IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
THURSDAY, THE TWENTY EIGHTH DAY OF MARCH
TWO THOUSANDAND TWENTYFOUR
PRESENT
THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO: 6499 OF 2024
Between:
B Phattabhi Reddy, S/o Raghava Reddy, aged about 59
years, Occ; Contractor
R/o. Putrela, Vissennapeta Mandal N.T.R. District.
...PETITIONER
AND
1. The State of AP, rep. by its principal secretary
panchayat and Rural
development department Secretariat buildings Amaravati.
2. The State of Andhra Pradesh, rep. by its Principal
Secretary, Finance
Department Secretariat buildings Amaravati.
3. The Commissioner of Panchayat Raj and Rural Development,
Government of
Andhra Pradesh, Amaravati.
4. The District Collector ( PR Wing), Vijayawada, N.T.R.
District. Previously
Krishna District.
5. The Superintendent Engineer, Panchayat Raj circle
office, Vijayawada N T R
District. ’ ■
6. The Executive Engineer, Panchayat Raj Division Nuzuvid,
Eluru District
Previusly Krishna District.
7. The Executive Engineer, Panchayat Raj Division Vijayawada,
N.T.R. District.
8. The Union of India, rep. by its Secretary, Central
Secretariat, Secretariat
buildings New Delhi, India.
9. The Gollamandhala Panchayat, rep. by its Secretary,
Gollamandhala Village,
A. Konduru Mandal, N.T.R. District, previously Krishna
District.
...RESPONDENTS
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
in the nature of
one
Writ of Mandamus to declaring inaction on the part
of the respondents here in not
releasing the bill amounts after completion of Execution
of works of Construction
of CC Internal Roads in ST Colony of Goilamandaia Village
in A. Konduru Mandal,
in the area of 9*'' respondent grampanchyat worth of
rupees 4,56,501/- with
interest under MGNREGS Scheme and SDF Scheme to the
petitioner till today
and causing heavy loss with interest even though total
works were completed with
in time as illegal arbitrary and violative of article
14,16,21 of constitution of India
and consequentially direct the respondents to release
and pay the amounts of
worth of rupees 4,56,501/- with interest under MGNREGS
Scheme and SDF
Scheme forthwith to the petitioner.
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in the
circumstances stated in
the affidavit filed in support of the writ petition,
the High Court may be pleased to
direct the respondents to release and pay the amounts
of worth of
rupees
4,56,501/- with interest under MGNREGS Scheme and SDF
Scheme forthwith to
the petitioner pending disposal of the above writ petition.
Counsel for the Petitioner: M/s. GORLA MANASA
Counsel for the Respondent Nos.1, 3 to 7: SRI VENKATA
NARAYANA,
ASST.GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT
Counsel for the Respondent No.2 : GP FOR FINANCE AND
PLANNING
Counsel for the Respondent No.8: SRI JUPUDI V.K. YAGNA
DUTT,
CENTRAL GOVT. COUNSEL
Counsel for the Respondent No.9: SRI N. SRIHARI,
SC FOR GRAM PANCHAYAT
The Court made the following: ORDER
1
APHC010123592024
IN THE HIGH COURT OF ANDHRA
PRADESH
[3332]
AT AMARAVATI
(Special Original Jurisdiction)
THURSDAY ,THE TWENTY EIGHTH DAY OF MARCH
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO: 6499/2024
Between:
B Phattabhi Reddy ...PETITIONER
AND
The State Of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1.GORLA MANASA
Counsel for the Respondent(S):
1.GP FOR PANCHAYAT RAJ RURAL DEV (AP)
2.GP FOR FINANCE PLANNING
The Court made the following:
Heard Sri Gorla Manasa, learned counsel for the petitioner, Sri
Venkata Narayana, learned Assistant Government Pleader for
Panchayat Raj and learned Assistant Government Pleader for Finance.
2. When the matter is taken up for consideration today, learned
Assistant Government Pleader on written instructions dated 27.03.2024
2
submitted that, the authorities have admitted to pay the legally entitled
amount as claimed by the petitioner and sought eight (08) weeks time
for such payment.
3. To the said submission, learned counsel for the petitioner
reported no objection.
4. Taking into consideration the submissions of both the
learned
counsel, as the authorities have an intention to pay the legally entitled
amount to the petitioner, there is no purpose in keeping
the writ petition
pending and this Court is inclined to dispose of the
writ petition with
the following direction.
The respondents are directed to release the legally
admitted/entitled amount to the petitioner at the earliest
and at any rate,
within a period of eight (08) weeks from the date of
receipt of copy of
this order.
However, with regard to interest is concerned the petitioner
is
at liberty to approach appropriate forum, if so advised.
5. Accordingly, the writ petition is disposed of. No costs.
Miscellaneous applications, pending if any, shall stand closed.
Sd/- M. SRINIVAS /
ASSISTANT] REGISTRAR
//TRUE COPY//
SEC
N OFFICER
To,
^ of^AP Development Department
, State
o n buildings Amaravati, Guntur District.
■ Secretary Finance Department State of Andhra
Pradesh,
Secretariat buildings Amaravati, Guntur District.
3. The Commissioner of Panchayat Raj and Rural development,
government of
Andhra Pradesh, Amaravati, Guntur District.
4. The District Collector ( PR Wing), Vijayawada, N.T.R.
District Previuslv
Krishna District.
5. The Superintendent Engineer, Panchayat Raj circle office,
Vijayawada, N T R
District.
6. The Executive Engineer, Panchayat Raj Division Nuzuvid,
Eluru District
Previusly Krishna District.
7. The Executive Engineer, Panchayat Raj Division Vijayawada,
N.T.R. District.
8. The Secretary, Union of India, Central Secretariat,
Secretariat buildings New
Delhi, India. ^
9. The Secretary, Gollamandhala Panchayat, Gollamandhala
Village, A.
Konduru Mandal, N.T.R. District, previusly Krishna
District.
10. One CC to M/s. Gorla Manasa, Advocate [OPUC]
Il.Two CCs to GP for Panchayat Raj Rural Development,
High Court of Andhra
Pradesh. [OUT]
Finance & Planning, High Court of Andhra Pradesh. [OUT]
13. One CC to Sri Jupudi V.K. Yagna Dutt, Central Govt.
Counsel (OPUC)
14. One CC to Sri N. Srihari, SC for Gram Panchayat
(OPUC)
15. Three C.D. Copies.
Cnr
HIGH COURT
DATED:28/03/2024
ORDER
WP.No.6499 of 2024
ro' OF /i
X
1P'\
Oi
m
HHO
‘V
DISPOSING OF THE W.P.
WITHOUT COSTS