ORAL JUDGMENT

Dt: 25.04.2022

(per Prashant Kumar Mishra, CJ)

I.A.No.1 of 2022 is an application for grant of leave to the applicant, namely, Manda Suri Babu, who claims to be the Sarpanch of Elchuru Gram Panchayat, Santhamaguluru Mandal, Prakasam District, to prefer the appeal against the order dated 05.11.2021 passed by the learned single Judge in W.P.No.25651 of 2021. The said writ petition was filed by the 1st respondent herein questioning the action of the respondent authorities in not releasing an amount of Rs.20,16,501/- for the works executed in Elchuru Village and Gram Panchayat and for a consequential direction to release the said amount along with 12% interest from the date of due till realization. The learned single Judge observed that the issue raised in the writ petition is squarely covered by the order passed in the batch of cases vide Rayapureddy Srinivasa Rao and others v. Government of Andhra Pradesh (2021 SCC OnLine AP 3084) and, accordingly, following the said order, allowed the writ petition with the directions as under: “i) The Memo No.1263069/RD.II/A1/2020, dated 05.11.2020 and the Memo No.1388361/RD.II/A1/2020, dated 12.05.2021 issued by the Respondent No.1 are set aside to the extent of deduction of 21.02% for DCC works and 6.333% for MCC works while making payment to the petitioner.

ii) The respondents are directed to clear the bills submitted by the petitioner and to release payment forthwith, in case no payment is made till date.

iii) In case, any part payment is made as on date, the remaining amount shall be paid to the petitioner forthwith.

iv) The respondents shall pay interest @ 12% per annum within a period of four (4) weeks from the date of receipt of a copy of this order.

v) The interest shall be computed from the date of expiry of one month from the date of submission of the bill by the petitioner to till the date of final payment.”

2. The appellant seeks to file the present appeal in the capacity of Sarpanch of Gram Panchayat. It is to be noted that the writ has not been issued against the Sarpanch of Gram Panchayat. It is also to be noted that the State Government has already taken steps to prefer appeals against the order passed in the batch of cases referred to supra, which was the basis for passing the order under appeal, and the appeals so preferred are pending consideration. In these circumstances, we do not find any substance in the contention that the applicant, being the Sarpanch of the Gram Panchayat, wants to save the State exchequer for being responsible to make the payments directed by the writ Court. Even otherwise, Sarpanch is not the body corporate and the amounts do not belong to the Sarpanch of the Gram Panchayat. Therefore, we are of the considered opinion that this is not a fit case to grant leave to the applicant to prefer the appeal.

3. Accordingly, I.A.No.1 of 2022 is dismissed and consequently, the writ appeal stands rejected. Other pending miscellaneous applications, if any, shall stand closed. No costs.

PRASHANT KUMAR MISHRA, CJ M. SATYANARAYANA MURTHY, J IBL