APHC010388702025

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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amounts of Rs. 1,99,943/- vide M Book No. 389-A/Sarpanch/2017-18 (Page No.85), even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Construction of CC Drains and CC Road from Bathula Musalaiah (H) to Kommera Siva Sankar (H) - BIT-3 at Karempudi (V and M), vide Administrative Santion No. GP RC No. 60(iii)/2022-23, dated 26.09.2022 of the GP, Karempudi, under 15th Finance Grant is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs. 1,99,943/- vide M Book No. 389-A/Sarpanch/2017-18 (Page No.85) with interest @24 percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass

IA NO: 1 OF 2025

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 pay for payment of amount of Rs. 1,99,943/- vide M Book No. 389-A/Sarpanch/2017-18 (Page No.85) with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Construction of CC Drains and CC Road from Bathula Musalaiah (H) to Kommera Siva Sankar (H) - BIT-3 at Karempudi (V&M), vide Administrative Santion No. GP RC No. 60(iii)/2022-23, dated 26.09.2022 of the GP, Karempudi, under 15th Finance Grant, forthwith, pending disposal of the Writ petition and pass

Counsel for the Petitioner:

1. MODAPOTHULA SUMALATHA

Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV

2. GP FOR FINANCE PLANNING

3. Mattegunta.Sudhir, Standing Counsel For Z.P.Ps, M.P.Ps, Gram Panchayats

The Court made the following order:

1. Heard Ms. D.Madhavi, learned counsel representing Smt. Modapothula Sumalatha, learned counsel for the petitioner, Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for the respondents 1 to 7 and Ms. Kavitha, learned counsel representing Sri M.Sudhir, learned Standing counsel for the 8th respondent.

2. The above writ petition was filed to declare the action of the respondents in not paying the amount payable to the petitioner, to a tune of Rs.1,99,943/- in relation to the work i.e., Construction of CC drains and CC road from Bathula Musalaiah house to Kommera Siva Sankar house – Bit-3 at Karempudi Village and Mandal vide M.Book No.389-A/Sarpanch/2017-18 vide Administrative Sanction No.GP RC NO.60(iii)/2022-23 dated 26.09.2022 of the Gram Panchayat, Karempudi, under 15th Finance Grant , as illegal and arbitrary.

3. Ms. Kavitha, learned counsel representing Sri M.Sudhir, learned Standing counsel for the 8th respondent submitted instructions of the Panchayat Secretary, Karempudi Gram Panchayat, Karempudi Mandal, Palnadu District – 8th respondent.

4. As seen from the instructions, the total value of the work done by the petitioner in relation to the aforementioned works is Rs.1,99,943/-. After QC recovery of Rs.4,838/-, the balance amount payable to the petitioner comes to Rs.1,95,104/-.

5. In reply, Ms. D.Madhavi, learned counsel representing Smt. Modapothula Sumalatha, learned counsel for the petitioner, endorses that the amount payable to the petitioner is Rs.1,95,104/-.

6. Thus, as seen from the instructions and the submission of learned counsel on either side, there is no dispute regarding the amount of Rs.1,95,104/- payable to the petitioner. Since the amount payable is admitted and undisputed, the writ petition is maintainable. In M/s Utkal Highways Engineers and Contractors v. Chief General Manager & Ors, 2025 SCC online SC 1400, it was held at Para No.8 as under: