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2025 DAILYLAW 20928 (AP)

KARAMALLI VALLI v. THE STATE OF ANDHRA PRADESH

WP/14940/2025 · 2025-09-02

Harinath N

body2025

Judgment text

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APHC010295162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 14940/2025 Between: 1. KARAMALLI VALLI, S/O LATE. K. KHADARAIAH, AGED ABOUT 45 YEARS, OCC HWC CHAIRAIAN, R/O. D.NO.9-56, NAGOOR COLONY, KUNTRAPAKAM VILLAGE 85 POST, TIRUPATI(RURAL)MANDAL, TIRUPATI 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 DISTRICT COLLECTOR, TIRUPATI DISTRICT. 3. THE VICECHAIRMAN, TIRUPATI URBAN DEVELOPMENT AUTHORITY, TIRUPATI DISTRICT. 4. THE MANDAL PARISHAD DEV OFFICE, MPP, TIRUPATI DISTRICT. 5. THE EXECUTIVE ENGINEER, RWS AND S DIVISION, TIRUPATI DISTRICT. 6. THE DY EXECUTIVE ENGINEER, RWS AND S SUB-DIVISION, CHANDRAGIRI, TIRUPATI DISTRICT. 7. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, 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 tomay be pleased to issue a WRIT OF MANDAMUS declaring the action of the Respondents herein, in withholding the payment of bills i) Rs. 4,41,790/-, ii) Rs. l,77,404/-and iii) Rs. 3,45,114/- in total Rs. 9,64,309/- even after finalizing the bills payable to the petitioner in relation to the work, i.e., i) system for internal street(l) from H.No l-52(Veerapalli Srividya s house) to Tiruchanur main road (2) from H.No 1-57 Padmavathi Nilayam to Nursery along Tiruchanur main road of Srinivasapuram GP, vide Agreement No. /2023-24, Dt. 11.03.2024 , ii) system for internal street(l) from service road to Tirupati by-pass road via. H.No 1-55 Nithya Sri s house (2) from H.No 1-54 Ambati Sumathi s house to Nursery along Tiruchanur main road of Srinivasapuram GP, vide Agreement /2023-24, Dt. 11.03.2024 and iii) Construction of Cement Concrete drainage system from H.No 8-104 D. Venkateswara Rao s house to H.No 8- Construction of Cement Concrete drainage Construction of Cement Concrete drainage No. 133 Rajani Kumari s house at Padmavathipuram of Padmavathipuram GP, vide Agreement No. /2023-24, Dt.7.03.2024 is questioned, as the same is illegal and arbitrary apart from violates of Articles 14, 16, 19 85 300-A of The Constitution of India and consequently direct the respondents to consider for payment of bills i) Rs. 4,41,790/-, ii) Rs. l,77,404/-and iii) Rs. 3,45,114/- in total Rs. 9,64,309/- , 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 such IA 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 may be pleased to DIRECT the respondents to consider for payment of bills i) Rs. 4,41,790/-, ii) Rs. l,77,404/-and iii) Rs. 3,45,114/- in total Rs. 9,64,309/- even after finalizing the bills payable to the petitioner in relation to the work, i.e., i) Construction of Cement Concrete drainage system for internal street(l) from H.No:l-52(Veerapalli Srividya’s house) to Tiruchanur main road (2) from H.No: 1-57 Padmavathi Nilayam to Nursery along Tiruchanur main road of /2023-24, Dt. 11.03.2024”, ii) “Srinivasapuram GP, vide Agreement No. Construction of Cement Concrete drainage system for internal street{l) from service road to Tirupati by-pass road via. H.No: 1-55 Nithya Sri’s house (2) from H.No: 1-54 Ambati Sumathi’s house to Nursery along Tiruchanur main road of Srinivasapuram GP, vide Agreement No. /2023-24, Dt. 11.03.2024” and hi) “ Construction of Cement Concrete drainage system from H.No:8-104 3 D. Venkateswara Rao’s house to H.No:8-133 Rajani Kumari’s house at Padmavathipuram of Padmavathipuram GP, vide Agreement No. /2023- 24, Dt.7.03.2024” with an interest @24% per annum for the delayed amount to the petitioner, pending disposal of the Writ Petition and pass such Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. Karri kalyan Durga Prasad SC FOR TUDA 3. GP FOR FINANCE PLANNING The Court made the following: 4 ORDER:- The petitioner is aggrieved by the non-release of the bills for the work executed by the petitioner. The completion certificate and the approval of the bills were also recorded in the M-Books. 2. Respondent No.3 has filed a counter duly stating that the payments were already released from the 3rd respondent to the 4th respondent and that the 4th respondent has to release the payments. 3. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development and the learned Assistant Government Pleader for Finance & Planning. 4. As the completion of work is not in dispute and approval of bills work is not in dispute, there shall be a direction to the respondent Nos.4 and 7 to release the bills due payable to the petitioner within a period of four (4) weeks from the date of receipt of a copy of this order. 5. Accordingly, the Writ Petition is disposed of. No costs. 6. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Date.03.09.2025 SR