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2025 DAILYLAW 9190 (AP)

DUSANAPUDI LAKSHMI NARAYANA v. THE STATE OF ANDHRA PRADESH

WP/5321/2025 · 2025-06-17

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

J APHC010101022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) y 0^^ WEDNESDAY,THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 5321 OF 2025 Between: Dusanapudi Lakshmi Narayana, S/o. Dusanapudi Suryanrao, Aged about 60 years, Occ: Contractor, R/o. 10-33, Unguturu, Unguturu Mandal, West Godavari District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, The Panchayath Raj Department, Secretariat Building, Velagapudi Village, Guntur District. 2. The State of Andhra Pradesh, Rep by its Principle Secretary, Finance Department, A P Secretariat Building, Velagapudi, Amaravathi. 3. Swatchh Andhra corporation. Rep by its Commissioner, Vijayawada , NTR District. 4. Member secretary, DWSC and Superintending Engineer, RWS and S Dept., West Godavari District. 5. Deputy Executive Engineer & RWS & S, Sub division, Eluru, Swatchh Andhra Corporation, Eluru District at Eluru. 6. The Executive Engineer, Swatchh Andhra Corporation, RWS Division Eluru Eluru District at Eluru. 7. Assistant Executive Engineer & District Collector, RWS & S Ungutur, Swatchh Andhra Corporation, Eluru District at Eluru. f t ...RESPONDENTS India praying that in the Petition under Article 226 of the Constitution of circumstances stated in the affidavit filed therewith, pleased to issue a Writ of Mandamus the High Court may be any other appropriate Write Direction action of the Respondents in withholding amount of Rs.2,26,997/-, out of total bill is Rs. 4,71,442/- dated or declaring the even after finalizing the bills 12/08/2024, payable to the Petitioner in relation to the work “Construction of Community Sanitary Complex . Unguturu GP of Village Secretariat of Unguturu Mandal (CSC) AT Salipeta of I of Eluru District As per the design communited by the Swatchh Andhra i.e. with two Urinals and Corporation, Vijayawada one toilet each for Men and Women blocks along with Wash Basins and proper water tap facilities for urinals and toilets for men proper drainage system and along with ramp facility along with electrical fittings., with proceedings of Reference 23 dt. 06-01-2023 i and women blocks and Agreement 122- is questioned as illegal, arbitrary, and violation of Principles Natural Justice and violation of Articles Constitution of India, and to of 14, 16, 19 and 300A of consequently direct the Respondents to consider the payment of withholding amount of Rs.2,26,997/-, interest of 12% per annum as dated 12/08/2024 -with per the orders of the Hon'ble Division Bench for the delayed amount to the Petitioner in respect of execution of above mentioned work forthwith. jA NO: 1 OF 207fi Petition under Section 151 CPC praying that in the circumstances stated High Court may be pleased to payment of Rs. 2,26,997/- - with interest of 12% per annum as per the orders of the Hon'ble Division Bench for the delayed amount to the Petitioner in respect of execution of above mentioned work forthwith. in the affidavit filed in support of the petition, the direct the Respondents to consider the / n Counsel for the Petitioner: KALLA TULASI DURGAMBA Counsel for the Respondent Nos.1,4 to 7: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING Counsel for the Respondent No.3: SRI KALYAN CHAKRAVARTHY The Court made the following: ORDER R APHC010101022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) / [3328] r WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 5321/2025 Between: 1.DUSANAPUDI LAKSHMI NARAYANA, S/0. DUSANAPUDI SURYANRAO AGED ABOUT 60 YEARS, OCC CONTRACTOR, R/0. 10-33, UNGUTURU, UNGUTURU MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL THE PANCHAYATH RAJ DEPARTMENT, VELAGAPUDI VILLAGE, GUNTUR SECRETARY, SECRETARIAT BUILDING, DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY, FINANCE DEPARTMENT BUILDING, VELAGAPUDI, AMARAVATHI. 3.SWATCHH ANDHRA CORPORATION, REP BY ITS COMMISSIONER, VIJAYAWADA , NTR DISTRICT. 4.MEMBER SECRETARY, DWSC AND SUPERINTENDING ENGINEER, RWS AND S DEPT., WEST GODAVARI DISTRICT. 5.DEPUTY EXECUTIVE ENGINEER AND RWS AND S SUB DIVISION, ELURU, SWATCHH ANDHRA CORPORATION, ELURU DISTRICT AT ELURU. A P SECRETARIAT 2 6.THE EXECUTIVE ENGINEER, SWATCHH ANDHRA CORPORATION, RWS DIVISION ELURU ELURU DISTRICT AT ELURU. /.ASSISTANT EXECUTIVE ENGINEER AND DISTRICT COLLECTOR, RWS AND S UNGUTUR, SWATCHH ANDHRA CORPORATION ELURU DISTRICT AT ELURU. ...RESPONDENT{S): Counsel for the Petitioner: 1.KALLA TULASI DURGAMBA Counsel for the Respondent(S): 1.KALYAN CHAKRAVARTHY R 2.GP FOR PANCHAYAT RAJ RURAL DEV 3.GP FOR FINANCE PLANNING The Court made the following: Heard Ms. Kalla Tulasi Durgama, learned Counsel for the Writ Petitioner and Sri Panku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj. Sri Panku Rajesh Kumar, learned Assistant Government Pleader for Revenue, has submitted the Written Instructions furnished by the Executive Engineer, RWS & S Division, Eluru, dated 17.06.2025. Copy of it is supplied to the Counsel for the Writ Petitioner and the same is taken on record. The relevant portion of the Written Instructions is usefully extracted 2. 3. hereunder: “The Contractor has concluded Agreement for the work Construction of Community Sanitary Complex at Village Secretriates at (Salipeta) of Unguturu CP of Unguturu Mandal with an Estimate Cost Rs.3.00 Lakhs under SAC (Swatchq Andhra Corporation) grtant and the work M/as completed, part Bill an amount of Rs. 1,59,156/- was paid on 30.11.2023 and Ls 2nd & Final Bill was under process for payment through Nidhi portsl. ” 4. The above extract would indicate that out of the claim of Rs. 3,00,000/-, part of the said claim, i.e., an amount oT Rs.1,59,156/- was paid on 7 3 30.11.2023, and the final bill is now under process for the balance amount. This position is not disputed by the Writ Petitioner. Learned Counsel for the Writ Petitioner would submit that the balance amount be paid to the Writ Petitioner as expeditiously as possible. In view of the submission made by the learned Counsel for the Writ Petitioner, there shall be a direction to the Official Respondents to complete the entire intra-departmental and inter-departmental administrative process in respect of the payment of the balance amount by co-operation and co ordination between various departments and transfer the amount to the bank account of the Writ Petitioner as full and final settlement within a period of six (06) weeks from today and communicate the same to the Writ Petitioner. With these observations and directions, the Writ Petition stands allowed. No order as to costs. 5. 6. 7. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- K. SRINIVASA RAJU assistant registrar 8. //TRUE COPY// N OFFICER SE' To, 1. The Principal Secretary, The Panchayath Raj Department, State of Andhra Pradesh, Secretariat Building, Velagapudi Village, Guntur District. The Principle Secretary, Finance Department, State of Andhra Pradesh, A P Secretariat Building, Velagapudi, Amaravathi. The Commissioner, Swatchh Andhra corporation, Vijayawada , NTR District. The Member Secretary, DWSC and Superintending Engineer, RWS and S Dept., West Godavari District. Deputy Executive Engineer and RWS and S Sub Division, Eluru, Swatchh Andhra Corporation, Eluru District at Eluru. The Executive Engineer, Swatchh Andhra Corporation, RWS Division Eluru Eluru District at Eluru. The Assistant Executive Engineer and District Collector, RWS and S Ungutur, Swatchh Andhra Corporation, Eluru District at Eluru. 2. 3. 4. 5. 6. 7. 8. One CC to M/s. Kalla Tulasi Durgamba, Advocate [OPUC] 9. One CC to Sri Kalyan Chakravarthy R, Advocate [OPUC] 10. Two GO’S to GP for Panchayat Raj & Rural Development, High Court of A.P. at Amaravati[OUT] 11. Two CC’s to GP for Finance and Planning, High Court of A.P. at Amaravati[OUT] 12. Three CD Copies. ssb HIGH COURT DATED; 18/06/2025 ORDER WP No.5321 of 2025 0 5 JUL 2U25 IS xJ^vCjjrrentSectjojix'w €: o\ ALLOWING THE W.P. WITHOUT COSTS