Pipala Saibaba Vs the State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2025)

Pipala Saibaba Vs the State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Permission accorded to withdraw the Writ Petition; Writ Petition dismissed as withdrawn; no costs; miscellaneous petitions, if any, pending, stand closed. No payment or interest directed.

Issue for consideration

Whether the action of the respondents in withholding payment of Rs. 2,46,115/-, Rs. 62,146/-, Rs. 97,220/- and Rs. 39,600/- payable to the petitioner for four works executed in Ayyannapalem village, despite the bills having been finalized, is illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India, and whether payment with interest @12% per annum should be directed. (Raised in the prayer; not adjudicated, as the petition was withdrawn.)

Ratio / Principle

Permission as sought for is accorded to learned counsel for the petitioner to withdraw the Writ Petition.

Key takeaways

The Writ Petition is dismissed as withdrawn. No costs.ratio¶37
As a sequel, miscellaneous petitions, if any, pending shall stand closed.ratio¶39

Detailed headnote1 paragraphs

WRIT PETITION NO: 10500/2025 — High Court of Andhra Pradesh at Amaravati (Special Original Jurisdiction) — Venkateswarlu Nimmagadda, J. — 15.07.2025. The petitioner, who had executed four works in Ayyannapalem village, Bollapalli Mandal, Palnadu District (providing motor and borewell near Ramalayalam Temple; clearing Juliglora Jungle in O C Burial ground; construction of a Community Sanitary Complex; and providing motor at OHSR), filed this writ petition under Article 226 read with Articles 14 and 21 of the Constitution seeking a Writ of Mandamus declaring the respondents' withholding of payment of Rs. 2,46,115/-, Rs. 62,146/-, Rs. 97,220/- and Rs. 39,600/- — despite finalization of the bills — illegal and arbitrary, and praying for payment of the cumulative amounts with interest @12% per annum; an IA under Section 151 CPC accompanied the petition. At the hearing, learned counsel for the petitioner sought permission to withdraw the Writ Petition; permission was accorded and the Writ Petition was dismissed as withdrawn, with no costs; miscellaneous petitions, if any, pending, stand closed. No issue was adjudicated on merits.

APHC010201042025

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

[3329]

TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10500/2025

Between:

PIPALA SAIBABA, S/O VENKATESWARLU, AGED ABOUT 38 YEARS, R/O D.NO. 1-6B, AYYANNAPALEM, BOLLAPALLI MANDALAM, MAMPALEM, GUNTUR DISTRICT.

...PETITIONER

AND

THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETERIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, A.P.

THE DISTRICT COLLECTOR, DISTRICT COLLECTOR OFFICE, PALNADU DISTRICT, A.P.

THE DISTRICT PANCHAYAT OFFICER, PALNADU DISTRICT, A.P.

THE AYYANNAPALEM GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, AYYANNAPALEM VILLAGE, BOLLAPALLI MANDAL, PALNADU DISTRICT, A.P.

...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

2

pleased to pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payment of amount Rs. 2,46,115/-, Rs. 62,146, Rs. 97,220/- and Rs. 39,600/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1) Providing motor and borewell at near Ramalayalam Temple at Ayyannapalem village, Bollapalli Mandal, Palnadu District, A.P, 2) Clearing Juliglora Jungle in O C Burial ground at Ayyannapalem village, Bollapalli Mandal, Palnadu District, A.P, 3) Construction of Community Sanitary complex at CSC with one WC seat and two Urinals each for men and women at village secretariat at Ayyannapalem village, Bollapalli Mandal, Palnadu District, A.P and 4) Providing Motor at OHSR in Ayyannapalem village, Bollapalli Mandal, Palnadu District, A.P, for an amounts of Rs. 2,46,115/-, Rs. 62,146, Rs. 97,220/- and Rs. 39,600/- is waiting for fund clearance with respondents 1 to 5 as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India and consequently direct the respondents to forthwith consider for payment of the cumulative total amounts of Rs. 2,46,115/-, Rs. 62,146, Rs. 97,220/- and Rs. 39,600/with interest @12 percentage per annum for the delayed amount to the petitioner in respect of execution of above-mentioned works forthwith in terms of Agreement for 1) Providing motor and borewell at near Ramalayalam Temple at Ayyannapalem village, Bollapalli Mandal, Palnadu District, A.P, 2) Clearing Juliglora Jungle in O C Burial ground at Ayyannapalem village, Bollapalli Mandal, Palnadu District, A.P, 3) Construction of Community Sanitary complex at CSC with one WC seat and two Urinals each for men and women at village secretariat at Ayyannapalem village, Bollapalli Mandal, Palnadu District, A.P and 4) Providing Motor at OHSR in Ayyannapalem village, Bollapalli Mandal, Palnadu District, A.P, 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 pleased to direct the respondents to forthwith consider for payment of the cumulative total amounts of Rs. 2,46,115/-,Rs. 62,146, Rs. 97,220/- and Rs. 39,600/- with interest @12% per annum for the delayed amount to the petitioner in respect of execution of above-mentioned works forthwith in terms of Agreement for 1) "Providing motor and borewell at near Ramalayalam Temple at Ayyannapalem village, Bollapalli Mandal, Palnadu District, A.P”, 2) "Clearing Juliglora Jungle in O C Burial ground at Ayyannapalem village, Bollapalli Mandal, Palnadu District, A.P”, 3) "Construction of Community Sanitary complex at CSC with one WC seat and two Urinals each for men

3

and women at village secretariat at Ayyannapalem village, Bollapalli Mandal, Palnadu District, A.P” and 4) “Providing Motor at OHSR in Ayyannapalem village, Bollapalli Mandal, Palnadu District, A.P” and pass

Counsel for the Petitioner:

1.DASARI RAMAKOTESWAR RAO

Counsel for the Respondent(S):

1.GP FOR PANCHAYAT RAJ RURAL DEV

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

3.GP FOR FINANCE PLANNING

The Court made the following:

4

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 10500/2025

ORDER:

Learned counsel for the petitioner seeks permission of this Court

to withdraw the Writ Petition.

Permission as sought for is accorded. 3. Accordingly, the Writ Petition is dismissed as withdrawn. No

costs.

As a sequel, miscellaneous petitions, if any, pending shall stand closed.

________________________________ VENKATESWARLU NIMMAGADDA, J

15.07.2025 TPS

5

02

HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 10500/2025

15.07.2025 TPS