Gangireddy Ramana Reddy Vs the State of Andhra Pradesh

¶1

K M K

¶2

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

¶3

FRIDAY, THE THIRD DAY OF JANUARY | TWO THOUSAND AND TWENTY FIVE \

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 28603 OF 2024

¶6

Between:

¶7

Gangireddy Ramana Reddy, S/o. G. Kondaiah, Aged about 50 Years, Obc Contractor, R/o. Malepadu Village, Ponnalur Mandal, Prakasam^District. ...PETITIONER

¶8

AND

¶9

The State of Andhra Pradesh, Rep. by its Principal Secretary, School Education Department, Secretariat, Velagapudi, Amaravathi,^Guntur

¶10

District.

¶11

The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat, Velagapudi, Amaravathi Guntur^District.

¶12

The District Collector, Ongole, Prakasam District.

¶13

The Commissioner of School Education and Ex-office Project Director, Samagara Shiksha, Ibrahimpatnam, Krishna District.

¶14

The State Project Director, A.P. Samagara Shiksha, High School Road, Patamata, Vijayawada, Andhra Pradesh 520010.

¶15

The Additional Project Co-Ordinators, A.P.Samagara Shiksha, Ongole, Prakasam District.

¶16

The Executive Engineer, A.P. Samagra Shikshan, Ongole, Prakasam District.

¶17

The Assistant Executive Engineer, A.P. Samagra Shikshan, Malepadu Village, Ponnalur Mandal Prakasam District.

¶18

The Principal/Head Master, KGBV, Malepadu Village, Ponnalur Mandal, Prakasam District

¶19

...RESPONDENTS

¶20

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 an order, writ or direction, more particularly one in the nature of Writ of Mandamus declaring the action of respondents in not releasing admitted bill amount of Rs.7,97,300/- out of 22,29.300/- for the works executed for construction of Additional Class Rooms in KGBV Malepadu Village, Ponnalur Mandal, Prakasam District under Mana Badi Nadu Nedu Phase-11,2022 civil works Samagra Siksha Abhyan centrally sponsored schemes and not releasing bill amount despite uploading in CFMS portal bill No 2024-512531,2024- 511377.2024-511856 and 2024655771 without any valid reason is illegal, irrational arbitrary and in violation of principles of natural justice and consequently direct^the respondents to release bill amount of Rs.7,97,300/- in view of uploading in CFMS portal bill Nos. 2024- 512531. 2024-511377. 2024-511856 and 2024-655771 to the petitioner with interest.

¶21

lA NO: 1 OF 2024

¶22

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 release bill amount of Rs.7,97,300/- in view of uploading in CFMS portal bill Nos. 2024-512531, 2024-511377, 2024-51185 and 2024-655771 to the petitioner with interest pending disposal of the above writ petition. Counsel for the Petitioner: SRI SHAIK MEERAVALI Counsel for the Respondent Nos.1,3 & 4: GP FOR SCHOOL EDUCATION Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING Counsel for the Respondent Nos.5 to 9: M/s. REVANURU SUDHA RANI, SC FOR SAMAGRA SHIKSHA

¶23

The Court made the following: ORDER

¶24

/

¶25

APHC010547312024

¶26

IN THE HIGH COURT OF ANDHRA PRADESH

n

AT AMARAVATI

[3330]

(Special Original Jurisdiction)

¶31

FRIDAY,THE THIRD DAY OF JANUARY

¶32

TWO THOUSAND AND TWENTY FIVE

¶33

PRESENT

¶34

THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

¶35

WRIT PETITION NO: 28603/2024

¶36

Between:

¶37

Gangireddy Ramana Reddy

¶38

...PETITIONER

¶39

AND

¶40

The State Of Andhra Pradesh and Others ...RESPONDENT(S)

¶41

Counsel for the Petitioner:

¶42

1.SHAIKMEERAVALI

¶43

Counsel for the Respondent(S):

¶44

1.REVANURU SUDHA RANI (SC FOR SAMAGRA SHIKSHA)

¶45

2.GP FOR SCHOOL EDUCATION

¶46

3.GP FOR FINANCE PLANNING

¶47

2

¶48

The Court made the following order:-

¶49

The present writ petition is filed challenging the action of respondents in not releasing admitted bill amount of Rs.7,97,300/- out of Rs.22,29,300/- for the works executed for construction of Additional Class Rooms in KGBV Malepadu Village, Ponnalur Mandal, Prakasam District, under Mana Badi Nadu Nedu Phase-ll,²⁰²² civil works Samagra Siksha Abhyan centrally sponsored schemes^andnot releasing bill amount despite uploading in CFMS portal bill No.2024512531,2024-511377, 2024-511856 and 2024-655771.

¶50

The learned Standing Counsel appearing on behalf of the respondents filed proceedings dated 31.12.2024 alluding that the works under MBNN Phase-ll were allotted to Panchayat Raj Department. The Executing Agency for execution of all^Mana Badi Nadu Nedu Phase-ll is Panchayat Raj Department. The^{billssubmitted} by the contractor for an amount of Rs.7,97,300/- were uploaded in CFMS Portal bill Nos.2024-512531, 2024-511377, 2024-511856^and 2024-655771. Whenever the bills get approval, the amount will be credited to the petitioner.

¶51

The respondents neither disputed the execution of works nor payment of the due amount. Therefore, the Writ Petition is disposed of, directing the respondents to release the due amount to the petitioner within a period of eight (08) weeks from the date of receipt of a copy of

¶52

3

¶53

this order. Failing which, the petitioner is entitled for interest at the rate of 6% per annum from the date of filing of the writ petition to till the date of realization of the amount. There shall be no order as to costs.

¶54

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

¶55

Sd/- N. NAGAMMA / ASSISTANT registrar/

//TRUE COPY//

To,

SECTION OFFICER