Abotula Ramana Vs the State of Andhra Pradesh

The State of Andhra Pradesh, Rep. by its Principal Secretary Finance Department, Secretariat Buildings, Velagapudi Thullur Mandal, Amaravati, Guntur District, AP.

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The Andhra Pradesh Sarva, Siksha Abhiyan Society, Rep. by its State Project Director, Patamata, Vijayawada, Andhra Pradesh 520010

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The Andhra Pradesh Sarva, Siksha Abhiyan, Srikakulam Rep. by its Project Officer, Visakha Colony, Srikakulam, Andhra Pradesh-532001

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The Executive Engineer, Andhra Pradesh Sarva Siksha Abhiyan,

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Srikakulam, Engineering Wing Visakha Colony, Srikakulam Andhra Pradesh-532001

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The Assistant Engineer, Andhra Pradesh Sarva Siksha Abhiyan,

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Srikakulam, Engineering Wing, Visakha Colony, Srikakulam Andhra Pradesh-532001.

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The Deputy Executive Engineer, Andhra Pradesh Sarva Siksha

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Abhiyan Sub Division Srikakulam, Engineering Wing _, Visakha Colony,

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Srikakulam, Andhra Pradesh-532001.

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The Site Engineer Andhra Pradesh Sarva Siksha Abhiyan Section

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Andhra

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...Respondents

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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 more particular one in nature of WRIT OF mandamus or any appropriate writ order orders directions interalia declaring the inaction of Respondents Of Rs. 1234708/- for executed works ofofConstructionreleasing theofadmittedCC Drainbill atamountsKGBV Ratam as illegal arbitrary unjust and violative of Articles 14 19 1 h release the admitted to bill amounts Rs. - 1234708/for executed works of Construction of CC Drain at KGBV, Rajam of along with interest due forthwith.

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jA NO: 1 OF 9not:

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Petition under Section 151 ppr* ..e affidavit filed in support of the petitioMh:^h may be pleased to direct the Respondents herein to release the bill amounts for works executed summing up to Rs. 12,34,708/- forthwith.

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Counsel for the Petitioner;

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Counsel for the Petitioner; SRI ANAND NAIDU MAMIDI Counsel for the Respondent No.1: GP FOR SCHOOL EDUCATION Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING Counsel for the Respondent Nos. 3 to 8: — The Court made the following order:

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APHC010339882025

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

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FRIDAY, THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

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WRIT PETITION NO: 17313 OF 2025

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Between:

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ABOTULA RAMANA, S/o Simhadri Naidu, aged 50 years,^R/o 0-00, Main Road, Anthakapalli, Rajam Mandal, Vizianagaram District, Andhra Pradesh - 532127

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...Petitioner

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AND

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THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Department of School Education, Secretariat Buildings, Velagapudi, Thullur Mandal, Amaravati, Guntur District, AP. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Thullur Mandal, Amaravati, Guntur District, AP. 3. The Andhra Pradesh Sarva, Siksha Abhiyan Society, Rep. by its State Project Director, Patamata, Vijayawada, Andhra Pradesh 520010 4. The Andhra Pradesh Sarva, Siksha Abhiyan, Srikakulam, Rep. by its Project Officer, Visakha Colony, Srikakulam, Andhra Pradesh-532001 5. The Executive Engineer, Andhra Pradesh Sarva Siksha Abhiyan, Srikakulam, Engineering Wing Visakha Colony, Srikakulam, Andhra Pradesh-532001 6. The Assistant Engineer, Andhra Pradesh Sarva Siksha Abhiyan, Srikakulam, Engineering Wing, Visakha Colony, Srikakulam, Andhra Pradesh-532001.

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SRK, J WP No. 17313 of 2025 2

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)

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The Deputy Executive Engineer, Andhra Pradesh Sarva Siksha Abhiyan Sub Division Srikakulam, Engineering Wing, Visakha Colony, Srikakulam, Andhra Pradesh-532001. 8. The Site Engineer, Andhra Pradesh Sarva Siksha Abhiyan Section Srikakulam, Engineering Wing, Visakha Colony, Srikakulam, Andhra Pradesh-532001.

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...Respondents

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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 more particular^onein nature of WRIT OF MANDAMUS or any appropriate writ^order orders directions inter alia declaring the inaction of Respondents of releasing the admitted bill amounts of Rs. 12,34,708/for executed works of Construction of CC Drain at KGBV Rajam as illegal arbitrary unjust and violative of Articles 14 19(1)(g) and 21 of the Constitution of India and consequently direct the Respondents to release the admitted bill amounts Rs. 12,34,708/for executed works of Construction of CC Drain at KGBV Rajam of along with interest due forthwith.

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Counsel for the Petitioner: ANAND NAIDU MAMIDI

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Counsel for the Respondents: GP FOR SCHOOL EDUCATION

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Counsel for the Respondents: GP FOR FINANCE PLANNING

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SRK, J WP No.l7313of 2025

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3

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The Court made the following ORDER:

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This Writ Petition has been filed seeking to declare^the action of the respondents in not releasing the admitted bill amounts of Rs. 12,34,708/to the petitioner in relation to the execution of works i.e., construction of CC Drain at Kasturba Gandhi Balika Vidyalaya (KGBV), at Rajam Mandal, as illegal and arbitrary and consequently direct the respondents to^releasethe said amount due to the petitioner in respect of execution^ofafore mentioned works forthwith. 2. Case of the petitioner is that on 26.12.2017, he entered^into an agreement with 5^^ respondent for construction of^CCdrainin Kasturba Gandhi Balika Vidyalaya (KGBV), at Rajam Mandal with an estimated cost of Rs. 14,50,000/-. Subsequently petitioner completed the works within the prescribed^timewithout any remarks. Having satisfied with the works done by the petitioner, 5^^ respondent recorded the total bill amount of Rs. 12,34,708/in M-Book No.216-A. But, so far the same^has not been paid to the petitioner. Hence, he filed the present Writ Petition.

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Today, when the matter came up for admission, learned counsel for the petitioner submits that the subject^matterofthis Writ Petition is squarely covered by the orders of this Court

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f

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SRK, J WP No.17313 of 2025 4

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passed in WP No.29077 of 2018, dated 16.08.2018, wherein this Court directed the respondents therein to verify and quantify the amounts due to the petitioner therein in terms of the works admittedly executed and such undisputed amounts, if any, shall be paid to the petitioner within eight (8) weeks from the date of receipt of a copy of the order.

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On the other hand, learned Assistant Government Pleader, on written instructions, submitted that the total value of the work recorded as per M-Book No.261-A for Rs. 12,34,708/is admittable and the same shall be raised in the CFMS shortly. 5. In view of the aforesaid facts and circumstances and as there is no dispute with regard to the execution of work and amount due to the petitioner, the respondents are directed to release the admitted bill amount of Rs. 12,34,708/(Rupees twelve lakhs thirty four thousand seven hundred and eight only) to the petitioner within a period of six (6) weeks from the date of receipt of a copy of this order, failing which, the Writ Petitioner^is entitled to claim interest @ 6% per annum from the date of order till the date of realization. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

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SRK, J 5 WP No.l7313of2025

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y

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As a sequel thereto, the miscellaneous petitions, if any.

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pending in this Writ Petition shall stand closed.

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Sd/- P.VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY//

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SECTION OFFICER

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To,

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The Principal Secretary, Department of School Education Secretariat Buildings, Velagapudi, Thullur Mandal, Amaravati, Guntur District, AP.

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The Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Thullur Mandal, Amaravati, Guntur District,^AP.

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The State Project Director, Andhra Pradesh Sarva, Siksha Abhiyan Society, Patamata, Vijayawada, Andhra Pradesh 520010

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The Project. Officer, Andhra Pradesh Sarva, Siksha Abhiyan,

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Srikakulam, Visakha Colony, Srikakulam, Andhra Pradesh-532001

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The Executive Engineer, Andhra Pradesh Sarva Siksha Abhiyan,

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Srikakulam, Engineering Wing Visakha Colony, Srikakulam Andhra Pradesh-532001

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The Assistant Engineer, Andhra Pradesh Sarva Siksha Abhiyan,

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Srikakulam, Engineering Wing, Visakha Colony, Srikakulam Andhra Pradesh-532001.

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The Deputy Executive Engineer, Andhra Pradesh Sarva Siksha Abhiyan Sub Division Srikakulam, Engineering Wing, Visakha Colony, Srikakulam, Andhra Pradesh-532001.

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