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2026 DAILYLAW 5844 (AP)

Cheekala Appalaraju v. The State of Andhra Pradesh

WP/16613/2026 · 2026-07-15

K Sreenivasa Reddy

body2026

Judgment text

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Date of reserved for orders : - - - Date of pronouncement : 16.07.2026 Date of uploading : 22.07.2026 APHC010315712026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] THURSDAY, THE 16th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 16613/2026 Between: 1. CHEEKALA APPALARAJU, S/O. C. NARAYANAMURTHY, AGED ABOUT 46 YEARS, OCC CONTRACTOR, R/O. D. NO. 4-27, CHEEKALA VARI PUNTHA STREET, KARAPA MANDAL, GORRIPUDI, KAKINADA DISTRICT - 533468. ...PETITIONER A N D 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT - 522237. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT - 522237. 3. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE PRI WING, KAKINADA DISTRICT AT KAKINADA - 533001. 4. THE SUPERINTENDENT ENGINEER, PRI CIRCLE, KAKINADA, KAKINADA DISTRICT - 533001. 5. THE EXECUTIVE ENGINEER, PRI DIVISION, KAKINADA, KAKINADA DISTRICT - 533001. 6. THE EXECUTIVE ENGINEER, RWS AND S DIVISION, KAKINADA, KAKINADA DISTRICT - 533001. 7. THE GORRIPUDI GRAMA PANCHAYAT, REP BY ITS SECRETARY, GORRIPUDI VILLAGE, KARAPA MANDAL KAKINADA DISTRICT - 533468. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High SRK, J W.P.No.16613 of 2026 2 Court may be pleased to issue a WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing the total due payments of Rs.10,82,304/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1) For Construction of RCC road from Uba Ramu House to Namburi Venkataramana Fields in Gorripudi village of Karapa Mandal for Rs. 3,86,537/-, 2) For Construction of RCC road from Namburi Venkataramana Fields to Namburi Satyanandham site in Gorripudi village of Karapa Mandal for Rs.3,86,538/-, 3) For Construction of RCC road from Dhuryodhanula Raju House to Vasamsetti Subbaarao house in Gorripudi village of Karapa Mandal for Rs.3,86,538/- for Rs. 3,09,229/- above (03) works was sanction under GP/15 Finance Funds, total pending bills amount of Rs.10,82,304/- in Kakinada District through the Agreements, as illegal, arbitrary and violative of Art 14 and 21 of Constitutionof India and consequently direct the respondent authorities to release the pending bills total amount of Rs.10,82,304/- with interest at 18 percent for the pending bills forthwith for the above said works executed by the petitioner and pass such 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 may be pleased to direct respondents to consider for pending bills of Rs.10,82,304/- with interest @ 18 percent for the works executed by the petitioner for the various works under GP/15th Finance Funds, in Kakinada District through the Agreements forthwith, pending disposal of the main Writ Petition and pass such Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: SRK, J W.P.No.16613 of 2026 3 O R D E R This Writ Petition is filed seeking the following relief: “….to issue an appropriate 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 total due payments of Rs.10,82,304/- even after finalizing the bills, payable to the petitioner in relation to the works i.e. 1) For „Construction of RCC road from Uba Ramu House to Namburi Venkataramana fields in Gorripudi Village of Karapa Mandal‟ for Rs.3,86,537/-, 2) For „Construction of RCC road from Namburi Venkataramana fields to Namburi Satyanandham site in Gorripudi Village of Karapa Mandal‟ for Rs.3,86,538/-, 3) For „Construction of RCC road from Dhuryodhanula Raju house to Vasamsetti Subbarao house in Gorripudi Village of Karapa Mandal‟ for Rs.3,09,229/- above (03) work was sanctioned under GP/15th Finance Funds, total pending bills amount of Rs.10,82,304/- in Kakinada District through the Agreements, as illegal, arbitrary and violative of Articles 14 and 21 of Constitution of India and consequently, direct the respondent authorities to release the pending bills total amount of Rs.10,82,304/- with interest at 18% for the pending bills forthwith for the above said works executed by the petitioner and pass such other order or orders …” 2. Heard learned counsel for the Writ Petitioner, learned Assistant Government Pleader for Panchayat Raj and Rural Development representing respondent Nos.1, 3 to 6, learned Assistant Government Pleader for Finance, representing respondent No.2, and the learned Standing Counsel for Gram Panchayat, representing respondent No.7. SRK, J W.P.No.16613 of 2026 4 3. The respondent No.4 accorded administrative sanction for the works of construction of RCC road from Uba Ramu House to Namburi Venkataramana fields in Gorripudi Village of Karapa Mandal, for an amount of Rs.3,86,537/-; construction of RCC road from Namburi Venkataramana fields to Namburi Satyanandham site in Gorripudi Village of Karapa Mandal for an amount of Rs.3,86,538/-, and construction of RCC road from Dhuryodhanula Raju house to Vasamsetti Subbarao house in Gorripudi Village of Karapa Mandal’ for an amount of Rs.3,09,229/-, to the Writ Petitioner under GP/15th Finance Funds for the year 2024-24. The Writ Petitioner entered into an Agreement with 6th respondent after receiving Letter of Acceptance, and executed the aforesaid works on war footing basis and completed within the specified time. The respondent Nos.7 and 8 inspected the work, measured and entered the same in the Measurement Book. Though the Writ Petitioner approached the respondent authorities on multiple occasions, requesting for payment of pending bill amount of Rs.10,82,304/-, they are not doing so. According to Writ Petitioner, having executed the works satisfactorily, within the prescribed time, non-payment of the bill amount was arbitrary and unjustified. It was further contended that the delay in payment is causing severe financial hardship, necessitating the filing of the present Writ Petition seeking appropriate directions for release of the outstanding amount. SRK, J W.P.No.16613 of 2026 5 4. Learned Standing Counsel for Gram Panchayat representing respondent No.7, on written instructions received from the Panchayat Secretary, Gorripudi Village, Karapa Mandal of Kakinada District-7th respondent, submits that the Writ Petitioner, originally, executed four (04) works in Gorripudi Village, and out of them, one bill was paid in the month of March, 2026. Learned Standing Counsel further submits that according to 15th Finance Commission, the Gram Panchayat Funds are bifurcated into tied funds (60%) and untied funds (40%), and the bills of the Writ Petitioner are to be paid from the untied funds of the Gram Panchayat. Therefore, the respondent No.7-Gram Panchayat has to cater to the needs of other items enumerated in the untied funds. Learned Standing Counsel further submits that the tenure of Sarpanch expired on 01.04.2026, and the bills payable to the Writ Petitioner, would be released as soon as the Special Officer joins in respondent No.7-Gram Panchayat. 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 Writ Petitioner and the amount payable to him, and in view of the submissions of the learned Standing Counsel for the Gram Panchayat, representing respondent No.7, the respondent authorities are directed to pay a sum of Rs.10,82,304/- SRK, J W.P.No.16613 of 2026 6 (Rupees Ten Lakhs Eighty Two Thousand Three Hundred and Four only) to the Writ 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 of the Writ Petition. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. JUSTICE K. SREENIVASA REDDY 16th July, 2026. DNB Whether the Order is: Speaking ✓ Reasoned Reportable Non-reportable ✓