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2025 DAILYLAW 22089 (AP)

Vattem Srinivasa Rao, v. The State of Andhra Pradesh,

WP/15732/2024 · 2025-08-18

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

¥ ¥ ¥ ¥ APHC010310612024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15732 OF 2024 u Between: 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 Secretaiy, Secretariat Buildings, 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, Palnadu District. 6. The District Treasury Officer, Narasaraopet, Palnadu District. 7. The Chief Executive Officer, AP CFMS Office, Anjaneya Towers, Ibrahimpatnam, Krishna District Chilakaluripet Municipality, 6th Floor, C-Block, ...Respondents r 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 the action of the Respondents not releasing the amounts . . ls.3;96,758/- vide M Book No. 111/2020-21, Rs.54,817/- vide M Book No.68/2020-21 and Rs.88,671/- vide M Book of A: ■/ ) No.205/2020-21, even after finalizing the bills, payable to the petitioner in relation to the works i.e. 1.Filling with gravel for Muslim Burrial Ground west side at Maddi 13th and 14th wards nagar in in Chilakaluripet Municipality, vide Agreement No.219/2022-23, dated 24.11.2022, 2.Supply and delivery arrangements for conducting Council Budget meeting dt-31.12.2022 at Municipai council hall in Chilakaluripet Municipality^ vide Agreement No.264/2022-23, 31.12.2022 and 3.Supply and Arrangements for Inauguration Arogya Suraksha” Programme by Honorable Minister dated of “Jaganna for Health, Family Welfare and Medical Education Smt. Vidadala Rajini garu at Government AREA Hospital in Chilakaluripet Municipality, vide Agreement No. 178/2023- 24, dated 30.09.2023 is questioned, as the same is iliegal, arbitrary and consequentiy direct the respondents to pay for payment of amounts of Rs.3,96,758/- vide M Book No. 111/2020-21, No.68/2020-21 and Rs.88,671/- vide Rs.54,817/- vide M Book M Book No.205/2020-21 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith. lA NO: 1 OF 2C)9A Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court direct the respondents to pay for payment of amount may be pleased to of Rs.3,96,758/- vide M Rs.54,817/- vide M Book No.68/2020-21 & interest @24% per annum for in respect of execution of works i.e. west side at Maddi nagar in Book No. 111/2020-21, Rs.88,671/- vide M Book No.205/2020-21 with the delayed amount to the petitioner 1.Filling with gravel for Muslim Burrial Ground p 13th & 14th wards in Chilakaluripet Municipality, vide Agreement No.219/2022-23, dated 24.11.2022, 2.Supply and delivery arrangements for conducting Council Budget meeting dt;31.12.2022 at Municipal council hall in Chilakaluripet Municipality, vide Agreement No.264/2022-23 31.12.2022 & 3.Supply and Arrangements for Inauguration of "Jaganna Programme by Honorable Minister for Health, Family dated Arogya Suraksha Welfare & Medical Education Smt. Vidadala Rajini garu at Government AREA Hospital in Chilakaluripet Municipality, vide Agreement No. 178/2023-24, dated 30.09.2023, forthwith, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI BATHALA RAMESH Counsel for the Respondent Nos. 1 & 3: GP FOR MUNCIPAL ADMN & URBAN DEV Counsel for the Respondent Nos. 2, 6 & 7: GP FOR FINANCE & PLANNING Counsel for the Respondent Nos. 4 & 5: SMT. SIREESHA RANI VALLABHANENI (SC FOR MUNICIPALITIES) The Court made the following order: 1 0 HN, J W.P.No.15732 2024 APHC010310612024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15732/2024 Between: 1.VATTEM SRINIVASA RAO,, S/0. KRISHNA RAO, AGED ABOUT 47 YEARS, OCC- CONTRACTOR, PATNAM, CHILAKALURIPET, GUNTUR DISTRICT. R/0. 36-85, PURUSHOTHAMA ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. SECRETARIAT BUILDINGS, 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT OF FINANCE AND PLANNING, SECRETAIY, 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 2 W.P.No.15732 2024 • K DISTRICT. 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 tomay 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.3,96,758/- vide M Book No. 111/2020-21, Rs.54,817/- vide M Book No.68/2020-21 and Rs.88,671/- vide M Book No.205/2020-21, even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1.Filling with gravel for Muslim Burrial Ground west side at Maddi nagar in 13th and 9 14th wards in Chilakaluripet Municipality, vide Agreement No.219/2022-23, dated 24.11.2022, 2.Supply and delivery arrangements for conducting Council Budget meeting dt-31.12.2022 at Municipal council hall in Chilakaluripet Municipality, vide Agreement No.264/2022-23, dated 31.12.2022 and 3.Supply and Arrangements for Inauguration of Jaganna Arogya Suraksha Programme by Honorable Minister for Health, Family Welfare and Medical Education Smt. Vidadala Rajini garu at Government AREA Hospital in Chilakaluripet Municipality, vide Agreement No. 178/2023-24, dated 30.09.2023 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.3,96,758/- vide M Book No. 111/2020-21, Rs.54,817/- vide M Book No.68/2020-21 and Rs.88,671/- vide M Book No.205/2020-21 with interest @24percent 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 may please to direct the respondents to pay for payment of amount of Rs.3,96,758/- vide M Book No. 111/2020-21, Rs.54,817/- vide M Book No.68/2020-21 & Rs.88,671/- vide M Book No.205/2020-21 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. 1.Filling with gravel for Muslim Burrial Ground west side at Maddi nagar in 13th & 14th wards in Chilakaluripet Municipality, vide 3 HN, J W.P.No.l5732_2024 / Agreement No.219/2022-23, dated 24.11.2022, 2.Supply and delivery arrangements for conducting Council Budget meeting dt;31.12.2022 at Municipal council hall in Chilakaluripet Municipality, vide Agreement No.264/2022-23, dated 31.12.2022 & 3.Supply and Arrangements for Inauguration of "Jaganna Arogya Suraksha” Programme by Honorable Minister for Health, Family Welfare & Medical Bducation Smt. Vidadala Rajini AREA Hospital in Chilakaluripet Municipality, vide V garu at Government Agreement No. 178/2023-24, dated 30.09.2023, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1.BATHALARAMESH Counsel for the Respondent(S): 1 .GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR FINANCE PLANNING 4. The Commissioner, Chilakaluripet Municipality, Chilakaluripet , Palnadu District. 5. The Deputy Executive Engineer Chilakaluripet, Palnadu District. 6. The District Treasury Officer, Narasaraopet, Palnadu District. 7. The Chief Executive Officer, AP CFMS Office, 6th Floor, C-Block, Anjaneya Towers, Ibrahimpatnam, Krishna District 8. One CC to Sri Bathala Ramesh, Advocate [OPUC] 9. One CC to Smt. Sireesha Rani Vallabhaneni (SC for Municipalities), Advocate [OPUC] 10. Two CCs to GP for Muncipal Admn Urban Dev, Fligh Court of Andhra Pradesh [OUT] 11. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 12. Two CD Copies Chilakaluripet Municipality, TF 4 HN, J W,P.No.l5732_2024v THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15732 of 2024 ORDER: Learned counsel for the petitioner submits that the petitioner has executed works as entrusted by the respondents vide agreement Nos.219/2022/2023, dated 24.11.2022, 264/2022-2023, dated 31.12.2022 and 178/2023-2024, dated 30.09.2023 and submitted final bills. It is submitted that the competent authority has also recorded the progress of work and certified the work in the M-Books. Though the work progress was 1. recorded in the M-Books, no amounts have been forth coming. 2. Heard the arguments on both sides. 3. Considering the submissions, the respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of four (04) weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs. As a sequel, miscellaneous applications, pending i| any, shall stand 4. closed. SDI- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Special Chief Secretary, Department of Municipal Administration Secretariat Buildings, Velagapudi, And Urban Development, Amaravathi, Guntur District. 2. The Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The Director of Municipal Administration, Gorantia, Guntur, Guntur District. HIGH COURT DATED:19/08/2025 ORDER WP NO. 15732 OF 2024 DISPOSING OF THE W.P., WITHOUT COSTS