APHC010388702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331]

(Special Original Jurisdiction)

TUESDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 20050/2025 Between:

1. V EMULA LINGAIAH, S/O. SUDDAIAH, AGED ABOUT 58 YEARS, OCC CONTRACTOR, R/O.6-34, KAREMPUDI VILLAGE AND MANDAL, PALNADU DISTRICT, PINCODE 522614.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

2. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

3. T HE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT, NH16 SERVICE ROAD, TADEPALLI, GUNTUR DISTRICT.

4. T HE DISTRICT COLLECTOR, NARASARAOPET, PALNADU DISTRICT.

5. T HE EXECUTIVE ENGINEER, PRL DIVISION, NARASARAOPET, PALNADU DISTRICT.

6. T HE DEPUTY EXECUTIVE ENGINEER, PRI SUB DIVISION, MACHERLA, PALNADU DISTRICT.

7. T HE ASSISTANT EXECUTIVE ENGINEER, MP KAREMPUDI, KAREMPUDI MANDAL, PALNADU DISTRICT.

8. T HE PANCHAYAT SECRETARY, KAREMPUDI GRAM PANCHAYAT, KAREMPUDI MANDAL, PALNADU 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 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:

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 8^th 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 Admi