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2025 DAILYLAW 19551 (AP)

Y KESAVA REDDY v. THE STATE OF ANDHRA PRADESH

WP/16669/2025 · 2025-08-27

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

-APHGOI0273682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■"S. > "O' THURSDAY. THE TWENTY-EIGHTH DAY OF AUGUSTJfg [M 7J 3k TWO THOUSAND AND TWENTY FIVE C> PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16669 OF 2025 Between: Y Kesava Reddy, S/o Chinna Reddy, Aged about 51 years, Occ; Contractor, D.No. 29-859, Maruthi Nagar, Dharmavaram, Sri Satya Sai District-515671 ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal and Urban Development Department, Secretariat Buildings, Velagapudi, Amaravathi. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Amaravathi. 3. The Commissioner and Director, Municipal Administration and Urban Development Department, Government of Andhra Pradesh, 3,4.5 Floors, Prime Hill Crest, Vaddeswaram, Guntur District. 4. The District Collector, Sri Satya Sai District, (Formerly Ananthapuram District.) 5. The Dharmavaram Municipality, Rep by its Commissioner, Dharmavaram, Sri Satya Sai District (Formerly Ananthapuram District) 6. The Executive Engineer, Dharmavaram Municipality, Sri Satya Sai District. (Formerly Ananthapuram District) 7. The Dy Executive Engineer, Dharmavaram Municipality, Sri Satya Sal District, (Formerly Ananthapuram District) Municipality, -Srr Satya Sal . 8. The Assistant Engineer, Dharmavaram District, (Formerly Ananthapuram District) ...Respondents of the Constitution of India praying that in the Petition under Article 226 circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction, more particularly one in the nature declaring the action of the respondent authorities in after finalizing the bills, payable to the of writ of Mandamus withholding the admitted amounts even petitioner in reiation to the works i.e., 1) Laying of CC road and drain at Dr.No.28-786 to 28-786-2 and Dr.No.30-938 to 28-786-2, Balaji Nagar, 35th Dharmavaram Municipality for an amount of Rs.16,17,004/-, of CC Road from D.no.30/626-1 to 30/693 in Lakshminagar, 35th Dharmavaram Municipality for an amount Election Ward in 2) Laying Secretariat (36th Election ward) in of CC Road from Dr.No.31/76 to Dr.No.31/74, 31/29-4 and from Dr.No.31/202-1 to 31/202-3 in of Rs. 15,45,695/- and 3) Laying 31/47 to 31/41, 31/25 to Ramnagar, 39th election ward in Dharnnavaram Municipality for an amount of under Gadapa Gadapaki Mana Prabhutwam Programme contract final bills amount of Rs.49,23,474/- Rs.Rs.17,60,775/- funds aggregated to lumpsum Lakhs Twenty three thousand four hundred and seventy (Rupees Forty Nine four only) as the same is illegal, arbitrary and violation of principles of natural justice and violation of Article 14, 19 and 21 of the Constitution of India release of admitted amount consequently direct the respondents to Nine Lakhs Twenty three thousand four Rs.49,23,474/- (Rupees Forty hundred and severity four only) with interests to the petitioner firm and other reliefs. 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 consider for payment of Final Bill Rs.49,23,474/- direct the respondents to (Rupees Forty Nine Lakhs Twentyjhree thpusand four hundred and seventy four only) forthwith, pending disposal of the above writ petition. Counsel for the Petitioner: SRI DASARI S VV S V PRASAD Counsel for the Respondent Nos. 1, 3 & 4: GP FOR MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos. 5 to 8: SRI G LAKSHMI NARAYANA (SC FOR MUNICIPALITIES) Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING The Court made the following order: / COURT OF ANDHRA PRADESH at ANIARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT SRI JUSTICE HARINATH.N APHC010273682025 IN THE HIGH [3457] THE HONOURABLE Yjpxr pfTITION N^- 16669/2025 Between: aged about 51 YEARS, NAGAR, REDDY, S/0 CHINNA REDDY D.NO. SATYASAl DISTRICT-515671 1.YKESAVA MARUTHl 29-859, CONTRACTOR, DHARMAVARAM, SRI OCC ...PETITIONER AND by its principal development VELAGAPUDl, ANDHRA PRADESH, municipal AND URBAN SECRETARIAT BUILDINGS, 1.THE STATE OF SECRETARY, department , amaravathi. by its PRINCIPAL «ARY, BnS^BPArS: s'eCRETARIAT BUILDINGS, VELAGAPUDl, AMARAVATHI. COMMISSIONER ADMINISTRATION AND URBAN government of ANDHRA PRADESa 3 4^5 CREST, VADDESWARAM, GUNTUR DISTKIC SRI SATYA municipal director, development department floors, prime hill AND 3.THE SAl DISTRICT, 5.THE DHARMAVARAM ANANTHAPURAM DISTRICT) by its commissioner, (FORMERLY DHARMAVARAMMUNiaPALITY^REP^^^^^^ 6.THE EXECUTIVE ENGINEER, DHARMAVARAM MUNICIPALITY, SRI SATYASAI DISTRICT. (FORMERLY ANANTHAPURAM DISTRICT) 7.THE DY EXECUTIVE ENGINEER, DHARMAVARAM MUNICIPALITY, (FORMERLY ANANTHAPURAM SRI SATYA SAL DISTRICT, DISTRICT) 8.THE ASSISTANT ENGINEER, DHARMAVARAM MUNICIPALITY, SRI SATYA SAL DISTRICT, (FORMERLY ANANTHAPURAM 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 order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the respondent authorities in withholding the admitted amounts even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1) Laying of CC road and drain at Dr.No.28-786 to 28-786-2 and Dr.No.30-938 to 28-786-2, Balaji Nagar, 35th Election Ward in Dharmavaram Municipality for an amount of RS. 16,17,004/-, 2) Laying of CC Road from D.no.30/626-1 to 30/693 in Lakshminagar, 35th Secretariat (36th Election ward) in Dharmavaram Municipality for an amount of Rs. 15,45,695/- and 3) Laying of CC Road from Dr.No.31/76 to Dr.No.31/74, 31/47 to 31/41, 31/25 to 31/29-4 and from Dr. No.31/202-1 to 31/202-3 in Ramnagar, 39th election ward in Dharmavaram Municipality for an amount of Rs.Rs. 17,60,775/- under Gadapa Gadapaki Mana Prabhutwam Programme funds aggregated to lumpsum contract final bills amount of Rs.49,23,474/- (Rupees Forty Nine Lakhs Twenty three thousand four hundred and seventy four only) as the same is illegal, arbitrary and violation of principles of natural justice and violation of Article 14, 19 and 21 of the Constitution of India consequently direct the respondents to release of admitted amount Rs.49,23,474/- (Rupees Forty Nine Lakhs Twenty three thousand four hundred and severity four only) with interests to the petitioner firm and other reliefs and to 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 of Final Bill Rs.49,23,474/- (Rupees Forty Nine Lakhs Twenty three thousand four hundred and seventy four only) forthwith, pending disposal of the above writ petition and to pass 3 CduhseTfor the Petitioner: 1. DASARI S VV S V PRASAD Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING / / The Court made the following: I i 4 Order:- Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Finance and the learned Standing Counsel for the Municipality. 2. Learned counsel for the petitioner submits that the petitioner has completed the works under (i) Agreement No.535 of 2023-24, dated 14.11.2023, (ii) Agreement No. 530 of 2023-24, dated 14.11.2023 and (iii) Agreement No.533 of 2023-24, dated 14.11.2023, entrusted by the respondents, and has submitted the final bills. 3. It is submitted that a total amount of Rs. 49,23,474/- is due and payable by the respondents to the petitioner on account of the completion of the aforesaid work. However, the said amount has not been paid. Considering the submissions, there shall be a direction to the 4. respondents 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. 5. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. 6. Pending miscellaneous petitions, if any, shall stand closed. Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Municipal and Urban Development 1. The Principal Secretary, Department, Secretariat Buildings, Velagapudi, Amaravathi. 2. The Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Amaravathi. 3. The Commissioner and Director, Municipal Administration and Urban Development Department, Government of Andhra Pradesh Floors, Prime Hill Crest, Vaddeswaram, Guntur District. 4. The District Collector, Sri ^ya Sai District, (Formerly Ananthapuram District.) 5. The Commissioner, Dharmavaram Municipality, Dharmavaram, Sri Satya Sai District (Formerly Ananthapuram District) 6. The Executive Engineer, Dharmavaram Municipality, Sri Satya Sai District. (Formerly Ananthapuram District) 7. The Dy Executive Engineer, Dharmavaram Municipality, Sri Satya Sal District, (Formerly Ananthapuram District) 8. The Assistant Engineer, Dharmavaram District, (Formerly Ananthapuram District) 9. One CC to Sri Dasari S VV S V Prasad Advocate [OPUC] 10. One CC to Sri G Lakshmi Narayana (SC for Municipalities) Advocate [OPUC] 11. Two CCs to GP for Muncipal Admn and Urban Dev, High Court of Andhra Pradesh [OUT] 12. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 13. Two CD Copies 3,4.5 l\)[unicipality, Sri Satya Sal TF HIGH COURT DATED:28/08/2025 ORDER WP NO. 16669 OF 2025 i IISEP2BS ^ it £*^"601 Section *S5S^I>ATCH®.i' DISPOSING OF THE W.P., WITHOUT COSTS • 5 ■