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High Court of Andhra Pradesh · body

2025 DAILYLAW 18931 (AP)

B.Gangi Reddy, v. The State of Andhra Pradesh,

WP/13853/2025 · 2025-07-27

Harinath N

body2025

Judgment text

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APHC010262242025 IN THE HIGH COURT OF ANDHRA PRADESH ^ AT AMARAVATI (Special Original Jurisdiction) MONDAY.THE TWENTY EIGHTH DAY OF JULY ^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N^ WRIT PETITION NO: 13853 OF 202fi 0;*’S o El ■7 •n A > Between: B.Gangi Reddy, S/o. B. Raja Reddy, Occ. Contractor, Saradhi Veedi, Kothapeta, Rayachoti, Kadapa, Annamayya District. D.No.48/158, Partha ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Municipal Administration and Urban Development Department, Buildings, Velagapudi, Guntur District 2. The District Collector, Annamayya District @ Rayachoty. 3. The Rayachoty Municipality, Rep. by its Commissioner, Annamaya District. 4. Municipal Deputy Executive Engineer, Rayachoti Municipality, Rayachoty, Annamaya District. 5. The State of Andhra Pradesh, Represented by its Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Guntur District. ...Respondents Secretariat Rayachoti, Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue a writ or direction or order particularly one in the nature of writ of mandamus declaring the may be action of the Respondents herein, in amount of Rs.4,37,882/- (Gross withholding the payment for a Net 4 Rs.4,95,006/-) even after finalizing the relation to the work i.e., 'Providing CC road from Pole No. 18/71-A-1 to Door NO.51/140-40-1-A in SDHR College Main Road in Ward No.20 in Rayachoty Municipality under GGMP Funds', vide Agreement No.670-A/2023-24, Dt. 16,12.2023 is questioned, as the same is illegal and arbitrary apart from violates of Articles 14, 16, 19 <^300-A of The Constitution of India and consequently, direct the respondents to consider for payment for a Net amount of Rs.4,37,882/- (Gross Rs.4,95,006/-) with an interest @ 24 percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work., forthwith. bills payable to the petitioner in r lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to consider for payment for a Net amount of Rs.4,37,882/- (Gross Rs.4,95,006/-) even after finalizing the bills payable to the petitioner in relation to the work i.e. Providing CC road from Pole No. 18/71-A-1 to Door No.51/140-40-1-A in SDHR College Main Road in Ward No.20 in Rayachoty Municipality under GGMP Funds’ vide Agreement NO.670-A/2023-24, Dt 16.12.2023” with an interest @24% per annum for the delayed amount to the petitioner, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI SURESH KUMAR REDDY KALAVA Counsel for the Respondents No.1,2: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondents No.3,4: SRI G LAKSHMI NARAYANA ' Counsel for the Respondent No.5: GP FOR FINANCE AND PLANNING The Court made the following order: APHC010262242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] r MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 13853/2025 Between: 1.B.GANGI REDDY,, S/0. B. RAJA REDDY, OCC. CONTRACTOR, D.NO.48/158, PARTHA SARADHI VEEDI, KOTHAPETA, RAYACHOTI, KADAPA, ANNAMAYYA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT 2.THE DISTRICTCOLLECTOR, ANNAMAYYA DISTRICT RAYACHOTY. 3.THE RAYACHOTY MUNICIPALITY, REP. BY ITS COMMISSIONER, RAYACHOTI, ANNAMAYA DISTRICT. 4. MUNICIPAL DEPUTY EXECUTIVE ENGINEER, RAYACHOTI MUNICIPALITY, RAYACHOTY, ANNAMAYA DISTRICT. 5.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. ...RESPONDENT{S): 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 a writ or direction or order particularly one in the nature of writ of mandamus declaring the action of the Respondents herein, in withholding the payment for a Net amount of Rs.4,37,882/- (Gross Rs.4,95,006/-) even after finalizing the bills payable to the petitioner in relation to the work i.e., 'Providing CC road from Pole No. 18/71-A-1 to Door No.51/140-40-1-A in SDHR College Main Road in Ward No.20 in Rayachoty Municipality under GGMP Funds', vide Agreement No.670-A/2023-24, Dt. 16.12.2023' is questioned, as the same is illegal and arbitrary apart from violates of Articles 14, 16, 19 dm 300-A of The Constitution of India and consequently, direct the respondents to consider for payment for a Net amount of Rs.4,37,882/- (Gross Rs.4,95,006/-) with an interest @ 24 percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work., forthwith and pass 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 pleased to direct the respondents to consider for payment for a Net amount of Rs.4,37,882/- (Gross Rs.4,95,006/-) even after finalizing the bills payable to the petitioner in relation to the work i.e., “Providing CC road from Pole No 18/71-A-1 to Door No.51/140-40-1-A in SDHR College Main Road in Ward No.20 in Rayachoty Municipality under GGMP Funds”, vide Agreement NO.670-A/2023-24, Dt 16.12.2023” with an interest @24% per annum for the delayed amount to the petitioner, pending disposal-of the Writ Petition and pass Counsel for the Petitioner: • 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCEPLANNING The Court made the following: EES'. •"4 the honourable SRI JUSTICE WRIT PETITION NO: 1385.T Qp 2Q2fi harinath.n ORDER; Heard the learned Government Pleader for Finance respondent-Municipality. counsel for the petitioner, the learned Assistant and the learned Standing Counsel for the 2. Learned counsel for the petitioner as entrusted by the submits that the petitioner has respondent-Municipality. and has completed the works submitted the final bills, f ft is submitted that 3. the amount which i IS due and payable by the completion of the was issued. However, the respondent-Municipality to the aforesaid works and also wc said amount has not been petitioner on account of the work completion certificate paid. 4. Considering the submissions, respondents to verify and release preferably within order. there shall be the payments a period of six weeks from the date a direction to the expeditiously as possible of receipt of a copy of this as 5. Accordingly, this Writ Petition iIS disposed off. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if anv. ishall stand closed Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER 2. The District Collector, Annamayya District @ Rayachoty. 3. The Commissioner, Rayachoty Municipality, Rayachoti, Annamaya District. 4. The Municipal Deputy Executive Engineer, Rayachoti Municipality, Rayachoty, Annamaya District. 5. The Principal Secretary, State of Andhra Pradesh, Finance Department, Secretariat Buildings, Velagapudi, Guntur District. 6. One CC to SRI. SURESH KUMAR REDDY KALAVA, Advocate [OPUC] 7. Two CCS to GP MUNCIPAL ADMN AND URBAN DEV, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP FOR FINANCE AND PLANNING. High Court of Andhra Pradesh [OUT] 9. One CC to SRI. G. LAKSHMI NARAYANA, Advocate [OPUC 10. Two CD Copies NM 3. HIGH COURT DATED:28/07/2025 ORDER WP NO. 13853 OF 2025 DISPOSING OF THE WP WITHOUT COSTS