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2026 DAILYLAW 4408 (AP)

B SOMAIAH v. THE STATE OF ANDHRA PRADESH

WP/9556/2026 · 2026-07-01

K Sreenivasa Reddy

body2026

Judgment text

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Date of reserved for orders : Date of pronouncement : 02.07.2026 Date of uploading : 08.07.2026 APHC010172032026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] THURSDAY, THE 2nd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY WRIT PETITION NO: 9556/2026 Between: 1. B SOMAIAH, S/O B.VENKATA SUBBAIAH, AGED ABOUT 65 YEARS, OCC. RETIRED PANCHAYAT SECRETARY, GUDAVELLI GRAMA PANCHAYAT, VIJAYAWADA RURAL MANDAL, KRISHNA DISTRICT, R/O. D.NO. 29-13-42 KALESWARARAOROAD, SURYARAOPET, VIJAYAWADA, NTR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT-522238. 2. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, STATE OF ANDHRA PRADESH, TADEPALLI, GUNTUR DISTRICT-522501. 3. THE DISTRICT PANCHAYAT OFFICER, NTR DISTRICT, VIJAYAWADA-520001. 4. THE MANDAL PARISHAD DEVELOPMENT OFFICER, PENAMALURU MANDAL, KRISHNA DISTRICT-521139. 5. THE EXECUTIVE OFFICER PR AND RD, PENAMALURU MANDAL, KRISHNA DISTRICT-521139. 2 SRK, J WP.No.9556 of 2026 6. THE PEDAPULIPAKA GRAMA PANCHAYAT, REP. BY PANCHAYT SECRETARY, PENAMALURU MANDAL KRISHNA DISTRICT-521134. ...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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents particularly 6th respondent not paying pending bills for utilized for the benefit of 6th respondent Grama Panchayat from 12.11.2012 to 23.04.2015 to the petitioner for a total amount of Rs. 4,46,775/- (Four Lakhs Fourty Six Thousand Seven Hundred and Seventy Five Rupees) even though the petitioner submitted bills/vouchers to the 6threspondent is highly illegal, arbitrary, unjust, improper, contrary to Service Rules and consequently direct the respondents to release the pending bills of Rs. 4,46,775/- (Four Lakhs Fourty Six Thousand Seven Hundred and Seventy Five Rupees) with Interest of 12percent per annum and to 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 pleased to direct the 6th respondent to release the pending bills of Rs. 4,46,775/- (Four Lakhs Fourty Six Thousand Seven Flundred and Seventy Five Rupees) with Interest of 12% per annum to the petitioner and to pass Counsel for the Petitioner: 1. T S N SUDHAKAR Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 3 SRK, J WP.No.9556 of 2026 O R D E R This Writ Petition is filed seeking the following relief: “….to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents particularly 6th respondent in not paying pending bills for utilized for the benefit of 6th respondent Grama Panchayat from 12.11.2012 to 23.04.2015 to the petitioner for a total amount of Rs.4,46,775/- even though the petitioner submitted bills/vouchers to the 6th respondent is highly illegal, arbitrary, unjust, improper, contrary to Service Rules and consequently direct the respondents to release the pending bills of Rs.4,46,775/- with Interest of 12% per annum and pass such other order…” 2. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Panchayat Raj and learned Standing Counsel for Gram Panchayat. 3. Case of the petitioner, in brief is that the petitioner was initially appointed as a Sericulture Demonstrator on 11.07.1983 and, by transfer, as Farm Foreman-II on 07.08.1984. He was promoted as Assistant Inspector of Sericulture on 15.03.1991 and was later appointed as Panchayat Secretary in the Panchayat Raj Department on 23.08.2000 on administrative grounds. After rendering over 19 years of satisfactory service as Panchayat Secretary, he retired on attaining the age of superannuation on 31.08.2020. While serving as Panchayat Secretary of Pedapulipaka Gram Panchayat, Penamaluru Mandal, Krishna District, from 12.11.2012 to 16.05.2015, the petitioner incurred expenditure towards electricity, sanitation, motor repairs, and other official purposes amounting to Rs.4,46,775/-. Despite his representation, the amounts remain unpaid. Though 3rd respondent, by proceedings dated 02.06.2020, directed verification of the bills, no further action was taken. He further submits that after his retirement, he submitted representations dated 16.12.2024, 10.03.2025, and 26.12.2025, enclosing the 4 SRK, J WP.No.9556 of 2026 relevant vouchers and documents, seeking payment of the pending amount of Rs.4,46,775/-. However, no action has been taken despite lapse of more than five years. The inaction of the respondents, particularly 6th respondent, in releasing the admitted amount of Rs.4,46,775/- is illegal and arbitrary. Aggrieved by the non-payment of the said amounts, the petitioner filed the present Writ Petition. 4. Learned Standing Counsel for the Gram Panchayat, on oral instructions received from the respondent authorities concerned, submits that there is no dispute regarding the expenditure incurred by the petitioner towards electricity charges, sanitation, motor repairs, and other official purposes, amounting to Rs.4,46,775/-. She further submits that the petitioner is entitled to the said amount and that proposals for the release of the grant have already been submitted to the competent authorities, and seeks time for payment of the said amount. 5. Having regard to the fact that there is no dispute with respect to the expenditure incurred by the petitioner or the amount payable to him, and in view of the submissions made by the learned Standing Counsel for the Gram Panchayat, the respondent authorities are directed to pay the undisputed amount of Rs.4,46,775/- to the petitioner within a period of two (2) months 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. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. _____________________________ JUSTICE K. SREENIVASA REDDY Date: 02.07.2026. MS Whether the order is: Speaking ☑ Reasoned Reportable Non-reportable ☑ 5 SRK, J WP.No.9556 of 2026 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No:9556 of 2026 Date: 02.07.2026 MS