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2025 DAILYLAW 22072 (AP)

POCHA VENKATA REDDY v. THE STATE OF AP

WP/15870/2025 · 2025-08-05

Harinath N

body2025

Judgment text

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APHC010311232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15870 OF 2025 Between: Pocha Venkata Reddy, S/o. Pulla Reddy, D.No.2-150, Bodemmanur village Uyyalawada Mandal, Nandyal District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary Department of Municipal Administration and Urban Development Secretariat Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Amaravathi, Guntur District. 3. The Nandyal Municipality, Represented by its Commissioner, Nandyal Nandyal District. 4. The Municipal Engineer, Nandyal Municipality, Nandyal, District. 5. The Deputy Executive Engineer, Nandyal Municipality, Nandyal, Nandyal District. Secretariat, Velagapudi, Nandyal ...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 1 i pleased to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the Rs.27,15,261/- payments of pending amounts of Rs. 12,15,755/-, Rs. 19,81,824/- totalling an amount of Rs.59,12,840/- (Fifty Nine lakhs Twelve thousand Eight Hundred and forty) for the year 2023-2024, even after finalizing the bills, payable to the petitioner in relation to the works (1.) Providing internal CC roads CC Drains from Digital D.No.l40 to Digital D.No.104 at Sadiq Nagar in ward No.29. (2.) Laying of 160 mm dia HDPE pipe line from Atmakur bus stand to Harizanawada (SC) under 15 F.C.Grant Tied Grant installment (3'"' call). (3.) Laying of 110mm dia HDPE pipe line from D.N0.26/591-B NA to electrical pole No.BC-ll/19, 26/470-H2 to Mallamma Temple, Elec No.BR-S4 to Masq, Elec N0.BR-S8 to end of road, D.No.30/590- A to 30/615-B-Na, Elec No.GN-lll-5/4 to end of road. Elec No.GN-lll-3/R to end of road, D.No.30/536-Z to 30/536, Elec No.GN-lll-1/2 to GN-lll-l/2b in ward No.28 as bad, illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and consequently direct the Respondents to pay the amounts of Rs.59,12,840/- (Fifty Nine lakhs Twelve thousand Eight Hundred and forty) forthwith release the payments of above bill amount along with 12% interest. 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 direct the respondents to release and pay the amounts of Rs.59,12,840/- (Fifty Nine lakhs Twelve thousand Eight Hundred and forty) release the payments of the bill amount along with 12% interest, pending disposal of the writ petition. % Counsel for the Petitioner: SRI THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2:GP FOR FINANCE AND PLANNING Counsel for the Respondent Nos.3 to 5: SRI G. LAKSHMI NARAYANA, SC FOR MUNICIPALITIES The Court made the following order: f APHC010311232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15870/2025 Between; 1.POCHA VENKATA REDDY, S/0. PULLA REDDY BODEMMANUR VILLAGE, DISTRICT. D.NO.2-150, NANDYAL UYYALAWADA MAN DAL, ...PETITIONER AND 1.THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN AMARAVATHI, DEVELOPMENT SECRETARIAT VELAGAPUDI GUNTUR DISTRICT. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL DEPARTMENT OF FINANCE AND PLANNING, 2.THE SECRETARY SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. BY ITS REPRESENTED MUNICIPALITY, COMMISSIONER, NANDYAL, NANDYAL DISTRICT. 3.THE NANDYAL 4.THE MUNICIPAL ENGINEER, NANDYAL MUNICIPALITY, NANDYAL, NANDYAL DISTRICT. 5.THE DEPUTY EXECUTIVE ENGINEER, NANDYAL MUNICIPALITY, NANDYAL, NANDYAL DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1 .THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING The Court made the following: 3 Order- Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Finance and the learned Standing Counsel for the respondent-corporation. Learned counsel for the petitioner submits that the petitioner has completed the works 1) Providing internal CC roads & CC Drains from Digital D.No.140 to Digital D.No.104 at Sadiq Nagar in ward No.29; 2) Laying of 160 mm dia HDPE pipe line from Atmakur bus stand to Harizanawada (SC) under 15**' F.C.Grant Tied Grant installment (3'^^ call); 3) Laying of 110mm dia HDPE pipe line from D NO 26/591B NA to electrical pole No BCII/19 26/470H2 to Mallamma Temple Elec.No.BR-S4 to Masq, Elec.NO BRS8 to end of road, D No 30/590 A to 30/615-B-Na, Elec.No GN-lll- 5/4 to end of road, Elec.No.GN-lll-3/R to end of road D.No.30/536-Z to 30/536, Elec.No.GN-lll-1/2 to GN-lll-l/2b in ward No 28 entrusted by the concerned respondent-Corporation, and submitted the final bills. 2. It is submitted that a total amount of Rs.59,12,840/- is due and payable by the concerned respondent-corporation to the petitioner on account of the completion of the aforesaid works. However, the said amount has not been 3. paid. direction to the Considering the submissions, there shall be a respondents to verify and release the payments as expeditiously as possible 4. 4 H, 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. As a sequel, miscellaneous petitions pending, if aqy/\shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR SECTIONOFFICER //TRUE COPY// To, 1. The Principal Secretary, Department of Municipal Administration and Urban Development, State of Andhra Pradesh, Secretariat Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The Commissioner, Nandyal Municipality, Nandyal, Nandyal District. 4. The Municipal Engineer, Nandyal Municipality, Nandyal District. 5. The Deputy Executive Engineer, Nandyal Municipality, Nandyal, Nandyal District. 6. One CC to Sri Thathireddy Ashok Srivastava, Advocate [OPUC 7. One CC to Sri G. Lakshmi Narayana, SC for Municipalities[OPUC ] 8. Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Finance and Planning High Court of Andhra Pradesh [OUT] 10. Two CD Copies. Nandyal ssb HIGH COURT DATED:06/08/2025 y!^ ^ 0 2 SEP 2025 I ^ . Current Section . ^ ^%J^SSpaTCW^s:^ ORDER WP No. 15870 OF 2025 •a DISPOSING OF THE W.P. WITHOUT COSTS