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2026 DAILYLAW 3435 (AP)

KONIKI GANESH v. THE STATE OF ANDHRA PRADESH

WP/9897/2026 · 2026-06-18

K Sreenivasa Reddy

body2026

Judgment text

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APHC010176972026 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 9897/2026 Between: 1. KONIKI GANESH, S/O. GANGAIAH AGED ABOUT 25 YEARS, R/O. DOOR NO. 2-100, KOTHAPETA VILLAGE, GUDLURU MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DIS 3. THE DISTRICT PANCHAYAT OFFICER, SPSR NELLORE DISTRICT, ANDHRA PRADESH 4. THE MANDAL PARISHATH DEVELOPMENT OFFICER, GUDLURU MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH 5. THE EXTENSION OFFICER, GUDLURU MANDAL, SPSR DISTRICT, ANDHRA PRADESH 6. THE KOTHAPETA GRAM PANCHAYAT, REP. BY ITS PANCHAYAT DEVELOPMENT OFFICER (PANCHAYAT SECRETARY), KOTHAPETA GRAM PANCHAYAT, GUDLURU MANDAL, SPSR IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 9897/2026 KONIKI GANESH, S/O. GANGAIAH AGED ABOUT 25 YEARS, R/O. 100, KOTHAPETA VILLAGE, GUDLURU MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH-523281 ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH- 522238 THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT-522238. THE DISTRICT PANCHAYAT OFFICER, SPSR NELLORE DISTRICT, ANDHRA PRADESH-524001.F THE MANDAL PARISHATH DEVELOPMENT OFFICER, GUDLURU MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH THE EXTENSION OFFICER, GUDLURU MANDAL, SPSR DISTRICT, ANDHRA PRADESH- 523281. THE KOTHAPETA GRAM PANCHAYAT, REP. BY ITS PANCHAYAT DEVELOPMENT OFFICER (PANCHAYAT SECRETARY), KOTHAPETA GRAM PANCHAYAT, GUDLURU MANDAL, SPSR IN THE HIGH COURT OF ANDHRA PRADESH [3327] THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY KONIKI GANESH, S/O. GANGAIAH AGED ABOUT 25 YEARS, R/O. 100, KOTHAPETA VILLAGE, GUDLURU MANDAL, 523281 ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL PANCHAYAT RAJ RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT 522238. THE DISTRICT PANCHAYAT OFFICER, SPSR NELLORE DISTRICT, THE MANDAL PARISHATH DEVELOPMENT OFFICER, GUDLURU MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH- 523281. THE EXTENSION OFFICER, GUDLURU MANDAL, SPSR NELLORE THE KOTHAPETA GRAM PANCHAYAT, REP. BY ITS PANCHAYAT DEVELOPMENT OFFICER (PANCHAYAT SECRETARY), KOTHAPETA GRAM PANCHAYAT, GUDLURU MANDAL, SPSR 2 NELLORE DISTRICT, ANDHRA PRADESH- 523281. 7. THE SARPANCH, KOTHAPETA GRAM PANCHAYAT, GUDLURU MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH-523281 8. THE ASSISTANT EXECUTIVE ENGINEER, RURAL WATER SUPPLY AND SANITATION DEPARTMENT, GUDLURU MANDAL, SPSR NELLORE DISTRICT-523281. 9. THE DEPUTY EXECUTIVE ENGINEER, RURAL WATER SUPPLY AND SANITATION DEPARTMENT, GUDLURU MANDAL, SPSR NELLORE DISTRICT-523281. 10. THE DEPUTY EXECUTIVE ENGINEER, PRI DEPARTMENT, SUB DIVISION, KANDUKUR, GUDLURU MANDAL, SPSR NELLORE DISTRICT-523105. ...RESPONDENT(S): 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in releasing the net amounts of Rs.6,49,475/- (Six Lakh Forty Nine Thousand Four hundred and seventy five Rupees only) for a total of 8 works duly executed by petitioner is illegal , arbitrary and well established legal principles apart from being violative of the fundamental and Constitutional rights guaranteed to me under Articles 14, 19, 21 and 300-Aof the Constitution of India and consequently direct the respondents pay the amount of Rs.6,49,475/- (Six Lakh Forty Nine Thousand Four hundred and seventy five Rupees only) forthwith for all the works and pass IA NO: 1 OF 2026 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 leased to direct the Respondents to pay an amount of Rs.6,49,475/- ( Six Lakh Forty Nine Thousand Four hundred and seventy five Rupees only) for a total of 8 works duly executed by the Petitioner which are admitted by the Respondents, pending disposal of the above Writ Petition and pass 3 Counsel for the Petitioner: 1. GAJJALA MALLIKARJUNA REDDY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR IRRI AND CAD 3. GP FOR FINANCE PLANNING The Court made the following: ORDER:- This Writ Petition is filed under Article 226 of the Constitution of India seeking the following prayer: “…to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in releasing the net amounts of Rs.6,49,475/- (Six Lakh Forty Nine Thousand Four hundred and seventy five Rupees only) for a total of 8 works duly executed by petitioner is illegal , arbitrary and well established legal principles apart from being violative of the fundamental and Constitutional rights guaranteed under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents pay the amount of Rs.6,49,475/- (Six Lakh Forty Nine Thousand Four hundred and seventy five Rupees only) forthwith for all the works and pass…” 2. The petitioner claims to be a contractor engaged in the execution of civil works, including Gram panchayat works under 15th Finance Commission 4 Grant. The respondent No.6 awarded contracts for execution of the works viz., “1.Sanitation activities, Removal of the Jungle and Garbage lifting at SC Colony locations of Kothapeta GP in Gudluru Mandal; 2.Maintenance of the PWS Scheme to Kothapeta Village of Kothapeta GP in Gudluru Mandal; 3.Arresting the pipeline leakages to PWS scheme at various locations of Kothapeta GP in Gudluru Mandal; 4.Sanitation activities, Removal of the Jungle and Garbage lifting at various locations of Kothapeta GP in Gudluru Mandal; 5.Motor repair works to MPWS Scheme at SC Colony of Kothapeta GP in Gudluru Mandal; 6.Augmentation of the PWS Scheme to Kothapeta Village of the Kothapeta GP in Gudluru Mandal; 7.Providing Jungle Clearance and formation of Gudlur Kostalu to Kothapeta Village in Kothapeta GP in Gudluru Manal; and 8.Providing Jungle Clearance and Formation from Kothapeta Gangamma temple to SC Colony in Kothapeta GP in Gudluru Mandal”. Pursuant thereto, separate agreements were entered into between the petitioner and the respondent Nos.8 and 10. It is the case of the petitioner that he executed and completed the said works to the satisfaction of respondent Nos.6 to 10. The respondent Nos.8 to 10 recorded the measurements in the M-Book and thereafter quality control tests were also conducted, and the value of the works were assessed at Rs.6,49,475/-. The grievance of the petitioner is that notwithstanding the completion of the works and recording of measurements by the competent authorities, the amount due and payable towards the executed works has not been released till date, 5 despite the lapse of more than one year. Aggrieved thereby, the present writ petition has been filed by the petitioner herein. 3. Heard. Perused the record. 4. Learned Standing Counsel appearing on behalf of respondent No.6, on written instructions, submits that the petitioner has duly executed and completed the entire scope of work (8 works) sanctioned under 15th Finance Commission Grant, for which an amount of Rs.6,49,475/- is lawfully due and payable to the petitioner, however owing to the lack of sufficient funds with the Gram panchayat, the said amount could not be released till date and sought six months’ time for payment of the said amount. The written instructions are placed on record. 5. Having regard to the fact that there is no dispute with regard to the works executed by the petitioner and the amount payable to him, and in view of the submissions made by the learned Standing Counsel for 6th respondent, the respondent authorities are directed to pay a sum of Rs.6,49,475/- (Rupees Six Lakhs Forty-Nine Thousand Four Hundred and Seventy-Five only) to the petitioner within a period of eight (8) weeks from the date of receipt of a copy of this order. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. 6 As a sequel thereto, the miscellaneous applications, if any, pending in the Writ Petition shall stand closed. _____________________________ JUSTICE K.SREENIVASA REDDY Date: 19.06.2026 Anr 7 HON’BLE SRI JUSTICE K.SREENIVASA REDDY Writ Petition No.9897 of 2026 Date: 19.06.2026 anr