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2025 DAILYLAW 5959 (AP)

VERRI SRINIVASA RAO v. The State of Andhra Pradesh,

WP/2924/2025 · 2025-04-21

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARA (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE |ji. PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2924 OF 2025 Between: Sri Verri Srinivasa Rao, S/o Bapanaiah, Aged about 53 years, Occ; Secretary, Village works Committee, Ullipalem Village, R/o D/no.-7-9/l, Ullipalem, Koduru Mandal, Krishna District. ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Represented by its Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Guntur District. 3. The District Collector, Krishna District. 4. The Executive Engineer, P.R.I Division, Machilipatnam, Krishna District. 5. The Deputy Executive Engineer, P.R.I Avanigadda,Avanigadda Mandal, Krishna District. Sub-Division, 6. The Assistant Executive Engineer, P.R.I Sub-Division, Mandal Parshad, Koduru, Krishna District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith be pleased to issue the High Court may a WRIT OF ^MANDAMUS declaring action of the respondents in non. payment of amount due even after finalizing the bills payable to the petitioner after the successful completion of the execution of 7 works for grant of Gadapa Gadapaku Mana Prabhutwam i.e.. Construction of CC Road from R&B Road to Kola Gopi House in Parchurivaripalem H/o Ullipalem Village of Ullipalem Secretariat of Konduru Mandal. Under Vide Agreement No. Dated 20-12-2023. Construction of CC Road from Kollu /2023-2024 Satyanarayana House to Nagidi Nagaraju House in Palakayatippa Village Hamsaladeevi GP of Ullipalem Secretariat of Koduru Mandal under Vide Agreement No. /2023- 2024 Dated 30-12-2023.Constriction of CC Road from Simgamsetti Putlaiah house to Ghantasla Rambabu House in Parchurivaripalem H/o Ullipalem Village, Secretariat of Koduru Mandal under Vide Agreement No. /2023-2024 Dated 20-12-2023.Construction of CC Road from Ghantasala Rambabu House to Yadam Venkateshwara Rao House in Parachuruvaripalem H/o Ullipalem Village of Ullipalem secretariat of Koduru Mandal under vide Agreement No... /2023-2024, Dated 06-11- 2023.Construction of CC Road from Kokkiligadda Ravi House to Kokkiligadda Musalaiah House in Palakayatipaa Village, Hamsaladevi GP of Ullipalem secretariat of Koduru Mandal. Under Vide Agreement No 20/2023-2024, Dated 30.12.2023. Construction of C.C. Road from Chilakalapudi Dharamaiah House to Chilakalapudi Sambasiva Rao House in Palakayatippa Village, Hamsaladeevi GP of Ullipalem Secretariat of Koduru Mandal. Under Vide Agreement No. /2023-2024. Dated 30-12- 2023.Construction of C.C Road from Polabathina Manikyala Rao House to Pandraka Bramhaiah House in Ullipalem Village and Secretariat of Koduru Mandal. Under Vide Agreement' No. /2023-2024. Dated 30-12-2023. respectively for "Gadapa Gadapaku Mana Prabhutvam" programme and for consequential direction seeking direction to the respondents to release the final bill amounts forthwith along with the interest payable to the petitioner on the principal amount. lA NO: 1 OF 2025 Petition under Section IsrCPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be r pleased to direct the respondents to pay the amounts of Rs.4,12,740/-, Rs.1,19,000/-, Rs.1,60,012/-, Rs.4,12,795/-,Rs.1,79,447/- Rs.297404/-, Rs.1,65,792/-, payable to the petitioner for the works i.e., payable to the petitioner after the successful completion of the execution of 7 works i.e., ■.Construction of CC Road from R&B Road to Kola Gopi House in Parchurivaripalem H/o Ullipalem Village of Ullipalem Secretariat of Konduru Mandal. Under Vide Agreement No. /2023-2024 Dated 20-12- 2023. Construction of CC Road from Kollu Satyanarayana House to Nagidi Nagaraju House in Palakayatippa Village Hamsaladeevi GP of Ullipalem Secretariat of Koduru Mandal under Vide Agreement No. /2023-2024 Dated 30-12-2023.Constriction of CC Road from Simgamsetti Putlaiah house to Ghantasla Rambabu House in Parchurivaripalem H/o Ullipalem Village, Secretariat of Koduru Mandal under Vide Agreement No. /2023- 2024 Dated 20-12-2023.Construction of CC Road from Ghantasala Rambabu House to Yadam Venkateshwara Rao House in Parachuruvaripalem H/o Ullipalem Village of Ullipalem secretariat of Koduru Mandal under vide Agreement No/2023-2024, Dated 06-11- 2023.Construction of CC Road from Kokkiligadda Ravi House to Kokkiligadda Musalaiah House in Palakayatipaa Village, Hamsaladevi GP of Ullipalem secretariat of Koduru Mandal. Under Vide Agreement No 20/2023-2024, Dated 30.12.2023.Construction of C.C. Road from Chilakalapudi Dharamaiah House to ChilakalapudiSambasiva Rao House in Palakayatippa Village, Hamsaladeevi GP of Ullipalem Secretariat of Koduru Mandal. Under Vide Agreement No. /2023-2024. Dated 30-12- 2023. Construction of C.C Road from Polabathina Manikyala Rao House to Pandraka Bramhaiah House in Ullipalem Village and Secretariat of Koduru Mandal. Under Vide Agreement No. /2023-2024. Dated 30-12-2023. respectively for "Gadapa Gadapaku Mana Prabhutvam programme immediately, with an interest @24% per annum for the delayed amount to the petitioner, pending disposal of the Writ Petition. iT Counsel forth© Petitioner: SRI VARDHINEEDI SAI KIRAN Counsel for the Respondent Nos. 1, 3 to 6: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING The Court made the following: ORDER % APHC010053712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] r MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2924/2025 Between; AGED ABOUT 53 VILLAGE WORKS COMMITTEE, R/0 D/NO.-7-9/L, ULLIPALEM, KODURU 1.VERRI SRINIVASA RAO, S/0 BAPANAIAH YEARS, OCC. SECRETARY, ULLIPALEM VILLAGE MANDAL, KRISHNA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEVELOPMENT DEPARTMENT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. PANCHAYAT RAJ AND RURAL SECRETARIAT BUILDINGS, 3.THE DISTRICT COLLECTOR, KRISHNA DISTRICT. 4.THE EXECUTIVE ENGINEER, P.R.I DIVISION, MACHILIPATNAM, KRISHNA DISTRICT. 5.THE DEPUTY EXECUTIVE ENGINEER, P.R.I SUB-DIVISION, AVANIGADDA,AVANIGADDA MANDAL, KRISHNA DISTRICT. 6.THE ASSISTANT EXECUTIVE ENGINEER, P.R.I SUB-DIVISION, MANDAL PARSHAD, KODURU, KRISHNA DISTRICT. 2 ...RESPONDENT(S): Counsel for the Petitioner; 1.VARDH1NEEDI SAI KIRAN 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 Sri V. Sai Kiran, learned Counsel for the Writ Petitioner and Sri Panku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development. Sri Panku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development, has submitted the Written Instructions furnished by the Executive Engineer, PRI Division, Machilipatnam, dated 24.02.2025. Copy of it is supplied to the Counsel for the Writ Petitioner and the same is taken on record. 2. The Payment Summary in the Written Instructions would indicate that the total value of work done by the Writ Petitioner is Rs. 18,90,047/-. The quality recovery and tax deduction is for an amount of Rs. 2,07,355/-, and the balance amount due to the Petitioner is Rs.16,82,692/-. 3. 4. Learned Counsel for the Petitioner, having taken Instructions from his client, is agreeable to accept the balance amount of Rs.16,82,692/- on the condition that the said due amount may be directed to be remitted to the Writ Petitioner as expeditiously as possible. Having regard to the above facts, this Court deems it appropriate to allow this Writ Petition, directing the Official Respondents to pay a sum of Rs.16,82,692/- as full and final settlement within a period of sixteen(16) weeks from today, by completing all the inter-departmental administrative formalities 5. 3 by cooperation and coordination between all the concerned departments and transfer the period of four (04) weeks thereafter. 6. Writ Petitioner is directed to submit a copy of the bank account details to the Competent Authority forthwith for effective compliance. 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. Sd/- M. RAMESH BABU DEPUTY REGISTRAR said amount to the bank account of the Writ Petitioner within a 7. 8. //TRUE COPY// OFFICER SE To 1 The Principal Secretary, Panchayat Department, Secretariat Buildings, Velagapudi, Guntur District. Department, Secretariat Buildings, 2. The Principal' Secretary, Finance Velagapudi, Guntur District. 3. The District Collector, Krishna District. 4. The Executive Engineer, P.R.l Division Machilipatnam, Krishna District. P.R.l Sub-Division, Avanigadda 5. The Deputy Executive Engineer, Avanigadda Mandal, Krishna District. 6. The Assistant Executive Engineer, P.R.l Sub-Division, Mandal Parshad, Koduru, Krishna District. CC to Sri Vardhineedi Sai Kiran Advocate [OPUC] Panchayat Raj Rural Dev, High Court of Andhra 7. One 8. Two CCs to GP for Pradesh. [OUT] 9. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT] 10. Three CD Copies TF HIGH COURT DATED:21/04/2025 ORDER WP.No.2924 of 2025 ALLOWING THE W.P., WITHOUT COSTS