Telangana High Court
WA/2062/2004 of Challagundla Bikshamaiah, Vs The District Collector, Guntur, Guntur District. on 28 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE SRI DEVINDER GUPTA, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE M.NARAYANA REDDY WRIT APPEAL NO : 2062 of 2004 (Writ Appeal under Clause 15 of the Letters
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE SRI DEVINDER GUPTA,THE CHIEF JUSTICE
and
THE HON'BLE MR JUSTICE M.NARAYANA REDDY
WRIT APPEAL NO : 2062 of 2004
(Writ Appeal under Clause 15 of the Letters Patent against the Order dated16/09/2004 in WP NO : 8305 OF 2004 on the file of the High Court.)
Between:
Challagundla Bikshamaiah, S/o Ramaiah, R/o Kothaganeshunipadu Village, Machavaram Mandal, Guntur District.
..... APPELLANT
AND
1 The District Collector, Guntur, Guntur District.
2 The District Panchayat Officer, Guntur, Guntur District.
3 The Panchayat Secretary, Kothaganeshunipadu , Gram Panchayat Machavaram Mandal, Guntur District.
4 Sarpanch, Kothaganeshunipadu Gram Panchayat, Machavaram Mandal, GunturDistrict.
.....RESPONDENT(S)
Counsel for the Appellant:MR.P.GANGA RAMI REDDY
Counsel for the Respondent Nos.1 and 2: GP FOR PANCHAYAT RAJ &RURAL DEV.
Counsel for the Respondent Nos. 3 and 4: Mr. Dammalapati Srinivas The Court made the following Oral Judgment: (per Sri Devinder Gupta, CJ)
According to the appellant, he carried out some construction work of the Panchayatbuilding and after completion of the work, it was handed over in the year 2001. Heclaims that Rs. 87,536/- is due and payable and has not been paid by therespondent-Panchayat and therefore, he filed the writ petition and sought fordirections for payment of the said amount.
Learned single judge dismissed the writ petition on the ground that the appropriateremedy for the appellant is to file a Civil Suit for recovery of the amounts if any dueand he cannot file a writ petition. There is no justification for us to defer with the viewtaken by the learned single judge. The writ appeal is accordingly dismissed. Nocosts.
______________________
DEVINDER GUPTA, CJ
Date: 28[th] December, 2004
_______________________
M. NARAYANA REDDY,J
Pnb
To
1 The District Collector, Guntur, Guntur District.
2 The District Panchayat Officer, Guntur, Guntur District.
3 The Panchayat Secretary, Kothaganeshunipadu , Gram Panchayat, Machavaram Mandal, Guntur District. Gram Panchayat, Machavaram Mandal, Guntur District.
4 Sarpanch, Kothaganeshunipadu Gram Panchayat, Machavaram Mandal, Guntur District.
5 Two C.Cs. to the Government Pleader for Panchayat Raj & RuralDevelopment, High Court Buildings, Hyderabad. (OUT)Development, High Court Buildings, Hyderabad. (OUT)
6 Two C.D. copies