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2025 DAILYLAW 5987 (AP)

AREPALLI RAJANIKANTH v. The State of Andhra Pradesh,

WP/3024/2025 · 2025-03-07

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF MARCH ( TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3024 OF 2025 Between: Arepalli Rajanikanth, S/o A. Narayana, Aged about 52 years, R/o D/no-3- 35A, Kammanamolu, Village, Nagayalanka Mandal, Kammanamolu, Krishna District. ...PETITIONER AND The State of Andhra Pradesh, Represented by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Buildings, Velagapudi, Guntur District. The State of Andhra Pradesh, Represented by its Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Guntur District. The District Collector, Krishna District. The Executive Engineer, P.R.I Division, Machilipatnam, Krishna District. The Deputy Executive Engineer, P.R.I Sub-Division, Avanigadda,Avanigadda Mandal, Krishna District. The Assistant Executive Engineer, P.R.I Sub-Division, Mandal Parshad, Koduru, Krishna District. 1. 2. 3. 4. 5. 6. ...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 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 4 works for grant of Gadapa Gadapaku Mana Prabhutwam i.e., : C9nstruction of CC Road from R and B Road to Smt Bandari Naga Kumari house in Irali Village of Ramakrishnapuram Secretariat of Koduru Mandal. Undet Vide Agreement No. 377 /2023-2024 Dated 04-09-2023. Construction of CC Road from R and B Road to Sri Kandula Rambabu House to Church in Ramakrishnapuram Secretariat of Koduru Mandal. Under Vide Agreement No. 378/2023-2024 Dated 04-09-2023.Construction of CC Road from R and B Road to Church to Sri Devanaboina Sivayya House in Ramakrishnapuram Secretariat of Koduru Mandal. Under Vide Agreement No.379 /2023-2024 Dated 04-09-2023. Construction of CC Road from R and B Road to Smt Ljjineni Annapurna House in Utagundam Village of Ramakrishnapura m Secretariat of Koduru Mandal. Under Vide Agreement No. 380 /2023-2024 Dated 04-09-2023. 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 151 CPC praying that in the circumstanced stated in the affidavit filed in support of the petition, the High Court may be pleased to DIRECT the respondents to pay the amounts of Rs.4,12,440/-, Rs.4,12,573/-, Rs.4,12,545/-, Rs.4,12,573/-,payable to the petitioner for the works i.e., payable to the petitioner after the successful completion of the execution of 4 works i.e : Construction of CC Road from R&B Road to Smt Bandari Naga Kumari house in Irali Village of Ramakrishnapurani Secretariat of Koduru Mandal. Under Vide Agreement No. 377 /2023-2024 Dated 04-09-2023. Construction of CC Road from R& B Road to Sri Kandula Rambabu House to Church in Ramakrishnapuram Secretariat of Koduru Mandal. Under Vide Agreement No. 378/2023-2024 Dated 04-09-2023: Construction of CC Road from R&B Road to Church to Sri Devanaboina Sivayya House in Ramakrishnapuram Secretariat of Koduru Mandal. Under Vide Agreement No. 379/2023-2024 Dated 04-09-2023. Construction of CC Construction of CC Road from R&B Road to Smt Ljjineni Annapurna House in Utagundam Village of Ramakrishnapuram Secretariat of Koduru Mandal, Under Vide Agreement No. 380 /2023-2024 Dated 04-09-2023. 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. Counsel for the Petitioner: SRI VARDHINEEDI SAI KIRAN Counsel for the Respondent Nos.1, 3 to 6: GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT Counsel for the Respondent No.2: GP FOR FINANCE AND PLANNING The Court made the following: ORDER 1 APHC010053702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] FRIDAY THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3024/2025 Between: 1.AREPALLI RAJANIKANTH, S/0 A. NARAYANA, AGED ABOUT 52 YEARS, R/0 D/NO-3-35A. KAMMANAMOLU, VILLAGE, NAGAYALANKAMANDAL, KAMMANAMOLU, KRISHNA DISTRICT. KAMMANAMOLU, VILLAGE, NAGAYALANKAMANDAL, KAMMANAMOLU, 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 SUB-DIVISION, AVANIGADDA,AVANIGADDA MANDAL, KRISHNA DISTRICT. 6.THE ASSISTANT EXECUTIVE ENGINEER, P.R.I SUB-DIVISION, MANDAL PARSHAD, KODURU, KRISHNA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1.VARDHINEEDI SAl KIRAN Counsel for the Respondent(S): 2 1 .GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR FINANCE PLANNING The Court made the following: ORAL ORDER: Heard Sri Vardhineedi Saikiran, learned Counsel for the Writ Petitioner and Sri Panuku Rajesh Kumar, Ld. Asst. Government Pleader for Finance Planning & Panchayat Raj. Sri Panuku Rajesh Kumar, learned Assistant Government Pleader for Finance Planning & Panchayat Raj has submitted the Written Instruction dated 04.03.2025 furnished by the Executive Engineer, PRI Division, Machilipatnam. Copy of it is supplied to the learned Counsel for the Writ Petitioner and the same is taken on record. 2. The Written Instruction would indicate that the Respondent No.4 is admitting that the balance amount of Rs. 17,77,864/- is still due to be paid to the Writ Petitioner herein. 3. Having regard to these facts and circumstances, this Court deems it appropriate to dispose of this Writ Petition at the admission stage, without going into merit, directing the Official Respondents to complete the entire process from the side of both the Departments within a period of seven (07) weeks from today and remit the due amount of Rs.17,77,864/- into the account of the Writ Petitioner within a period of two (02) weeks thereafter and convey the said action to the Writ Petitioner forthwith. 4. With these observations and directions, this Writ Petition stands allowed. No order as to costs. 5. Needless to state that the Department of Finance and the Department of Panchayat Raj & Rural Development have to coordinate with each other, as a matter of public duty in completing the said process. 6. / 3 7. Interlocutory Applications, if any, stand closed in terms of this order. / Sd/- N. NAGAMMA ASSISTANT REGISTRAR / //TRUE COPY// SECTTDN OFFICER To 1. The Principal Secretary, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 2. The Principal Secretary, Finance Department, State of Andhra Pradesh, 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 Sub-Division, Avanigadda,Avanigadda Mandal, Krishna District. 6. The Assistant Executive Engineer, P.R.I Sub-Division, Mandal Parshad, Koduru, Krishna District. 7. One CC to Sri Vardhineedi Sai Kiran, Advocate [OPUC] 8. Two CCs to GP for Panchayat Raj and Rural Development, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Finance arid Planning, High Court of Andhra Pradesh. [OUT] 10. Three CD Copies. ssb \ HIGH COURT DATED:07/03/2025 ORDER AND«^ * 2 6 MAR 2025 ^ . Current Section . ^ WP.No.3024 of 2025 Pi DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS