Allowed

Jampu Kanakasena Rao v. The State of Andhra Pradesh

Andhra Pradesh HC4 Nov 2024WP/17720/2024

Case brief

AI extract

What is this about?

The High Court of Andhra Pradesh entertained a writ petition challenging the withholding of work deposit payments by government departments. The Court directed the respondents to pay the balance amount of Rs. 3,72,483/- to the petitioner within one month.

What did the court decide?

The respondents are directed to pay Rs. 3,72,483/- to the petitioner within one month.

Jampu Kanakasena Rao Vs The State of Andhra Pradesh — Andhra Pradesh HC (2024) — LawSathi Research

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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TUESDAY ,THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

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WRIT PETITION NO: 17720 OF 2024

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Between:

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Jampu Kanakasena Rao, S/o. Adi Seshu, aged 43 years,^Rio.D.No.2- 13, Anamanamuru Village, Prakasam District-523212.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj AND Rural Development Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

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The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Finance AND Planning. Secretariat Buildings,

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Velagapudi, Amaravathi, Guntur District.

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The Commissioner, Panchayat Raj AND Rural Development Department, Near Pratur Cross Road, Tadepalli, Guntur^District.

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The Engineer-in-Chief, Panchayat Raj Department, 0pp.^PWD Grounds, Vijayawada.

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The Collector and District Magistrate, . Bapatia District, Bapatla.

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The Executive Engineer, PRI AND PIU Division, Bapatla.

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The Korisapadu Grama Panchayat, Rep. by its Panchayat^Secretary, Anamanamuru (V), Korisapadu (M).

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The Rachapudi Grama Panchayat, Rep. by its Panchayat^Secretary, Tammavaram (V), Korisapadu (M).

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The Rachapudi Grama Panchayat, Rep. by its Panchayat^Secretary, Timmanapalem (V), Korisapadu (M).

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The Rachapudi Grama Panchayat, Rep. by its Panchayat Secretary, Bollavarappadu (V), Korisapadu (M).

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The Rachapudi Grama Panchayat, Rep. by its Panchayat Secretary, P. Gudipadu (V), Korisapadu (M).

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The Kurravanipalem Grama Panchayat, Rep. by its Panchayat Secretary, Yarrabalem (V), Korisapadu (M).

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The Ravinuthala Grama Panchayat, Rep. by its Panchayat Secretary, Daivalaravuru (V), Korisapadu (M).

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith,^{theHighCourtmay} be pleased to issue a writ order or direction, more^{particularlyone} in the nature of Writ of Mandamus, declaring the action of^{therespondents} in withholding the deposits payments of Rs. 3,72,483/-^{(RupeesThreeLakhs} Seventy-Two Thousand Four Hundred and Eighty-Three^{Only)fortheworks} executed by the petitioner as bad, illegal, arbitrary,^{improper,unjustand} against the Article 21 of Constitution of India and^{consequentlydirectthe} respondents to pay the deposits amounts of Rs 3,72,483/-^(RupeesThree Lakhs Seventy-Two Thousand Four Hundred and Eighty-Three Only) payable to the petitioner for the works executed by^{thepetitioner.}

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lA NO: 1 OF 2024

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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 consider the representation of the petitioner, dated 05/04/2024, for releasing the amounts payable to the petitioner, pending disposal of the writ petition.

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Counsel for the Petitioner(s): SRI. BANDLA PAVAN

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Counsel for the Respondent Nos.1,3,4,5,6: GP FOR PANCHAYAT^RAJ RURAL DEV

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Counsel for the Respondent No.2: GP FOR FINANCE AND^PLANNING

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Counsel for the Respondent Nos.7 to 13: NONE APPEARED

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The Court made the following: ORDER

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APHC010345912024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3233]

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(Special Original Jurisdiction)

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TUESDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

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WRIT PETITION NO: 17720/2024

Between:

Jampu Kanakasena Rao

...PETITIONER

AND

The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.BANDLA PAVAN

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Counsel for the Respondent(S):

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1.GP FOR PANCHAYAT RAJ RURAL DEV

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

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3.GP FOR FINANCE PLANNING

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The Court made the following Order;

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Heard the learned counsel for the petitioner and the learned Assistant Government Pleader appearing for the respondents,

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the action of the 2. This writ petition is filed questioning respondents in withholding the deposits payments of Rs.3,72,483/Lakhs Seventy Two Thousand Four Hundred and (Rupees Three Eighty Three Only) for the works executed by the petitioner.

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the learned Assistant Government 3. On the other hand Pleader appearing for the respondents, relying upon the written th instructions of the 6 respondent dated 02.11.2024, submits that the balance amount of Rs.3,72,483/- will be paid to the petitioner in due course.

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said facts and circumstances, the 4. In view of the above the balance amount of Rs.3,72,483/respondents are directed to pay to the petitioner by complying with all the formalities, as expeditiously from the as possible, preferably, within a period of one (1) month th date of receipt of this order. The written instructions of the 6 respondent dated 02.11.2024 shall be made as part of the court record.

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Accordingly, the writ petition is disposed of. There^shallbeno order as to costs.

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As a sequel, Miscellaneous Petitions pending, if any, shall

stand closed.

To,

SD/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SEC■|<ia^OFFTCER

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The Principal Secretary, Panchayat Raj AND Rural^Development Department, Secretariat Buildings, Velagapudi, Amaravathi,^Guntur

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District.

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The Principal Secretary, Department of Finance AND^Planning. Secretariat Buildings, Velagapudi, Amaravathi, Guntur^District.

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The Commissioner, Panchayat Raj AND Rural Development Department, Near Pratur Cross Road, Tadepalli, Guntur^District.

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The Engineer-in-Chief, Panchayat Raj Department,^Opp.PWD Grounds, Vijayawada.

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The Collector and District Magistrate, Bapatia^{District,Bapatla.}

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The Executive Engineer, PRI AND PIU Division, Bapatla.

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The Panchayat Secretary, Korisapadu Grama Panchayat, Anamanamuru (V), Korisapadu (M).

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The Panchayat Secretary, Rachapudi Grama Panchayat,^Tammavaram (V), Korisapadu (M).

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The Panchayat Secretary, Rachapudi Grama Panchayat, Timmanapalem (V), Korisapadu (M).

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lO.The Panchayat Secretary, Rachapudi Grama Panchayat, Bollavarappadu (V), Korisapadu (M).

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11.The Panchayat Secretary, Rachapudi Grama Panchayat,^Gudipadu(V), Korisapadu (M).

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12.The Panchayat Secretary, Kurravanipalem Grama Panchayat, Yarrabalem (V), Korisapadu (M).

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13.The Panchayat Secretary, Ravinuthala Grama Panchayat,

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Daivalaravuru (V), Korisapadu (M).

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14.One CC to Sri. Bandia Pavan, Advocate [OPUC]

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15.TW0 CCs to GP FOR Panchayat Raj Rural Dev ,High^{CourtOfAndhra} Pradesh. [OUT]

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16.0ne CC to Sri M Sudhir, SC for ZPP, MPP,Gram Panchayat^[OPUC], 17.0ne CC to GP For Finance and Planning, High Court^ofAndhra Pradesh [OUT],

18.Three CD Copies

-I#**

HIGH COURT

DATED:05/11/2024

ORDER

WP.No.17720 of 2024

t 9 NCV 2C?i
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^ . Current Section ^
£fSPATCtr'^S^'^

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DISPOSING OF THE WP WITHOUT COSTS

Jampu Kanakasena Rao v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Jampu Kanakasena Rao v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

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