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2025 DAILYLAW 16133 (AP)

KUNCHALA THIRUPALU v. THE STATE OF ANDHRA PRADESH

WP/11031/2025 · 2025-08-27

Harinath N

body2025

Judgment text

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APHC010210972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 11031 OF 202^ I^0 0 Between: Kunchala Thirupalu, S/o. Kondaiah, Aged about 50 768/f5, Garlapeta Road, Near Venkateswara Prakasam District. years, R/o. H. No. 9- Swamy Temple, Kanigiri, ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by the Principal Secretary Secretariat Buildings Municipal Administration Urban Development, Velagapudi, Amaravati, Guntur District. 2. The State of Andhra Pradesh, Rep. by the Principal Secretary ■ Planning, Secretariat Buildings, Velagapudi Amaravati Finance Guntur District. 3. The EngineerinChief, Public Health Department, Garuda Enclave, Tadepalli Guntur District. 4. The Commissioner Director, Municipal Administration Prime Hill Crest, Near DGP Office, Beside Ultratech Readymix Plant, Vaddeswaram, Mangalagiri, Guntur District. 5. The Regional Director, Municipal Administration & Urban Development Department, Padmini Enclave, 4/7 Annapurna Nagar, Lane, Guntur District. 6. The Collector and District Magistrate, Ongole, Prakasam 7; The Chief Planning^Offfcer; Ongole, Prakasam District; District. 8, The Superintending Engineer, Public Health Circle Office, Nellore, >,Nellore District. 9. The Executive Engineer, Public Health Division, Ongole, Prakasam District. 10. The Deputy Executive Engineer, Public Health Sub-Division, Kandukur, Prakasam District. 11. The Kanigiri Municipality, Rep. by the Commissioner Prakasam District 12. The Senior Accounts Officer, Kanigiri Municipality, Kanigiri, District. 13. The Senior Assistant Officer, Kanigiri Municipality, Kanigiri, Prakasam District. 14. The Assistant Engineer, Kanigiri Municipality, Kanigiri, Prakasam District. 15. The District Audit Officer, NSP Pelluru Colony, West Bypass Nagarjuna University, Ongole, Prakasam Distrcit. 16. The Assistant Audit Officer, Damacherla Sakkubayamma Polytechnic College, Near Shivalayam, Ongole, Prakasam District. Kanigiri, Prakasam Near ...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 a writ order or direction of WRIT OF MANDAMUS, declaring the action of the more particularly one in the nature respondents in withholding the payment of a total amount of Rs. 6,63,587/- (Rupees Six Lakhs Sixty-Three Thousand Five Hundred and Eighty-Seven Only) for work done pertaining to General Funds 2018-19/ASC - Mtc. of CPWS Scheme the including salaries Cost of Materials for repairs and Bleaching Powder for Supply of Drinking Water to Kanigiri Nagara Panchayat (From 01/04/2018 30/06/2018) payable to him as bad, illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and consequently direct the to -• respondents to pay the amount of Rs. 6,63,587/- (Rupees Six Lakhs Sixty- Three Thousand Five Hundred and Eighty-Seven Only) for the work executed by the petitioner lA NO: 1 OF 2025 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 consider the representation of the petitioner, dated 01/04/2025 and to release the withheld amount of Rs. 6,63,587/- (Rupees Six Lakhs Sixty-Three Thousand Five Hundred and Eighty Seven Only) forthwith Counsel for the Petitioner: SRI BANDLA PAVAN Counsel for the Respondents No.1, 4, 5, 6, 7: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondents No.2,15,16: GP FOR FINANCE AND PLANNING Counsel for the Respondents No.3, 8 to 10: GP FOR PUBLIC AND HEALTH Counsel for the Respondents No.11 to 14: SRI GUDAPATI LAKSHMI NARAYANA The Court made the following order: APHC010210972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 11031/2025 Between: 1. KUNCHALATHIRUPALU, S/0. KONDAIAH Aged about 50 years, R/o. H.No.9-768/f5, Garlapeta Road, Near Venkateswara Swamy Temple, Kanigiri, Prakasam District. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH & OTHERS, ...RESPONDENT Counsel for the Petitioner: 1.BANDLAPAVAN Counsel for the Respondent: 1. The Court made the following: ■ 2 /t Order:- The petitioner is aggrieved by the inaction on the part of the respondents in releasing the payments due and payable on account of the work executed by the petitioner. The petitioner maintained the CPWS Scheme and also paid salaries to the staff, apart from incurring maintenance, cost of materials for repairs and bleaching powder for supply of drinking water to Kanigiri Nagara Panchayat. The work entrusted to the petitioner was duly completed and, though there is no dispute regarding completion of the work, the petitioner has been waiting for almost seven (07) years for release of the payments. Heard the learned counsel for the petitioner, the learned Standing Counsel for the Municipality, and the learned Assistant Government Pleader 2. for the other respondents. It is submitted that it is not in dispute that the petitioner has completed the work entrusted by the respondents and submitted the final bills. However, the bills have not been released by the respondents. 3. Considering the submissions, there shall be a direction to respondent Nos.2 and 11 to verify and release the payments as expeditiously as possible, preferably within a period of six (06) weeks from the date of receipt of a copy of this order. 4. Accordingly, this Writ Petition is disposed of. There shall be no order as 5. to costs. 3 6. Pending miscellaneous petitions, if any, shall stand closed. Sd/-A VIJAYA BABU ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To 1. The Principal Secretary, State of Andhra Pradesh, Municipal Administration & Urban Development, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Principal Secretary, State of Andhra Pradesh, Finance & Planning, Secretariat Buildings, Velagapudi Amaravati, Guntur District. 3. The Engineer-in-Chief, Public Health Department, Garuda Enclave, Tadepalli, Guntur District. 4. The Commissioner Director, Municipal Administration, Prime Hill Crest, Near DGP Office, Beside Ultratech Readymix Plant, Vaddeswaram, Mangalagiri, Guntur District. 5. The Regional Director, Municipal Administration & Urban Development Department, Padmini Enclave, 4/7 Annapurna Nagar, Lane, Guntur District. 6. The Collector and District Magistrate, Ongole, Prakasam District. 7. The Chief Planning Officer, Ongole, Prakasam District. 8. The Superintending Engineer, Public Health Circle Office, Nellore, Nellore District. 9. The Executive Engineer, Public Health Division, Ongole, Prakasam District. 10. The Deputy Executive Engineer, Public Health Sub-Division, Kandukur, Prakasam District. 11. The Commissioner, Kanigiri Municipality, Kanigiri, Prakasam District. 12. The Senior Accounts Officer, Kanigiri Municipality, Kanigiri, Prakasam District. 13. The Senior Assistant Officer, Kanigiri Municipality, Kanigiri, Prakasam District. 14. The Assistant Engineer, Kanigiri Municipality, Kanigiri, Prakasam District. 15. The District Audit Officer, NSP Peiluru Colony, West Bypass, Near Nagarjuna University, Ongole, Prakasam Distrcit. 16. The Assistant Audit Officer, Damacherla Sakkubayamma Polytechnic College, Near Shivalayam, Ongole, Prakasam District. 17. One CC to SRI BANDLA PAVAN Advocate [OPUC] 18.Two CCs to GP FOR MUNCIPAL ADMN AND URBAN DEV AP Advocate [OPUC] 19. Two CCs to GP FOR FINANCE AND PLANNING High Court of Andhra Pradesh [OUT] 20. Two CCs to GP FOR PUBLIC AND HEALTH, High Court of Andhra Pradesh [OUT] 21. Two CD Copies gsg HIGH COURT DATED: 28/08/2025 ORDER WP NO. 11031 OF 2025 ^ 2 3 SEP 2025 ♦SijTMISwIioilXk^ Co DISPOSING THE WP WITHOUT COSTS