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APHC010114162025 IN THE HIGH COURT OF ANDHRA PRADESH— AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N^ WRIT PETITION NO: 6078 OF 2Q2fi ^ y Between: K Venkateswara Rao, S/o.veera bhadra rao, Age 55 years, R/o. 57-9-27, Durga temple, jagannadapuram, kakinada East Godavari District, Andhra Pradesh ...Petitioner^ AND
1. The State of Andhra Pradesh, Rep by its Principal Secretary development, Department of Municipal Administration and urban Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. Municipal Corporation Kakinada, rep.by its Commissioner, Kakinada Kakinada District. 3. Municipal Corporation Kakinada, Rep.by its Executive Engineer Kakinada District. 4. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. ^ ...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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 38,76,349/- (Thirty eight Lakhs, seventy six Thousand, three Hundred and Forty Nine Rupees only )
even after finalizing the bills payable to the petitioner in relation to the works i e., I. Construction of 7 shops at Ananda bharathi ground west side in 32nd division of Kakinada municipal corporation....Agreement No. Dated 25.06.2021(8,30,412/-), II. Restoration of potholes with instamix at 7 to 13 division. Agreement 120/2021-2022, no.206/2021-22, Dated 20.10.2021 (8,83,496/-), apartments in kameswari nagar in 33rd III.Repairs to rajiv gruha kalpa division. Agreement no 276/23-24, dated 24.01.2024 (13,75,369/-) IV.Construction of internal cc drain, at sachivalayam of 12B Agreement no.358/2023-24. Dated 11.03.2024 in 12th Division, (7,87,072/-),” For the year 2021 as bad, illegal, arbitrary, improper, unjust and against the Article 21 of constitution of India and consequently direct the respondents to pay the seventy six Thousand, three per annum for the executed by the petitioner.. amounts of Rs.
38,76,349/- (Thirty eight Lakhs Hundred and Forty Nine Rupees only) with interest @ 24% delayed amount till date of realization for the works lA NO: 1 OF 2()9R 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 releasing the amounts payable to him, pending disposal of the write petition. Counsel for the Petitioner: SRI DEVASRI Counsel for the Respondent Nos. 2 & 3:
ROSHAN KANCHARLA _ SRI M KRISHNA RAO (SC FOR SKL VZM KKD MUNICIPAL ^ CORPORATIONS) Counsel for the Respondent No.1: GP FOR MUNCIPAL URBAN DEV Counsel for the Respondent No.4: GP FOR FINANCE The Court made the following order:
ADMN AND^ & PLANNING
APHC010114162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 6078/2025 Between:
1.K VENKATESWARA RAO, S/O.VEERA BHADRA RAO, AGE 55 57-9-27, TEMPLE,JAGANNADAPURAM,KAKINADA EAST GODAVARI DISTRICT, ANDHRA PRADESH YEARS, R/0. DURGA ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. MUNICIPAL CORPORATION KAKINADA, REP.BY ITS COMMISSIONER, KAKINADA KAKINADA DISTRICT. 3. MUNICIPAL CORPORATION KAKINADA, REP.BY ITS EXECUTIVE ENGINEER KAKINADA DISTRICT. 4.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT(S):
2 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 topleased to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs.
38,76,349/- (Thirty eight Lakhs, seventy six Thousand, three Hundred and Forty Nine Rupees only ) even after finalizing the bills payable to the petitioner in relation to the works i. e I. Construction of 7 shops at Ananda bharathi ground west side in 32nd division of Kakinada municipal 25.06.2021 (8,30,412/-),ll. Restoration of potholes with instamix at 7 to 13 division ,Agreement no.206/2021-22 ,Dated 20.10.2021 (8,83,496/- ),III.Repairs to rajiv gruha kalpa apartments in kameswari nagar in 33rd division. Agreement no 276/23- 24,dated .24.01.2024(13,75,369/- )IV.Construction of internal cc drain,at sachivalayam of 12B in 12th Division,Agreement no.358/2023- 24,Dated 11.03.2024(7,87,072/-), For the year 2021 as bad ,illegal, arbitrary, improper, unjust and against the Article 21 of constitution of India and consequently direct the respondents to pay the amounts of Rs. 38,76,349/- with interest @ 24 percent per annum for the delayed amount till date of realization for the works executed by the petitioner and pass lA NO: 1 OF 2025 corporation....Agreement No. 120/2021-2022,Dated 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 pleased to direct the respondents to releasing the amounts payable to him, pending disposal of the write petition and pass Counsel for the Petitioner:
1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1 .M Krishna Rao SC for ski vzm kkd Municipal Corporations 2.GP MUNCIPAL ADMN AND URBAN DEV AP 3.GP FOR FINANCE PLANNING The Court made the following:
3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 6078 of 2025
ORDER: The petitioner is aggrieved by the inaction on the part of the respondents in releasing the payments for the works executed. It is submitted that the final bills were also submitted, however, the payment is yet to be released. Heard
learned counsel for the petitioner, learned Assistant
2. Government Pleader for Municipal Administration and Urban Development, learned Assistant Government Pleader for Finance and Planning and learned Standing Counsel for Municipal Corporation. Considering the submissions, the concerned respondent is
3. hereby directed to verify and release the payment due payable to the petitioner as expeditiously as possible preferably within a period of six (06) weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. There shall be no
4.
order as to costs.
4 As a sequel, miscellaneous petitions pending, if any, shall stand closed.
Sd/- M.RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Department of Municipal Administration and urban development. Secretariat Building, Velagapudi, Amaravathi,. Guntur.
2. The Commissioner, Municipal Corporation Kakinada, Kakinada Kakinada District.
3. The Executive Engineer, Municipal Corporation Kakinada, Kakinada District.
4. The Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.
5. One CC to Sri Devasri Roshan Kancharla Advocate [OPUC] ^
6. One CC to Sri M Krishna Rao (SC for Municipal Corporations) Advocate [OPUC]
7. Two CCs to GP for Municipal Admn. & Urban Dev, High Court of Andhra Pradesh [OUT]
8. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT]
9. Two CD Copies TF
HIGH COURT DATED:22/07/2025
ORDER WP NO. 6078 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS