m APHC010097682024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI « (Special Original Jurisdiction) C => FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE ' PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 5237 OF 2024 il Between: Kalidindi Suryanarayana Raju, S/o. Padmaraju, Aged 60 years, Occ: Contractor, R/o. D.No.5-37, Panchayat Office Road Mogallu Village Palakoderu Mandal, West Godavari District. Near High School ...PETITIONER AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary, Housing Department, Secretariat, Velagapudi, Amaravati, Thullur Mandal, Guntur District. 2. State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat, Velagapudi, Amaravati, Thullur Mandal, Guntur District. 3. A. P. State Housing Corporation Ltd, 2"^^ Floor, SP River View Building, Tadepalli, Amaravati, Rep. by its Managing Director. 4. The District Collector, West Godavari District, Bhimavaram. 5. The Superintending Engineer, (Delegated with Powers of CE), APSHCL Head office, Vijayawada. 6. The Project Director, A.P. State Housing Corporation Ltd, West Godavari District, Bhimavaram. 7. The District Head-Housing, West Godavari District, Bhimavaram. i 8. The Executive Engineer, A.P. State Housing Corporation Ltd, West Godavari District, Bhimavaram. 9. The Division Head-Housing, Bhimavaram Division, Bhimavaram, West Godavari District. 10. The Gram Panchayat Kopalle, Rep. by its Secretary, Kopalle Village, Kalla Mandal, West Godavari District r ...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, 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 not releasing the payments for the works of Formation of Approach Roads, Culverts, Shifting of Electrical lines and Filling of Low-lying Lands in YSR Jagananna layout colonies of West Godavari District i.e.. Formation of Approach Roads at Kopalle Village of Kalla Mandal Bit-2 and Bit-3 in West Godavari District through the Agreement No. 2/Road/BVRM/2022, dated 19-01-2023 for an amount of Rs.4,99,861/- and Agreement No. 03/Road/BVRM/2022, dated 19-01-2023 for an amount of and Rs. 4,49,616/- totaling an amount of Rs. 9,49,477/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs. 9,49,477/- forthwith for the above said works executed by the petitioner. lA 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 respondents to consider for payment of amount of Rs. 9,49,477/- for the works executed by the petitioner for Formation of Approach Roads, Culverts, Shifting of Electrical lines and Filling of Low-lying Lands in YSR Jagananna layout colonies of West Godavari District i.e.. Formation of Approach Roads at Kopalle Village of Kalla Mandal Bit-2 and Bit-3 in West ;r,^— J&-. * Godavari Di$trict through the Agreement No. 2/Road/BVRM/2022, dated 19- 01-2023 for an amount of Rs.4,99,861/-and Agreement 03/Road/BVRM/2022, dated 19-01-2023 for an amount of and Rs. 4,49,616/- totaling an amount of Rs. 9,49,477/- forthwith, pending disposal of the main Writ Petition. No. Counsel for the Petitioner: SRI RAMBABU KOPPINEEDI Counsel for the Respondent No.1,4,7 & 9:GP FOR HOUSING Counsel for the Respondent No.2:GP FOR FINANCE & PLANNING Counsel for the Respondent Nos.3,5,6 & 8: SRI E.V.JAGANNADHA RAO AND SRI KALYAN CHAKRAVARTHY R, APSHCL Counsel for the Respondent No.10: SRI N. SRIHARI AND SRI Y. KOTESWARA RAO, SC FOR ZPP MPP and GRAM PANCHAYAT The Court made the following order: 1 APHC010097682024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 5237 OF 2024 Between: 1.KALIDINDI SURYANARAYANA RAJU, S/0. PADMARAJU, AGED 60 YEARS, OCC CONTRACTOR, R/0. D.NO. 5-37, PANCHAYAT OFFICE ROAD, NEAR HIGH SCHOOL, MOGALLU VILLAGE PALAKODERU MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY HOUSING DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT. 3. A P STATE HOUSING CORPORATION LTD, 2ND FLOOR, SP RIVER VIEW BUILDING, TADEPALLI, AMARAVATI, REP. BY ITS MANAGING DIRECTOR. 4. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, BHIMAVARAM. 5. THE SUPERINTENDING ENGINEER, (DELEGATED WITH POWERS OF CE) APSHCL HEAD OFFICE, VIJAYAWADA. »- 2 „ 6. THE PROJECT DIRECTOR, A.P. STATE HOUSING CORPORATION LTD, WEST GODAVARI DISTRICT, BHIMAVARAM. 7. THE DISTRICT HEADHOUSING, WEST GODAVARI DISTRICT, BHIMAVARAM. 8. THE EXECUTIVE ENGINEER, A.P. STATE HOUSING CORPORATION LTD, WEST GODAVARI DISTRICT, BHIMAVARAM. 9. THE DIVISION HEAD HOUSING, BHIMAVARAM DIVISION, BHIMAVARAM, WEST GODAVARI DISTRICT. 10.THE GRAM PANCHAYAT KOPALLE, REP. BY ITS SECRETARY, KOPALLE VILLAGE, KALLA MANDAL, WEST GODAVARI DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1.RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. KALYAN CHAKRAVARTHY R 2. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD) 3.GP FOR FINANCE PLANNING 4.N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 5.GP FOR HOUSING The Court made the following ORAL ORDER: Heard Sri Rambabu Koppineedi, Ld. Counsel for the Writ Petitioner and Sri Soma Raju, Ld. Asst. Government Pleader for Housing and Sri Panuku Rajesh Kumar, Ld. Asst. Government Pleader for Finance and Planning. 2. The present Writ Petition is filed seeking recovery of certain arrears in respect of the execution of work (filling of low lying lands). The Writ Petitioner has claimed an amount of Rs.9,49,477/-. 3. Sri Soma Raju, Ld. Asst. Government Pleader for Housing has submitted the Written Instructions dated 07.05.2025 furnished by the Division 3 Head Housing, A.P. State Housing Corporation Ltd., Bhimavaram Division. Copy of it is supplied to the Ld. Counsel for the Writ Petitioner and the same is taken on record. The Written Instructions would indicate that the Writ Petitioner is entitled to the net amount of Rs.8,33,730/- after deduction of the statutory recoveries. 4. Learned Counsel for the Petitioner, having taken instructions from his client, is agreeable to accept the balance amount of Rs.8,33,730/- as full and final settlement 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.8,33,730/- as full and final settlement within a period of eight (08) weeks from today, by completing all the inter-departmental administrative formalities by cooperation and coordination between all the concerned departments and transfer the said amount to the bank account of the Writ Petitioner within a period of four (04) weeks thereafter. 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 5. 6. 7. 8. 9. order. Sd/- N. NAGAMMA ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary, Housing Department, State of Andhra Secretariat, Velagapudi, Amaravati, Thullur Mandal, Guntur Pradesh, District. 2. The Principal Secretary Finance Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Thullur Mandal, Guntur District. 3. The Managing Director, A. P. State Housing Corporation Ltd, 2'’'^ Floor, SP River View Building, Tadepalli, Amaravati. 4. The District Collector, West Godavari District, Bhimavaram. 5. The Superintending Engineer, (Delegated with Powers of CE) APSHCL Head office, Vijayawada. 6. The Project Director, A.P. State Housing Corporation Ltd, West Godavari District, Bhimavaram. 7. The District Head-Housing, West Godavari District, Bhimavaram. 8. The Executive Engineer, A.P. State Housing Corporation Ltd, West Godavari District, Bhimavaram. 9. The Division Head -Housing, Bhimavaram Division, Bhimavaram, West Godavari District. 10. The Secretary, Gram Panchayat Kopalle, Kopalle Village, Kalla Mandal, West Godavari District 11. One CC to Sri Rambabu Koppineedi, Advocate [OPUC] 12. One CC to Sri Kalyan Chakravarthy R, SC for APSHCL [OPUC] 13. One CC to Sri E V Jagannadha Rao, SC for APSHCL [OPUC] 14. One CC to Sri Y.Koteswara Rao, SC for ZPP, MPP & Gram Panchayat[OPUC] 15.Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 16. Two CCs to GP for Housing, High Court of Andhra Pradesh [OUT] 17. Two CD Copies. ssb HIGH COURT DATED:01/08/2025 ORDER WP No. 5237 OF 2024 ALLOWING THE W.P. WITHOUT COSTS