APHC010506372024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331]

(Special Original Jurisdiction)

MONDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 26402/2024 Between:

1. B ONU UMA MAHESWARA RAO, BONU UMA MAHESWARA RAO S/O. LATE SATYANARAYANA, AGED 47 YEARS, OCC CONTRACTOR, R/O. D.NO. 10-281, FLAT NO. 301, VIJAYA BHASKARA RESIDENCY, VISALAKSHI NAGAR, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATHI, GUNTUR DISTRICT

2. S TATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT

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

4. T HE ENGINEERINCHIEF PANCHAYAT RAJ, , Z.P.COMPOUND, OPPOSITE TO PWD GROUNDS, M.G.ROAD, VIJAYAWADA.

5. T HE DIRECTOR OF WORKS AND ACCOUNT OFFICER, . NIDHI BHAVAN, MANGALAGIRI IT PARK, BEHIND APIIC BUILDING, MANGALAGIRI, GUNTUR DISTRICT.

6. T HE DISTRICT COLLECTOR, , ANAKAPALLI DISTRICT, ANAKAPALLI.

7. S UPERINTENDING ENGINEER, PANCHAYAT RAJ CIRCLE, VISAKHAPATNAM. VISAKHAPATNAM DISTRIC

8. E XECUTIVE ENGINEER, PANCHAYAT RAJ (PRI) DIVISION, ANAKAPALLI, ANAKAPALLI DISTRIC

9. T HE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS DEPARTMENT, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM.

...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 or any other appropriate writ or direction declaring the action of the respondents in withholding the payment of balance of Rs. 24,57,644/- even after finalizing the bills, payable to the petitioner in relation to the work i.e.. Construction of Meeting hall at Bheemili Mandal Praja Parishad Office at Bheemili of Visakhapatnam District through the Agreement No./2022-23, dated 16-11-2022 for an amount of Rs. 24,57,644/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondents to consider for payment of amount of Rs. 24,57,644/- to the petitioner in respect of execution of above- mentioned work forthwith and pass IA NO: 1 OF 2024 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 prayed that this Honble court may be pleased to direct the respondents to consider for payment for an amount of Rs. 24,57,644/- to the petitioner in respect of execution of work i.e.. Construction of Meeting hall at Bheemili Mandal Praja Parishad Office at Bheemili of Visakhapatnam District through the Agreement No./2022-23, dated 16-11-2022 for an amount of Rs.

24,57,644/- forthwith pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV

2. GP FOR REVENUE

3. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra

4. GP FOR FINANCE PLANNING The Court made the following:

::ORDER ::

Heard Sri Rambau Koppineedi, learned counsel for the petitioner and Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development, Finance and Planning for the respondents.

2. The above writ petition was filed to declare the action of the respondents in withholding the amount of Rs.24,57,644/- in relation to the work executed by the petitioner i.e., Construction of Meeting Hall at Bheemili Mandal Praja Parishad Office at Bheemili, Visakhapatnam District vide Agreement No…/2022-23 dated 16.11.2022, as illegal and arbitrary.

3. Today, when the matter is taken up for considera