B. RAMANJANEYULU v. THE STATE OF ANDHRA PRADESH

Cause title

THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION NO: 32421/2014 Between:

1. B. RAMANJANEYULU,, S/O. VENKATA NARASIMHA RAO, AGED ABOUT 49 YEARS, SPECIAL CLASS CONTRACTOR, ENDLURU VILLAGE, S.N. PADU MANDAL, PRAKASAM DISTRICT ...PETITIONER

AND

1. THE STATE OF ANDHRA PRADESH REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT (RWS) DEPARTMENT, SECRETARIAT, HYDERABAD

2. THE DIRECTOR GENERAL VIGILANCE ENFORCEMENT DEPARTMENT, BRKR BHAVAN, LOWER TANK BUND, HYDERABAD

3. THE ENGINEERINCHIEF RURAL WATER SUPPLY SANITATION, DEPARTMENT SRTGN BHAVAN, ERRAMANZIL, HYDERABADD.

4. CHIEF ENGINEER ADMN RURAL WATER SUPPLY AND SANITATION, ERRAMANZIL, HYDERABAD.

5. SUPERINTENDING ENGINEER RURAL WATER SUPPLY AND SANITATION, ONGOLE CIRCLE, PRAKASAM DISTRICT.

6. EXECUTIVE ENGINEER RURAL WATER SUPPLY AND SANITATION, DIVISION, ONGOLE, PRAKASAM DISTRICT.

7. THE PAY ACCOUNTS OFFICER, GOVERNMENT OF ANDHRA PRADESH ONGOLE, PRAKASAM 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 pleased to Issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the proceedings issued by the 2nd respondent vide Appraisal Report No. 113(498/V&E/E212010)- (Nellore) dt. 2.5.2014 directing the respondents to recover an amount of Rs.9,35,0271- and the consequential letter issued by the 6th respondent vide Lr.No.A1/688/2014, dated 9.10.2014 through which the 7th Respondent was directed to recover an amount of Rs.9,35,027/- from the other work bills of the Petitioner even without putting the Petitioner on notice, as being illegal, arbitrary and in violation of the terms of the agreements besides being violative of Article 14 & 19(f) of the Constitution of India as well as catena of precedents of the Hon'ble Supreme Court of India as well as this Hon'ble Court, and consequently set aside the same, and to pass IA NO: 1 OF 2014(WPMP 40524 OF 2014 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 grant stay of recovery of an amount of Rs.9,35,027/- by the 7th Respondent from the Petitioner of the so called excess price adjustment costs pertaining to the completed work in the department from the bills payable towards "providing CPWSS to Ammanabrolu & 19 habitations in Prakasam District" by suspending the letter of the 6th respondent vide Lr No. A1/688/2014, dt. 9.10.2014, pending disposal of the above writ petition, in the interest of justice, and pass IA NO: 2 OF 2014(WPMP 45525 OF 2014 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 amend the cause title in the petition and affidavit in the above writ petition as well as petition in WPMP No.40524 of 2014 relating to the description of 1st Respondent as follows:- "The State of Andhra Pradesh, represented by its Principal Secretary, Panchayat Raj and Rural Development (RWS) Department, Secretariat, Hyderabad" instead of "The State of Andhra Pradesh, represented by its Principal Secretary, Finance Department, Secretariat, Hyderabad" In the interest of justice Counsel for the Petitioner:

1. SUDHAKARA RAO AMBATI Counsel for the Respondent(S):

1. GP FOR GENERAL ADMINISTRATION (AP)

2. GP FOR FINANCE & PLANNING (AP)

3. GP FOR PANCHAYAT RAJ RURAL DEV (AP)

4. GP FOR IRRI AND CAD (AP) The Court made the following: ::

ORDER ::