Mandal of Visakhapatnam District through the Agreement No. /2022-23, dated 28-11-2022. 2. When the matter is taken up for consideration today, Smt D.Chandrika, learned Assistant Government Pleader for Panchayat Raj & Rural Development, placed on record the written instructions of the Executive Engineer, PRI Division, Anakapalli, dated 22.11.2025 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.21,81,331/-, the authorities, after making the necessary deductions, will have to pay an amount of Rs.19,91,181/-, however sought Four months time for payment of the said amount, as bill is waiting for fund clearance. 3. To the said submission, Sri V.Satyanarayana, learned counsel, representing Sri Rambabu Koppineedi, learned counsel for the petitioner, reported no objection regarding payment and granting Four months’ time for making payment 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 bill amount to the petitioner, there is no purpose in keeping this Writ Petition pending. As such, 4 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.19,91,181/- (Rupees Nineteen Lakhs Ninety One Thousand One hundred and Eighty One only) to the petitioner within a period of Four (4) months from the date of receipt of a copy of this order.” 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 29.12.2025 MP 5 176 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.6305 OF 2024 29.12.2025 MP