Yarlagadda Pradeep Chowdary vs The State of Andhra Pradesh

APHC010208792023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 10858/2023 Between: 1.

YARLAGADDA PRADEEP CHOWDARY, S/O.

VENKATESWARARAO, AGED 37 YEARS, CONTRACTOR,R/O.

H.

NO.

25-81A, R.R.PETA, NEAR TELEPHONE EXCHANGE, NUZVID TOWN, KRISHNA DISTRICT. ...PETITIONER AND 1.

THE STATE OF ANDHRA PRADESH, REP.

BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

2.

PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

3.

THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, NH -16, TADEPALLI, GUNTUR DISTRICT.

4.

THE DISTRICT COLLECTOR, ELURU (KRISHNA)AT ELURU.

5.

THE CHIEF ENGINEER, PRI, VIJAYAWADA.

6.

SUPERINTENDING ENGINEER, PR CIRCLE, ELURU.

2 7.

DISTRICT PANCHAYAT OFFICER, ELURU DISTRICT, ELURU.

8.

THE EXECUTIVE ENGINEER, PRI DIVISION, NUZVID,ELURU (KRISHNA)DISTRICT 9.

THE DEPUTY EXECUTIVE ENGINEER, PRI SUB-DIVISION, NUZVID, ELURU (KRISHNA) DISTRICT.

10.

THE ASSISTANT ENGINEER, PRI, NUZVID MANDAL PARISHAD, NUZVID, ELURU (KRISHNA) DISTRICT.

11.

MANDAL PARISHAD DEVELOPMENT OFFICER, NUZVID MANDAL, ELURU ( KRISHNA) DISTRICT.

12.

POTHUREDDYPALLI GRAMA PANCHAYAT, REP.BY ITS SECRETARY POTHUREDDIPALLI VILLAGE, NUZVID MANDAL, ELURU (KRISHNA) DISTRICT. ...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 respondents in not paying Rs.

24,399/- covered under FTO No.

8060518008973, Rs.

13,861 covered under FTO No.

8060518009258, Rs.

21,403 /- covered under FTO No.

8060518009264 and Rs.

64 and Rs.

24,462/- covered under FTO No.

8060518008964, and Rs.

3,28,602/- towards Grampanchayat Share / Convergence fund part of bills and 10percent withheld amounts in respect of works vide work ID Nos.

0670523150130- 80024, 0670523150130- 80031, 0670523150130-80033, 0670523150130- 80034, 0670523150130- 80036, 0670523150130- 80037, 0670523150130- 80041, 0670523150130-80042 0670523150130- 80043, 0670523150130- 80044 0670523150130- 80045 and 0670523150130- 80048, inspite of completing Social Audit and Quality Check, as illegal, arbitrary, malafidy, unjust, irrational and contrary to the principles of natural justice apart from being voilative of Articles 14 and 21 of the Constitution of India and consequentially direct the respondents to release and pay Rs.

24,462/- 3 covered under FTO No.

3,28,602/- towards Grampanchayat Share/Convergence fund part of bills and 10percent withheld amounts in respect of works vide work ID Nos.

0670523150130- 80024, 0670523150130- 80031, 0670523150130- 80033, 0670523150130- 80034, 0670523150130- 80036, 0670523150130- 80037, 0670523150130- 80041, 0670523150130- 80042 0670523150130-80043, 0670523150130- 80044, 0670523150130- 80045 and 0670523150130- 80048, in the interest of justice and pass IA NO: 1 OF 2023 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 to DIRECT the respondents to release and pay Rs.

24,399/- covered under F70 No.

21,403 /¬covered under FTO No.

24,462/-covered under FTO No.

3,28,602/-towards Grampanchayat Share / Convergence fund part of bills and 10% withheld amounts in respect of works vide work ID Nos. rk ID Nos.

0670523150130- 80024, 0670523150130- 80031, 0670523150130- 80033, 0670523150130- 80034, 0670523150130- 80036, 0670523150130- 80037, 0670523150130- 80041, 0670523150130- 80042 0670523150130- 80043, 0670523150130- 80044, 0670523150130- 80045 and 0670523150130- 80048, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1.

SREENIVASA RAO VELIVELA Counsel for the Respondent(S): 1.

GP FOR FINANCE PLANNING 2.

GP FOR PANCHAYAT RAJ RURAL DEV 3.

N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) The Court made the following: 4 ORDER: Non payment of bill amount for the works executed by the petitioner under various agreements, is the grievance of the petitioner.

Heard Sri Sreenivasa Rao Velivela, learned counsel for the petitioner, Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat and Smt.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj for the respondents.

Learned Standing Counsel on instructions submitted that the bill amounts, which are now claimed by the petitioner are admitted by the respondents and they are ready and willing to process the same and pay the amount, however, sought two months time for such payment.

To the said submission, learned counsel for the petitioner reported no objection.

Taking into consideration, the submissions of both the learned counsel, as the authorities are ready to pay the amount to the petitioner, this Court is inclined to dispose of the Writ Petition at admission stage.

Accordingly, the Writ Petition is disposed of.

The respondents are directed to release the admitted/legally entitled amount to the petitioner at the earliest and at any rate, within a period of two (02) months from the date of receipt of a copy of this order.

There shall be no order as to costs.

5 As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 05th December, 2025 RKS