A Venkataramana vs. State Of Andhra Pradesh

Final Order
Court:High Court of Andhra Pradesh
Judge:Hon'ble B Krishna Mohan
Case Status:Disposed
Order Date:17 Dec 2024
CNR:APHC010480872024

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Order Issued After Hearing

Purpose:

Disposed

Before:

Hon'ble B Krishna Mohan

Listed On:

17 Dec 2024

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Order Text

IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR ^ ' PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 24892 OF 2024 AMARAVATI X 'k ■

Between:

'i

A. Venkataramana, S/o. Late A. Narayana Naidu, Aged about 48 years, R/o. Diguvajupallivaripalli, Ganugachintha Village Rompicherala Chittoor District. Mandal

...PETITIONER

I.D

  • <sup>I</sup>

AND

    1. State of Andhra Pradesh, Rep. by its Principal Secretary Government, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravati, Guntur District. to
    1. State of Andhra Pradesh, Rep. by its Principal Secretary Government, Finance and Planning Department, Secretariat Velagapudi, Amaravati, Guntur District to
    1. The Commissioner, Panchayat Raj and Rural Development Department, Government of Andhra Pradesh District. NH -16, Tadepalli, Guntur
    1. The District Coilector (Panchayat Wing), Chittoor District.
    1. The Executive Engineer, P.R.I. Division, Madanapalle Annamayya District.
    1. The Mandal Parishad Development Officer, Rompicherla Mandal Chittoor District. Rompicherla
    1. The Ganugachintha Gram Panchayat, Rep.by its Executive Authority-Panchayat Secretary Ganugachintha, Rompicherla Mandal, Chittoor District. cum-
    1. The Deputy Executive Engineer, P.R.I. Sub Division, Punganur, Chittoor District.
    1. The Director, Mahatma Gandhi National Rural Employment Guarantee MGNREG Scheme, Ministry of Rural Development, Government of India, KrishiBhavan, New Delhi.

...RESPONDENTS

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 <sup>a</sup> writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in not releasing the funds amounting Rs.9,00,000/- to the petitioner in pursuance of MGNREGS <sup>+</sup> ZP Grant work towards cost of the material supplied for the work "Construction of CC road at Diguvajupallivaripalle Chittoor District" as being Fl/o. Ganugachintha' in Rompicherla Mandal illegal, arbitrary and violative of Panchayat Raj Act, 1994 and Unconstitutional and respondents to release funds amounting Rs. 9,00,000/- to the petitioner in pursuance of MGNREGS plus ZP Grant work towards cost of the supplied for the work "Construction of CC road at Diguvajupallivaripalle H/o. Ganugachintha in Rompicherla Mandal, Chittoor District". provisions of the Andhra Pradesh consequently direct the material

lA NO: <sup>1</sup> OF 2024

Petition under Section <sup>151</sup> CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to consequently direct the respondents to release funds Rs. 9,00,000/- to the petitioner in pursuance of MGNREGS+ZP Grant work towards cost of the material supplied for the work "Construction at Diguvajupallivaripalle H/o. Ganugachintha in Rompicherla Mandal, Chittoor District" pending disposal of the main writ petition. amounting of CC road

Counsel for the Petitioner: SRI M. SIVA KUMAR Counsel for the Respondent Nos.1,3 to <sup>5</sup> & 8: GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING Counsel for the Respondent Nos.6 & 7: SRI M. SUDHIR, SC FOR ZPP, MPP & GRAM PANCHAYAT Counsel for the Respondent No.9: SRI M.S.R. CHANDRA MURTHY, SC FOR MGNREGS

The Court made the following: ORDER

APHC010415532024

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

[3233]

TUESDAY, THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

WRIT PETITION NO: 24892/2024

Between:

A Venkataramana

...PETITIONER

AND

State Of Andhra Pradesh and Others

...RESPONDENT(S)

Counsel for the Petitioner:

1.M SIVA KUMAR

Counsel for the Respondent(S):

  • 1.GP FOR PANCHAYAT RAJ RURAL DEV
    1. Mattegunta.Sudhir, Standing Counsel For Z.P.Ps, M.P.Ps, Gram Panchayats
  • 3.GP FOR FINANCE PLANNING

The Court made the following Order;

Heard the learned counsel for the petitioner and the learned Assistant Government Pleaders for the respondents.

This writ petition is filed questioning the action of the respondents in not releasing the funds amounting to Rs.9,00,000/- to the petitioner in pursuance of the MGNREGS+ZP Grant work towards cost of the material supplied for the work "Construction of CC road at Diguvajupallivaripalle H/o. Ganugachintha in Rompicherla Mandal, Chittoor District. 2.

  1. On the other hand, the learned Assistant Government Pleader th appearing for the respondents relying upon the written instructions of the 5 respondent dated 17.12.2024 submits that the balance amount of Rs.4,56,348/- including the statutory deductions is due to the petitioner and the same will be paid to the petitioner in due course.

In view of the above said facts and circumstances, the respondents are 4. directed to pay <sup>a</sup> sum of Rs.4,56,348/- to the petitioner by complying with all the formalities as expeditiously as possible preferably within a period of one (01) month from the date of receipt of this order. The written instructions of the 5^'^ respondent dated 17.12.2024 shall be made as part of the Court record.

2

Sd/- N. NAGAMMA

SE CiT^OfrOFRCER

Accordingly, this Writ Petition is disposed of. There shall be no order as 5. to costs.

As <sup>a</sup> sequel, Interlocutory Applications pending, if any, shall stand closed.

ASSISTANT REGISTRAR //TRUE COPY//

To,

/

    1. The Principal Secretary to Government, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.
    1. The Principal Secretary to Government, Finance and Planning Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District
    1. The Commissioner, Panchayat Raj and Rural Development Department, Government of Andhra Pradesh, NH -16, Tadepalli, Guntur District.
    1. The District Collector (Panchayat Wing), Chittoor District.
    1. The Executive Engineer, P.R.I. Division, Madanapalle Annamayya District.
    1. The Mandal Parishad Development Officer, Rompicherla, Rompicherla Mandal Chittoor District.
    1. The Executive Authority- cum- Panchayat Secretary, Ganugachintha Gram Panchayat, Ganugachintha, Rompicherla Mandal, Chittoor District.
    1. The Deputy Executive Engineer, P.R.I. Sub Division, Punganur, Chittoor District.
    1. The Director, Mahatma Gandhi National Rural Employment Guarantee MGNREG Scheme, Ministry of Rural Development, Government of India, KrishiBhavan, New Delhi.
    1. One CC to Sri M. Siva Kumar, Advocate [OPUC]

3

    1. One CC to Sri M. Sudhir, SC for ZPP MPP & Gram Panchayat[OPUC]
    1. One CC to Sri M.S.R. Chandra Murthy, SC for MGNREGS[OPUC]
    1. Two CCS to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT]
    1. Two CC's to GP for Finance and Planning, High Court of A.P. at Amaravati[OUT]
    1. Three CD Copies.

ssb

HIGH COURT

\

DATED:17/12/2024

ORDER

WP.No.24892 of 2024

DISPOSING OF THE W.P. WITHOUT COSTS

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Order(2) - 17 Dec 2024

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Order(3) - 17 Dec 2024

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Order(1) - 4 Nov 2024

Interim Order

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