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% APHC010129872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY. THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7164 OF 2025 Between: Nandipalli Vijay Kumar, S/o. Rambabu, Aged 26 Contractor, R/o. Ward No. 22, Narsipatnam, Anakapalli District. years, Occ ...Petitioner AND /
1. The State of Andhra Pradesh, Rep. by its Principal Secretary Secretariat, Velagapudi, Municipal Administration Department Amaravati. Thullur Mandal, Guntur District. 2. State of Andhra Pradesh, Rep. by its Principal Secretary Department, Secretariat, Velagapudi, Amaravati, Guntur District. Finance Thullur Mandal,
3. The Commissioner and Director of Municipal Administration, Sri Krishna Enclave, Gorantla. Guntur, Guntur District. 4. The District Collector, Anakapalli District, Anakapalli. 5. The Narsipatnam Municipality, Narsipatnam, Anakapalli District. Rep. by its Commissioner ...Respondents Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith, the High Court praying that in the 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 not releasing the payments for the works i.e., i) Construction of CC Drain from Gudepu Devudamma House to Chitikela Site in Venkunaidupeta Ward No. 22 of Narsipatnam Municipality through the Agreement No. 126/2023-24, dated 13- 12-2023 for an amount of Rs. 3,37,183/- and ii) Construction of CC Culverts at 1) Yalamanchili Krishnaveni (Digital Door No. 262/A30) house 2) Chitikela Atchibabu (Digital Door NO.288/A50) Municipality through the Agreement No. 127/2023-24 dated 13- house in Venkunaidupeta Ward No. 22 of Narsipatnam 12-2023 for an amount of Rs. 1,32,318/- totaling an amount of Rs. arbitrary and violative of Art 14 and 21 of consequently direct the respondent authorities to release forthwith for the above said works executed by the petitioner. 4,69,501/- as illegal, Constitution of India and Rs. 4,69,501/- lA NO: 1 OF 2()9fi 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 respondents to consider for payment of amounts of Rs. 4,69,501/- for the works executed by the petitioner for i.e., i) Construction of CC Drain from Gudepu Devudamma House to Chitikela Site in Venkunaidupeta Ward No. 22 of Narsipatnam Municipality through the Agreement 12-2023 for an amount of Rs.
3,37,183/- and ii) Construction of CC Culverts at 1) Yalamanchili Krishnaveni (Digital Door No. 262/A30) house 2) Chitikela Atchibabu (Digital Door No.288/A50) Ward No. 22 of Narsipatnam No. 126/2023-24, dated 13- house in Venkunaidupeta Municipality through the Agreement No. 127/2023-24 dated 13- 12-2023 for an amount of Rs. 1,32,318/- totaling an amount of Rs. 4,69,501/-forthwith, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI RAMBABU Counsel for the Respondent Nos. 1 and URBAN DEV KOPPINEEDI 3: GP MUNCIPAL ADMN AND
Counsel for the Respondent No. 2: GP FOR FINANCE PLANNING Counsel for the Respondent No.4: GP FOR REVENUE Counsel for the Respondent No. 5: SMT SIREESHA RANI VALLABHANENI SC FOR MUNICIPAL CORPORATION The Court made the following order:
f APHC010129872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7164/2025 Between:
1.NANDIPALLI VIJAY KUMAR, S/0. RAMBABU, AGED 26 YEARS, OCC: CONTRACTOR, R/0. WARD NO. 22, NARSIPATNAM, ANAKAPALLI DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, DISTRICT. THUIlUR MANDAL, GUNTUR 2.STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT. SECRETARIAT, VELAGAPUDI, AMARAVATI, THUIlUR MANDAL, GUNTUR DISTRICT. 3.THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, SRI KRISHNA ENCLAVE, GORANTLA, GUNTUR, GUNTUR DISTRICT. 4.THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT, ANAKAPALLI. 5.THE NARSIPATNAM MUNICIPALITY, REP. BY ITS COMMISSIONER, NARSIPATNAM, ANAKAPALLI DISTRICT. ...RESPONDENT(S):
2 H ■ Counsel for the Petitioner:
1.RAMBABU KOPPINEEDI i Counsel for the Respondent(S):
1.GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING The Court made the following:
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION N0.7164 of 2025
ORDER:
1. The present Writ Petition is filed questioning the action of the Respondent authorities in not paying the amount of Rs.4.69,501/- due to the Petitioner even after finalizing the bills in relation to the works vide Agreement Nos. 126/2023-24 and 127/2023-24, dated 13.12.2023 respectively, as illegal and arbitrary.
2.
Learned counsel for the Petitioner submits that the Narsipatnam Municipality had awarded works vide Agreement Nos. 126/2023-24 and 127/2023-24, dated 13.12.2023 respectively, on nomination basis as the works were valued at Rs.5,00,000/- or less than Rs.5,00,000/-. Though all the works were executed to the satisfaction of the Respondent-Municipality, the amounts due to the Petitioner were not paid. Hence, the Writ Petition is filed.
3. Learned Standing Counsel for Respondent No.5-Municipality passed on the written instructions dated 01.04.2025 signed by the Commissioner, Narsipatnam Municipality, wherein it was stated that the Petitioner was allotted the works as per the guidelines issued by the Government vide G.O.Rt.No.168, Planning (VM) Department, dated 15.11.2022 to grant works \ on nomination basis and the same were successfully completed by
10.01.2024. It was further stated that due to the interim orders passed in
2 W.P.No.828 of 2024 on 11.01.2024, the amounts due to the Petitioner were not paid. The interim orders in W.P.No.828 of 2024, dated 11.01.2024 states that Respondent Nos.4 to 6 therein were restrained from executing any works pursuant to the Municipal Council Resolution No. 122, dated
28.12.2023.
4. Having heard the respective counsels, as it is admitted by the Respondent-Municipality that the works were completed by 10.01.2024 i e even before this Court passing interim orders in W.P.No.828 of 2024, dated 11.01.2024 and the concerned Engineers took measurements and made entries in M. Books to facilitate payments, this Court is of the opinion that interim order passed in W.P.No.828 of 2024, dated 11.01.2024 cannot be considered as injuncting the Respondent-Municipality from making payments.
5. Therefore, the Writ Petition is
disposed of with the following directions: (i) The Respondent Municipality is directed to pay the amounts due to the Petitioner within a period of four (4) weeks from the date of receipt of a copy of this order; (ii) No order as to costs.
6. As a sequel, pending applications, if any, shall stand closed.
Sd/- P. VINOD J0MAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Municipal Administration Department, State of AP, Secretariat, Velagapudi, Amaravati, District. Thullur Mandal, Guntur
r
2. The Principal Secretary Finance Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Thullur Mandal, Guntur District.
3. The Commissioner and Director of Municipal Administration, Sri Krishna Enclave, Gorantia, Guntur, Guntur District.
4. The District Collector, Anakapalli District, Anakapalli.
5. The Commissioner, Narsipatnam Municipality, Anakapalli District. Narsipatnam
6. One CC to Sri. Rambabu Koppineedi Advocate [OPUC]
7. One CC to Smt. Sireesha Rani Vallabhaneni SC for Municipal Corporation [OPUC]
8. Two CCs to GP for Finance Planning, Fligh Court of Andhra Pradesh [OUT]
9. Two CCs to GP for Municipal Admin and Urban Development, Fligh Court of Andhra Pradesh [OUT]
10. Three CD Copies GSC
HIGH COURT DATED:30/06/2025
ORDER WP NO. 7164 OF 2025 DISPOSING THE WP WITHOUT COSTS