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2025 DAILYLAW 21148 (AP)

VATTEM SRINIVASA RAO v. THE STATE OF ANDHRA PRADESH

WP/15061/2024 · 2025-07-20

Harinath N

body2025

Judgment text

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APHC010298732024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15061/2024 Between: 1. VATTEM SRINIVASA RAO, S/O. KRISHNA RAO, AGED ABOUT 47 YEARS, OCC CONTRACTOR, R/O. 36-85, PURUSHOTHAMA PATNAM, CHILAKALURIPET, GUNTUR DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE DIRECTOR OF MUNICIPAL ADMINISTRATION, GORANTLA, GUNTUR, GUNTUR DISTRICT. 4. CHILAKALURIPET MUNICIPALITY, REP. BY ITS COMMISSIONER, CHILAKALURIPET, PALNADU DISTRICT. 5. THE DEPUTY EXECUTIVE ENGINEER, CHILAKALURIPET MUNICIPALITY, CHILAKALURIPET, PALNADU DISTRICT. 6. THE DISTRICT TREASURY OFFICER, NARASARAOPET, PALNADU DISTRICT. 2 7. THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE, 6TH FLOOR, C-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA 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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amounts of Rs.4,35,262/- vide M Book No. 99/2021-22 and Rs.6,55,529/- vide M Book No. 123/2020-21, even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1. Removal of wet slit from Major drain At Purushothamma patnam to Adda Road, Netra Eys Hospital to Ogeru Vagu, Siva Bar to Ogeru vagu and K.B.Road to Adda road centre, TDP party office to At lodge, CPI Party office to Axis Bank, Kandimalla complany Road, Bank colony to panjabi Dhaba Beside, YSR colony to Jiddu colony. Mother therissa colony to Kodugudlu bazar in 29tli ward Chilakaluripet Municipality, vide Administrative Sanction No. CR No.756, dated 30.06.2023 and 2. Providing CC Road from Sudhakar paster house to Samuel master house 34th ward in Sugali colony in Chilakaluripet Municipality, vide Agreement No. 183/2022-23, dated 15.10.2022 is questioned, as the same is illegal, arbitraiy and consequently direct the respondents to pay for payment of amounts of Rs.4,35,262/- vide M Book No. 99/2021-22 and Rs.6,55,529/- vide M Book No. 123/2020-21 with interest @24 percentage per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass IA NO: 1 OF 2024 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 please to direct the respondents to pay for payment of amount of Rs.4,35,262/- vide M Book No. 99/2021-22 & Rs.6,55,529/- vide M Book No. 123/2020-21 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. 1. Removal of wet slit from Major drain At Purushothamma patnam to Adda Road, Netra Eys Hospital to Ogeru Vagu, Siva Bar to Ogeru vagu & K.B.Road to Adda road centre, TDP party office to At lodge, CPI Party office to Axis Bank, Kandimalla complany Road, Bank colony to panjabi Dhaba Beside, YSR colony to Jiddu colony. Mother therissa colony to Kodugudlu bazar in 29th ward Chilakaluripet Municipality, vide Administrative Sanction No. CR No.756, dated 30.06.2023 3 86 2. Providing CC Road from Sudhakar paster house to Samuel master house 34th ward in Sugali colony in Chilakaluripet Municipality, vide Agreement No. 183/2022-23, dated 15.10.2022, forthwith, pending disposal of the Writ petition and Pass Counsel for the Petitioner: 1. BATHALA RAMESH Counsel for the Respondent(S): 1. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. GP FOR FINANCE PLANNING The Court made the following: 4 Order:- Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Finance and the learned Standing Counsel for the respondent-corporation. 2. Learned counsel for the petitioner submits that the petitioner has completed the works as per Administrative Sanction No. CR No.756, dated 30.06.2023 and Agreement No.183/2022-23, dated 15.10.2022 entrusted by the 4th respondent-Corporation, and submitted the final bills. 3. It is submitted that a total amount of Rs. 4,35,262/- and Rs.6,55,529/- are due and payable by the 4th respondent-corporation to the petitioner on account of the completion of the aforesaid works. However, the said amount has not been paid. 4. Considering the submissions, there shall be a direction to the respondents to verify and release the payments as expeditiously as possible preferably within a period of eight (08) weeks from the date of receipt of a copy of this order. 5. Accordingly, this Writ Petition is disposed off. There shall be no order as to costs. 5 As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 21.07.2025 PNS