Karuturi Srinivasa Rao v. The State of Andhra Pradesh, Rep., by its Principal Secretary, Department

the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate Writ, order or direction more particularly of the action writ of mandamus declaring m the nature of Respondents in not releasing an amount of Rs.20,56,475/- (Rupees Twenty Lakhs Fifty Six Thousand Four Hundred - and Seventy Five Only) to the petitioner in respect of execution of works by the petitioner i.e.. Formation of Gravel Roads, Improvement of Class Rooms in 2PHS and Barbed Wire Fencing to Compound of ZPHS under the grant of 14th and 15th Finance Commission and Gram Panchayat Funds within the limits of Ankampalem Gram Panchayat of Atreyapuram Mandal in Dr. B R Ambedkar Konaseema District for the year 2020-2021 as illegal, irregular, irrational, violative of provisions of National Rural Employment Guarantee Scheme Act Andhra Pradesh Panchayat Raj Act, 1994 and violative Articles 14 and 21 of Constitution of the respondents to release the Lakhs Fifty Six Thousand Four Hundred in the Measurement Books to the petitioner for the the petitioner. India and consequently direct amount of Rs.20,56,475/- (Rupees Twenty and Seventy Five Only) mentioned rules framed thereunder and said works executed by , 2005 and lA NO: 1 OF 2024 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 the amount of Rs.20,56,475/- (Rupees Twenty Lakhs Fifty Six Thousand Four Hundred and Seventy Five Only) mentioned in the Measurement Books to the petitioner in respect of the execution of works i.e.. Formation of Gravel Roads, Improvement of Class Rooms in ZPHS and Barbed Wire Fencing to Compound of ZPHS within the limits of Ankampalem Gram Panchayat of Atreyapuram Mandal in Dr. B R Ambedkar Konaseema District for the year 2020-2021 forthwith, pending disposal of the main writ petition. Counsel for the Petitioner: SRI T. V. S. PRABHAKARA RAO Counsel for the Respondent Nos.1, 3 to 7: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent No.2: GP FOR FINANCE AND PLANNING Counsel for the Respondent Nos.8 & 9: SRI YARRAGUNTLA KOTESWARA RAO, SC FOR ZPP, MPP & GRAM PANCHAYAT Counsel for the Respondent Nos.10 & 11: SRI PASALA PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA The Court made the following: ORDER APHC010342182024 r IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 17903/2024 Between: Karuturi Srinivasa Rao, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1 .T V S PRABHAKARA RAO Counsel for the Respondent(S):

1.GP FOR PANCHAYAT RAJ RURAL DEV

2.Yarraguntla Koteswara Rao, Standing Counsel For Zilla Praja Parishads, Mandal Praja Parishads and Gra

3.GP FOR FINANCE PLANNING The Court made the following Order: No representation for the petitioner.

2. Heard the learned Assistant Government Pleader and the learned Government Pleader for Gram Panchayat appearing for the respondents.

3. This writ petition is filed questioning the action of the respondents in not releasing an amount of Rs.20,56,475/- (Rupees Twenty Lakhs Fifty Six Thousand Four Hundred and Seventy Five only) to the petitioner in respect of 2 execution of works by the petitioner i.e., Formation of Gravel Roads, Improvement of Class Rooms in ZPHS under the grant of 14**^ & 15*^ Finance Commission and Gram Panchayat Funds within the limits of Ankampalem Gram Panchayat of Atreyapuram Mandal in Dr.B.R.Ambedkar Konaseema District for the year 2020-2021.

4. On the hand, learned Assistant Government Pleader appearing for the respondents, relying upon the written instructions of the 6"^ respondent dated 20.08.2024, submits that the balance amount of Rs.20,56,475/- will be paid to the petitioner in due course. He also further submits that the respondent Nos.8 & 9 have to make the payment.

5. In view of the above said facts and circumstances, the respondents directed to pay the bill amount of Rs.20,56,475/- to the petitioner by complying with all the formalities, as expeditiously as possible, preferably within a period of two (2) months from the date of receipt of this order. The written instructions of the 6*^ respondent dated 20.08.2024 shall be made part of the court record.

6. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel. Miscellaneous Petitions pending, if any, shall stand closed. / / To, //TRUE COPY// SD/- SHAIK MOHD.KAFI ASSISTANT REGISTRAR SECTION OFFICER

1. The Principal Secretary, Department of Panchayat Raj and Rural Development, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.

2. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.

3. The Commissioner, A.P., Panchayat Raj and Rural Development Department, NH -16 Tadepalli, Guntur District.

4. The District Collector (Panchayat Wing), Dr. B R Ambedkar Konaseema District at Amalapuram,

5. The Project Director District, Rural Development Authority (DRDA) Project, Dr. BR Ambedkar Konaseema District at Amalapuram.

6. The Executive Engineer, Panchayat Raj Division, Amalapuram, Dr. B R Ambedkar Konaseema District.

7. The Deputy Executive Engineer, Panchayat Raj Sub-Division, Kothapeta, Dr. B R Ambedkar Konaseema District

8. The Special Officer cum Extension Officer, Ankampalem Gram Panchayat, Under Mahatma Gandhi National Rural Employment Guarantee Scheme, Atreyapuram Mandal, Dr. B R Ambedkar Konaseema District.

9. The Secretary, Ankampalem Gram Panchayat, Ankampalem, Atreyapuram Mandal, Dr. B R Ambedkar Konaseema District. 10. The Secretary, Rural Development Department, Union of India, Government of India Krishi Bhavan, Dr Rajendra Prasad Road, New Delhi-110001.

11. The Director, Mahatma Gandhi National Rural Employment Guarantee Scheme, Ministry of Rural Development, Government of India, Krishi Bhavan, New Delhi.

12. One CC to Sri TVS Prabhakara Rao, Advocate [OPUC] 13. One CC to Sri Yarraguntia Koteswara Rao, SC for ZPP, MPP & Gram Panchayat[OPUC]

14. One CC to Sri Pasala Ponna Rao, Deputy Solicitor General of India High Court of A.P. at Amaravati[OUT] IS.Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT]

16.Two CC’s to GP for Finance and Planning, High Court of A P Amaravati[OUT] 17. Three CD Copies. • HIGH COURT DATED:06/11/2024 OF ANO/y^!^ 19 NOV 202^1 2- ^ Current Section oYml ORDER WP.No.17903 of 2024 DISPOSING OF THE W.P. WITHOUT COSTS