Dadi Srinivasa Rao vs. The State Of Ap
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Order Issued After Hearing
Purpose:
Admission (Panchayat Raj)
Before:
Hon'ble Ravi Cheemalapati
Listed On:
13 Jul 2023
Original Order Copy
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Order Text
(SHOW CAUSE NOTICE BEFORE ADMISSION) lN THE HIGH COURT OF ANDHRA PRADESH AT AMAR (SPECIAL ORIGINAL JURISDICTION) THURSDAY, THE THIRTEENTH DAY OF JULY ll^/O THOUSAND AND TWENTY THREE :PRESENT:
THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATl WRIT PETITION NO: 16934 OF 2023 E=
Between :
Dadi Srinivasa Rao, S/o. Late Appa Rao, Aged 56 years, Occ. Contractor, R/o. H.No. 6-33, Yellapuvanipalem, Gopalapatnam, Visakhapatnam-7, Vl'sakhapatnam District
...Petitioner
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AND
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- The State ofAndhra Pradesh, Represented by its principal secretary, Panchayat Raj Department, secretariat Buildings, Velagapudi, Thullur Mandal, Amaravathi, Guntur DistrI'Ct.
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- State ofAndhra Pradesh, Rep. by its Prl|ncipal Secretary Finance Department, t\_ ___i_ __. / _ __ ____ .__ _ _I__. t. Secretariat, velagapudi, Amaravathi, Thulllir Mandal, Guntur District.
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- The Commissioner, panchayat Raj and Rural Development Department, Government ofAndhra Pradesh, NH-16, TadepalliI Guntur District.
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- The EngI-neer-in-Chief, Panchayat RaJ', Z.P.Compound, Opposite to PWD Grounds, M.G.Road, Vijayawada.
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- The Dl'rector of works and Account Officer, Anjaneya Towers, __~ lbrahimpatnam, Krishna District.
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- The District Collector, visakhapatnam District, Visakhapatnam.
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- Superintending EngI'neer, Panchayat Raj Circle, Visakhapatnam, \ I\ Visakhapatnam District. -I--`----I---I ,
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- Executive Engineer, panchayat Raj (PIU) Divl'sion, Visakhapatnam, r Visakhapatnam District.
- 9 Jlseakphaaypaa:ndaALccD:sut?itcSt,Ovff:caekrhaWpoartknsa:Td Accounts Department, ~
...Respondents
WHEREAS the Petitioner above named through his Advocate SRI RAMBABu KOPPINEEDl presented this petition under Article 226 of the Constitution of lndl'a praying that in the circumstances stated in the affidavit fl'led therewl'th, the High Court may be pleased to issue a writ, order, or Direction more particularly one in the nature of WRIT OF MANDAMuS or any other appropriate writ or direction declaring the action of the respondents in withholding the lpayment of balance of Rs. 12,56,781/-even after finalizing the bills, payable to the petitioner in relation to the work i.e., Construction of community hall in sc colony at Rampuram in pendurthl' Mandal, Visakhapatnam DistrI'Ct for an amount of Rs.12,56,781/-as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the , respondents to consider for payment of amount of Rs.12,56,78,1/-to the petitioner Ion respect of execution of above-mentioned work forthwith
AND WHEREAS the High Court upon perusl'ng the petl'tion and affidavit fl'led herel'n and upon hearing the arguments of srI' RAMBABu KOPPINEEDI Advocate for the petitioner, GP FOR PANCHAYAT RAJ for the Respondent Nos.1,3,4,7 & 8, GP FOR FINANCE for the Respondent Nos.2, 5, & 9, GP FOR REVENUE, for the Respondent No.6, directed l'ssue o.f notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.
You viz:
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- The Principal Secretaryl, state ofAndhra Pradesh, panchayat Raj Department, secretariat Bul'ldings, Velagapudi, ThuIIur Mandal, Amaravathi, Guntur District.
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- The Principal secretary, state ofAndhra Pradesh, Finance Department, Secretariat, velagapudI', Amaravathi, Thullur Mandal, Guntur District.
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- The Commissioner, panchayat Raj and Rural Development Department, Government ofAndhra Pradesh, NH-16, Tadepalli, Guntur District.
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- The Engineer-in-chief, panchayat Raj, Z.P.Compound, opposite to PWD r Grounds, M.G.Road, Vijayawada.
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- The DI'reCtOr Of works and Account Officer, , Anjaneya Towers, lbrahimpatnam, Krishna District.
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- The District Collector, vI'SakhaPatnam District, Visakhapatnam.
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- Superl'ntending Engl'neer, Panchayat Raj Circle, Visakhapatnam, \ /:_ _ I _L Visakhapatnam Distrl'ct. ---I ---I---I-'|''
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- Executive Engineer, panchayat Raj (PIU) Division, Visakhapatnam, Visakhapatnam District.
- __jL. The Pay and Accounts Officer, Works and Accounts Department, Visakhapatnam District, Visakhapatnam.
are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted, on or before 20.07.2023
The Court made the following: ORDER
Notice before admission. `
Learned Government pleade,-for panchayat raj, takes notice for R1, R3, R4] R7& R8.
Learned Government pleader for Finance, takes notice for R2, R5 & R9. .
Learned Government pleader for Revenue, takes notice for R6. .
//TRUE COPY//
For I-nstructions, post on 20.07.2023, in the moll-on list.
Sd/- u, SRI DEVI ASSISTANT REGISTRAR rriE SECTION OFFICER
I
Tot
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- The Principal Secretary, State ofAndhra Pradesh, Panchayat Raj Department, Secretarl'at Buildings, Velagapudi, Thullur MandaI, Amaravathi, Guntur District.
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- The Principal Secretary, State ofAndhra Pradesh, Finance Department, Secretariat, Velagapudi, Amaravathi, Thullur MandaI, Guntur Distrl'ct,
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- The CommissI'Oner, Panchayat Raj and Rural Development Department, Government ofAndhra Pradesh, NH-16, Tadepalli, Guntur District.
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- The Engineer-in-ChiefI Panchayat Raj, Z.P.Compound, Opposite to PWD Grounds, M.G.Road, Vijayawada.
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- The Director of works and Account Officer, Anjaneya Towers, lbrahimpatnam, Krl'shna Dl'strict.
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- The District Collector, Visakhapatnam District, Visakhapatnam.
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- Superintending Engineer, Panchayat Raj Circle, Visakhapatnam, Visakhapatnam District.
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- Executive Engineer, Panchayat Raj (PIU) Division, Visakhapatnam, Visakhapatnam District.
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- The Pay and Accounts Officer, Works and Accounts Department, Visakhapatnam District, Visakhapatnam (Addressees 1 to 9 by SPEED POST-along with a copy of petition and Affidavit)
- 10.One CC to SRl. RAMBABU KOPPINEEDI Advocate [OPUC]
- ll.Two cos to GP FOR PANCHAYAT RAJ RURAL DEV ,High Court of Andhra Pradesh. [OUT]
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- Two CCs to GP FOR FINANCE, High Coun of Andhra Pradesh [OUT]
- _nd3. Two cos to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] 14. One spare copy
PSR
HIGH COURT
RC,J
DATED:13/07/2023
NOTE: POST ON 20.07.2023 IN THE MOTION LIST
NOTICE BEFORE ADMISSION
WP.No.16934 of 2023