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2025 DAILYLAW 22066 (AP)

VATTEM SRINIVASA RAO v. THE STATE OF AP

WP/15714/2024 · 2025-09-08

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010310672024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 'ik. m :ou W ! 5 TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE ^ PRESENT X' HONOURABLE SRI JUSTICE HARINATH.N X WRIT PETITION NO: 15714 OF 2024 Between; Vattem Srinivasa Rao, S/o. Krishna Rao, Aged about 47 years, Occ: Contractor, ^ R/o. 36-85, Purushothama patnam District. Chilakaluripet, Guntur ...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 Velagapudi, Amaravathi, Guntur District. 3. The Director of Municipal Administration, Gorantia, 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. 7. The Chief Executive Officer, AP CFMS Office, 6*'^ Floor, C-Block, Anjaneya Towers, Ibrahimpatnam, Krishna District. Secretariat Buildings ...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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amounts of Rs.3,32,801/- vide M Book No. 17/2022-23, Rs.49,407/- vide M Book No.35/2020-21 and Rs.3,65,291/- vide M Book No. 110/2020-21, even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1.Repair of Pot Holes in 3^^ 4‘^ 5‘^ 6'^ 8*^ 9th and 12*^ Ward sachivalayams in Chilakaluripet Municipality, vide Agreement No.273/2022-23, dated 17.01.2023, 2.Construction of CC drain and CC road from D.No.27-141 to D.No.27-137 at Shadikhana bazar in 24th ward in at Various Places Chilakaluripet Municipality, vide Agreement No.44/2022-23, dated 09.05.2022 and 3.Filling with gravel for Muslim Burrial Ground at South west side (Entrance Gate) Maddi Nagar in 13th and 14*^ wards of Chilakaluripet Municipality, vide Agreement No. 119/2023-24, questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.3,32,801/- vide M Book No. 17/2022-23, Rs.49,407/- vide M Book No.35/2020-21 and Rs.3,65,291/- vide M Book No. 110/2020-21 with interest @24% per annum for the delayed amount to the^etitioner in respect of execution of above- mentioned work forthwith. ^ dated 27.07.2023 is lA NO: 1 OF 2024 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 pay for payment of amount Rs.3,32,801/- vide M Book No. 17/2022-23, Rs.49,407/- No.35/2020-21 & Rs.3,65,291/- vide M Book No. 110/2020-21 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. I.Repair of Pot Holes in 3^^ 4*^ 5^^ 6*^ 8*^ 9^'^ and 12‘^ of vide M Book Ward sachivalayams at Various Places in Chilakaluripet Municipality, vide Agreement No.273/2022-23, dated 17.01.2023, 2.Construction of CC drain and CC road from D.No.27-141 to D.No.27-137 at Shadikhana bazar in 24‘^ ward in Chilakaluripet Municipality, vide Agreement No.44/2022- 23, dated 09.05.2022 & 3.Filling with gravel for Muslim Burrial Ground at Soutg west side (Entrance Gate) Maddi Nagar in 13*^ & 14‘^ wards of Chilakaluripet Municipality, vide Agreement No. 119/2023-24, dated 27.07.2023, forthwith, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI BATHALA RAMESH Counsel for the Respondent Nos.1, 3, 5 & 6 : GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 7 : GP FOR FINANCE AND PLANNING Counsel for the Respondent No.4 : Mrs. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES The Court made the following order: APHC010310672024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15714/2024 Between: 1.VATTEM SRINIVASA RAO, S/0. KRISHNA RAO, AGED ABOUT 47 R/0. 36-85, PURUSHOTHAMA YEARS, OCC CONTRACTOR, PATNAM, CHILAKALURIPET, GUNTUR DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN SECRETARIAT BUILDINGS, VELAGAPUDI, DEVELOPMENT, AMARAVATHI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. DEPARTMENT OF FINANCE AND PLANNING 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, IBRAHIMPATNAM, KRISHNA C-BLOCK, ANJANEYA TOWERS, 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.3,32,801/- vide M Book No. 17/2022-23, Rs.49,407/- vide M Book No.35/2020-21 and Rs.3,65,291/- vide M Book No. 110/2020-21,even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1.Repair of Pot Holes in 3rd, 4th, 5th, 6th, 8th, 9th and 12th Ward sachivalayams at Various Places in Chilakaluripet Municipality, vide Agreement No.273/2022-23, dated 17.01.2023, 2.Construction of CC drain and CC road from D.No.27-141 to D.No.27-137 at Shadikhana bazar in 24th ward in Chilakaluripet Municipality, vide Agreement No.44/2022-23, dated 09.05.2022 and 3.Filling with gravel for Muslim Burrial Ground at South west side (Entrance Gate) Maddi Nagar in 13th and 14th wards of Chilakaluripet Municipality, vide Agreement No. 119/2023-24, dated 27.07.2023 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.3,32,801/- vide M Book No. 17/2022-23, Rs.49,407/- vide M Book No.35/2020-21 and Rs.3,65,291/- vide M Book No. 110/2020-21 with interest @24 percentage per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith and pass lA 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.3,32,801/- vide M Book No. 17/2022-23, Rs.49,407/- vide M Book No.35/2020-21 & Rs.3,65,291/- vide M Book No. 110/2020-21 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works j.e. I.Repair of Pot Holes in 3rd, 4th, 5th, 6th, 8th, 9th and 12th Ward sachivalayams at Various Places in Chilakaluripet Municipality, vide Agreement No.273/2022-23, dated 17.01.2023, 2.Construction of CC drain and CC road from D.No.27-141 to D.No.27-137 at Shadikhana bazar in 24th ward in Chilakaluripet Municipality, vide Agreement No.44/2022- 23, dated 09.05.2022 & 3.Filling with gravel for Muslim Burrial Ground at Soutg 3 west side (Entrance Gate) Maddi Nagar in 13th & 14th wards of Chilakaluripet Municipality, vide Agreennent No, 119/2023-24, dated 27.07.2023, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1.BATHALA RAMESH Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 3.GP FOR FINANCE PLANNING The Court made the following: fY- Order:- Learned counsel for the the 3 works entrusted by the dated 17.01.2023, (ii) Agreement Agreement No. 119/2023-24 dated is submitted that the and certified the Rs.3.32,801/-, petitioner submits that the petitioner has executed respondents vide (i) Agreement No. 273/2022-23 No. 44/2022-23 dated 09.05.2022, 27.07.2023 and has submitted competent authority has recorded the and (iii) the final bills. It progress of the works a total amount of is due and payable by the same in the M-Book. It is further submitted that Rs.49,407/- and Rs.3.65,291/- Though the respondents to the petitioner, recorded in the M-Book, Heard the learned progress of the works has been no payment has been forthcoming. 2. counsel for the petitioner, Administration and Urban the learned Assistant Government Pleader for Municipal Development; the Pleader for Finance & Planning, and the learned learned Assistant Government Standing Counsel for the respondent Municipality. Considering the submissions, the respondents 3. are hereby directed to verify petitioner as and release the possible preferably within payments due payable to the a period of four (04) weeks from the expeditiously as date of receipt of a copy of this order. 4. Accordingly, the Writ Petition Is disposed off. No costs. Pending miscellaneous petitions. 5. if any, shall stand closed. //true COPY// Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR To, SECTION OFFICER 1- The Special Chief And Urban Secretary. Department Municipal Administrati Am Andhra Pradesh, Secretariat AmaravathI, Guntur District. ’ ^®Partment of Finance Secretariat Development, Buildings, Velagapudi, 2. The Principal Secretary Andhra Pradesh, on and Planning, state of t Amaravathi. Buildings, Velagapudi. Guntur District. / 3. The Director of Municipal Administration, Gorantia, Guntur, Guntur District. 4. The Commissioner, Chilakaluripet Municipality, Chilakaluripet , Palnadu District. 5. The Deputy Executive Engineer, Chilakaluripet Municipality, Chilakaluripet, Palnadu District. 6. The District Treasury Officer, Narasaraopet, Palnadu District. 7. The Chief Executive Officer, AP CFMS Office, 6*^ Floor, C-Block, Anjaneya Towers, Ibrahimpatnam, Krishna District. 8. One CC to Sri Bathala Ramesh, Advocate [OPUC] 9. Two CCs to GP for Municipal Admn & Urban Development, High Court of Andhra Pradesh [OUT] 10.One CC to Mrs. Sireesha Rani Vallabhaneni, SC for Municipality [OPUC] 11.Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 12.TWO CD Copies Cnr HIGH COURT DATED:09/09/2025 ORDER WP NO. 15714 OF 2024 5 ?l SEP 2025 ^ . Current Section . ^ DISPOSING OF THE W.P. WITHOUT COSTS