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2025 DAILYLAW 9664 (AP)

ANNEM CHANDRA SEKHAR REDDY v. THE STATE OF ANDHRA PRADESH

WP/5754/2025 · 2025-03-17

Gannamaneni Ramakrishna Prasad

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 5754 OF 2025 Between: Annem Chandra Sekhar Reddy, S/o. A.Pedda Nandi Reddy, Aged years, R/o.H-No 2-5-48, Satram Street, Allagadda Village, Allagadda Mandal Nandyal District. about 55 ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance and Planning Department, Secretariat, Velagapudi, Guntur District 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Guntur District 3. The District Collector, Kurnool District, Kurnool 4. The Superintending Engineer, Panchayath Raj Division, Nandyal, Nandyal District. 5. The Executive Engineer, Panchyat Raj Division, Nandyai, Nandyai District. 6. The G.Jambuladinne Grampanchayath, Rep.by its Secretary, Allagadda Mandal, Nandyal District. ...RESPONDENTS India praying that in may an appropriate writ, order or direction more particularly in the nature WRIT OF MANDAMUS, declaring the action of the Petition under Article 226 of the Constitution of the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue one respondents in not releasing the payment of Cumulative Rs.4,35,606/- i.e., for the works executed by the petitioner under the Grant SDF for providing works of i) Providing pucca Internal C.C. Roads including side Drainage System from NH 40 to J.Venkata Subbaiah House and NH 40 amount of to Terikala Veerabadrudu House in NALAGATLA Village of Allagadda Mandal for an amount of Rs. 1,45,202/- through Agreement No.22/2018-19 Dated. 12.09.2018, ii)Providing pucca Internal C.C. Roads including side Drainage System from NH 40 to Kambagiri Ramudu House and Esukapalli Naga Raju House to Venkata Subbaiah House in NALAGATLA Village of Allagadda Mandal for an amount of Rs. 1,45,202/- through Agreement No.20/2018-19 Dated. 12.09.2018, iii)Providing pucca Internal C.C. Roads including side Drainage System from Gonuthula Sreenivasulu House to Muddagari Gurrappa House and Akkala Pedda Kambaiah to Venkata Reddy House in NALAGATLA Village of Allagadda Mandal for Rs. 1,45,202/- through Agreement No.21/2018-19 Dated. 12.09.2018 Illegal, arbitrary, violative of Articles 14 & 19(g) of the Constitution of and consequently direct the Respondents to forthwith release the of above bill amount along with interest. an amount of as India payments lA NO: 1 OF 2025 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 may be pleased to direct the respondents to forthwith release the pending bill of Cumulative amount of Rs.4,35,606/- i.e., for the works executed by the petitioner under the Grant SDF for providing works of i) Providing pucca Internal C.C. Roads including side Drainage System from NH 40 to J.Venkata Subbaiah House and NH 40 to Terikala House in NALAGATLA Village of Allagadda Mandal for 1,45,202/-through Agreement No.22/2018-19Dated. 12.09.2018, li)Providing pucca Internal C.C. Roads including side Drainage System from NH 40 to KambagiriRamudu House and Esukapalli Naga Raju House to Venkata Subbaiah House in NALAGATLA Village of Allagadda Mandal process and Veerabadrudu an amount of Rs. for an amount of Rs. 1,45,202Mhrough Agreement No.20/2018-19 Dated. 12.09.2018, iii)Providing pucca internal C.C. Roads including side Drainage System fromGonuthula Sreenivasulu House to MuddagariGurrappa House and Akkala Pedda Kambaiah to Venkata Reddy House in NALAGATLA Village of Allagadda Mandal for an amount of Rs. 1,45,202/- through Agreement No.21/2018-19 Dated.12.09.2018. Counsel for the Petitioner: SRI K.NAGA PHANINDARA REPRESENTING SRI S.CHANDRA SEKHARA REDDY Counsel for the Respondent No.1: SRI PANUKU RAJESH KUMAR, ASST.GP FOR FINANCE & PLANNING Counsel for the Respondent Nos.2 to 5: SRI PANUKU RAJESH KUMAR, ASST.GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent No.6: SRI MATTEGUNTA SUDHIR, SC FRO ZPP, MPP & GRAM PANCHAYAT The Court made the following: ORDER APHC010106912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY ,THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 5754/2025 Between; 1.ANNEM CHANDRA SEKHAR REDDY, ,S/0. A.PEDDA NANDI REDDY, AGED ABOUT 55 YEARS, R/O.H-NO 2-5-48, SATRAM STREET, ALLAGADDA VILLAGE, ALLAGADDA MANDAL, NANDYAL DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT,SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 3.THE DISTRICT COLLECTOR, KURNOOL DISTRICT, KURNOOL 4.THE SUPERINTENDING ENGINEER, PANCHAYATH RAJ DIVISION, NANDYAL, NANDYAL DISTRICT. 5.THE EXECUTIVE ENGINEER, PANCHYAT RAJ DIVISION, NANDYAL, NANDYAL DISTRICT. 6.THE G JAMBULADINNE GRAMPANCHAYATH, REP.BY ITS SECRETARY, ALLAGADDA MANDAL, NANDYAL DISTRICT ...RESPONDENT(S): Counsel for the Petitioner; 2 1.CHANDRA SEKHARA REDDY. S Counsel for the Respondent(S): 1.GP FOR FINANCE PLANNING The Court made the following ORAL ORDER: Heard Sri K. Naga Phanindra, learned Counsel appearing on behalf of Sri S. Chandra Sekhara Reddy, learned Counsel for the Writ Petitioner and Sri Panuku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj & Rural Development and Finance and Planning. 2. The prayer sought in the present Writ Petition is as follows; “to issue an appropriate writ, order or direction more particularly one in the nature Writ of Mandamus, declaring the action of the respondents in not releasing the payment of Cumulative amount of Rs.4,35,606/- i.e., for the works executed by the petitioner under the Grant SDF for providing works of.i) Providing pucca Internal C.C. Roads including side Drainage System from NH 40 to J.Venkata Subbaiah House and NH 40 to TerikalaVeerabadrudu House in NALAGATLA Village of Allagadda Mandal for an amount of Rs. 1,45,202/- through Agreement No.22/2018-19 Dated 12.09.2018, iijProviding pucca Internal C.C Roads including side Drainage KambagiriRamudu House and Esukapalli Naga Raju House to Venkata Subbaiah House in NALAGATLA Village of Allagadda Mandal for an amount of Rs. 1,45,202/- through Agreement No.20/2018-19 Dated 12.09.2018, iiijProviding pucca Internal C.C. Roads including side Drainage System from Gonuthula Sreenivasulu House to Muddagari Gurrappa House and Akkala Pedda Kambaiah to Venkata Reddy House in NALAGATLA Village of Allagadda Mandal for an amount of Rs. 1,45,202/- through Agreement No.21/2018-19 Dated. 12.09.2018 as illegal, arbitrary, violative of Article 14 and 19(g) of the Constitution of India and consequently direct the Respondents to forthwith release the payments of above bill amount along with interest and pass such other order or orders as are deemed fit and proper”. 3. Sri Panuku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj & Rural Development and Finance & Planning has submitted the Written Instruction furnished by the Executive Engineer, Panchayat Raj Division, Nandyal, dated 11.03.2025. Copy of it is also supplied to the learned Counsel for the Writ Petitioner. The same is taken on record. 4. The Written Instruction would indicate that the balance amount to be paid to the Writ Petitioner is only Rs.3,62,945/- as against the demand/claim made by the Writ Petitioner of Rs.4,35,606/-. 5. Sri K. Naga Phanindra, learned Counsel appearing on behalf of Sri S. Chandra Sekhara Reddy, learned Counsel for the Writ Petitioner, instructions, would submit that the Writ Petitioner is willing to accept the amount offered by the Official Respondent namely the Executive Engineer, Panchayat Raj Division, Nandyal (Respondent No.5) i.e., Rs.3,62,945/- as full and final settlement on the condition that the same be paid as expeditiously as possible. on 6. Having regard to the submission made by the learned Counsel for the Writ Petitioner, this Court deems it appropriate to allow the Writ Petition in terms of the balance amount of Rs.3,62,945/- as indicated by the Official Respondents (Respondent No.5) as full and final settlement. There shall be a direction to the Official Respondents to transfer the said admitted amount of Rs.3,62,945/- to the account of the Writ Petitioner, within the period of 8 weeks from today after clearing all administrative formalities from the side of Official Respondents. The Writ Petitioner is directed to submit the details of the bank account to the Respondent No.5 within one week from today for effective compliance. 7.With these observations and directions, this Writ Petition allowed. No order as to costs. stands 8.Interlocutory Applications, if any, stand closed in terrps of this order. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Finance & Planning Department Andhra Pradesh Secretariat, Velagapudi , State of Amaravati, Guntur District. 2. The Principal Secretary, Panchayat Raj & Rural Development Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravati, Guntur District. 3. The District Collector, Kurnool District, Kurnool. 4. The Superintending Engineer, Panchayath Raj Division, Nandyal, Nandyal District. 5. The Executive Engineer, Panchyat Raj Division, Nandyal, Nandyal District. 6. The Secretary, G.Jambuladinne Grampanchayath, Allagadda Mandal, Nandyal District. 7. One CC to Sri S.Chandra Sekhara Reddy, Advocate [OPUC] 8. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT] One CC to Sri Mattegunta Sudhir, SC for ZPP, MPP & Gram Panchayat. [OPUC] Three CD Copies. 10. 11. gi HIGH COURT DATED:17/03/2025 ORDER WP.No.5754 of 2025 01 APR 2025 a ^ . Current Seciion ALLOWING THE WRIT PETITION WITHOUT COSTS