Writ petition challenging non-payment of bills for works executed in Panchayat Raj Engineering Department. Court directed respondents to pay the admitted bill amount of Rs.8,62,217/- within one month, disposing of the petition.
Directed respondents to pay Rs.8,62,217/- within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATL
(Special Original Jurisdiction)
TUESDAY, THE FIFTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
HONOURABLE SRI JUSTICE B KRISHNA MOHAN
WRIT PETITION NO: 13181 OF 2024
Between:
Bolla Kiran Kumar, S/o. Rambabu, Aged 31 years, R/o. D.No.1/49-1 Ullipalem, Pothepalli, Krishna District.
...PETITIONER
AND
(R6 is impleaded as per the Court Order dt.01.10.2024videorders passed in I.A.No.02 of 2024.)
...RESPONDENTS - Petition under Article 22§ of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ or order or a direction more particularly one in the nature of writ of MANDAMUS declaring the action of
the respondents in not releasing the bills payment of Rs.8,06,827(Rs.4,03,389 + 4,03,438) for 2 works respectively vide 1). Agt.No. /2023-24, Dt.07.03.2024 for execution of works for Providing Road from Singaraju Ramesh Reddy field to Manthrala Venkateswaulu field of Nandigama Village of Pedana Mandal and 2). Agt.No. /2023-24 Dt.07.03.2024forexecutionof work for Providing Road from R and B Road to Singaraju Ramesh Reddy field of Nandigama Village of Pedana Mandal, payable to the petitioner after successful completion of the execution of works in Panchayat Raj Engineering Department, Nandigama Village, Pedana Mandal, Krishna District, as is illegal, arbitrary and violative of Articl^14, 21 and 300-A of the Constitution of India and also violative of principles of natural justice, consequently direct the respondents to pay the admitted bills amount of Rs.8,06,827- (Rs.4,03,389 + 4,03,438) for 2 works respectively,duetothe petitioner in respect of execution of works forthwith interest of 18%. -- lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased direct the respondents to release the admitted bills amount of Rs.8,06,827- (Rs.4,03,389+4,03,438) for 2 works respectively,due to the petitioner in respect of execution of works vide 1). Agt.No. /2023-24, Dt.07.03.2024 for execution of works for “Providing Road from Singaraj u Ramesh Reddy field to Manthrala Venkateswaulu field of Nandigama Village of Pedana Mandal and 2). Agt.No. /2023-24 Dt.07.03.2024 for execution of work for “ Providing Road from R&B Road to Singaraju Ramesh Reddy field of Nandigama Village of Pedana Mandal, payable to the petitioner after successful completion of the execution of works in Panchayat Raj Engineering Department, Nandigama Village, Pedana Mandal, Krishna District, immediately, pending disposal of the main writ petition.
4
Counsel for the Petitioner: SRI BATTULA SANJAIAH GANDHI^ Counsel for the Respondent Nos.1,3 & 4: GP FOR PANCHAYAT RAOA
RURAL DEVELOPMENT
Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING ^ Counsel for the Respondent No.5: SRI Y. KOTESWARA RAO, SC FOR
ZPP, MPP & GRAM PANCHAYAT
Counsel for the Respondent No.6: GP FOR MINES & GEOLOGY The Court made the following: ORDER
APHC010262442024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
[3233]
(Special Original Jurisdiction)
TUESDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
WRIT PETITION NO: 13181/2024
Between:
Bella Kiran Kumar,
...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1.BATTULA SANJAIAH GANDHI
Counsel for the Respondent(S):
1.GP FOR PANCHAYAT RAJ RURAL DEV
2.Yarraguntla.Koteswara Rao,Standing Counsel For ZillaPraja Parishads,Mandal Praja Parishads and Gra
3.GP FOR FINANCE PLANNING
f
The Court made the following Order:
-Heard the learned counsel for the petitioner and thelearned Assistant Government Pleader appearing for the respondents.
of the 2. This writ petition is filed questioning the action releasing the bills payment of Rs.8,06,827/respondents in not (Rs.4,03,389/-+Rs.4,03,438/-) for 2 works respectively,vide1)Agt.No. /2023-24, Dt. 07.03.2024 for execution of works for“ProvidingRoad from Singaraju Ramesh Reddy field to Manthrala Venkateswaulu field of Nandigama Village of Pedana Mandal and 2) Agt. No./2023-24 Dt.07.03.2024 for execution of work for “ProvidingRoadfromR&B Road to Singaraju Ramesh Reddy field of Nandigama Village of Pedana Mandal, payable to the petitioner after successfulcompletion of the execution of works in Panchayat Raj EngineeringDepartment, Nandigama Village, Pedana Mandal, Krishna District.
\
3
- Accordingly, the writ petition is disposed of. Thereshallbeno order as to costs.
As a sequel. Miscellaneous Petitions pending, if any, shall stand closed.
Sd/- M.RAMESH BABU DEPUTY REGISTRAR
//TRUE COPY//
Panchayat[OPUC]
f
\ Amaravati[OUT]
ssb
r \ I
’ ^
HIGH COURT
DATED:05/11/2024
/ ✓
ORDER
o ov
3; 2 3 NOV 202“! m i!
IS
¥05/2
^ Current Section ^ !5V
WP.No.13181 of 2024
DISPOSING OF THE W.P. WITHOUT COSTS
1 issue framed by the court
Whether the respondents are legally obligated to release the payment for works successfully completed by the petitioner?
2 provisions across 2 enactments
Bolla Kiran Kumar
The State of Andhra Pradesh
The District Collector, Machilipatnam
The Executive Engineer, PRI Division, Machilipatnam
The Gramapanchayat, Nandigama
The District Mines and Geology Officer, Krishna
B Krishna Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
