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2025 DAILYLAW 22092 (AP)

Vattem Srinivasa Rao v. The State of Andhra Pradesh,

WP/15712/2024 · 2025-08-13

Harinath N

body2025

Judgment text

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APHC010310622024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15712 OF 2024 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 Secretary Department of Finance and Planning, Velagapudi, Amaravathi, Guntur District. Secretariat Buildings 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 Chilakaluripet, Palnadu District. 6. The District Treasury Officer, Narasaraopet, Palnadu District. 7. The Chief Executive Officer, AP CFMS Office, ArijaheyaTowers, Ibrahrmpafnam, Krishna District. Municipality, 6th Floor, C-Block, ...Respondents ( a" Petition under Article 226 of the Constitution of India praying that 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 Rs.4.54,907/- vide M Book No.57/2022-23, Rs.90,651/- No.96/2022-23, Rs.85,118/- vide M Book amounts of vide M Book No.78/2021-22 and Rs.87,287/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1.Removal of wet silt from Major drain At Ramulavari temple to poleramma temple, Byra Krishna school (SPTRKM) to Sivalayam temple. By-pass Sub-station BhavanaRushi Nagar complex to P.patnam vide M Book No.34/2022-23 to Achukola Bhaskarao, cause way, Umamaheswara vari street, Kottu centre, water works to Kandimalla swamy Temple to Ghandi point, Sivalayam Temple to solasa Sivalayam temple to Urdu school. Needs office to Bisham Sugali colony main Road, pandaripuram Head company Last Gate, Singh Nagar Godavari dhaba to Bank colony ayodhya Apatment House 31st ward in chilakaluripet municipality, vide Agreement No. 161A/2023-24, dated 07.09.2023, 2.Supply and delivery of Repair and Refixing of Municipal office Council Chilakaluripet Municipality, 29.12.2023, all materials and hall power supply in vide Agreement No.273/2023-24, dated 3.Rectification of leak at Titico Houses (52Ecars) iin Chilakaluripet municipality. vide Ageement No. 107/2023-24, 13.07.2023 and 4.Rectification of Leaks at Kandimalla dated Jayamma Hospital street (D.No.3-41, 3-21, 4-208, 4-156/1) in Chilakaluripet Municipality, vide Agreement No.34/2023-24, dated 27.06.2023 is questioned, as the same is Illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.4,54,907/- vide M Book No.57/2022-23 Rs.90,651/- vide M Book No.78/2021-22 and Book No.96/2022-23, Rs.85,118/- vide M Rs.87,287/- vide M Book No.34/2022- 23 with interest @24 percent per annum for the delayed amount to the petitioner in respect of execution of - stiove-mentipned vyork forthwith J 1 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 to direct the respondents to pay for payment of amount of Rs.4,54,907/- vide M Book No.57/2022-23, Rs.90,651/- vide M Book No.96/2022-23 vide M Book No.78/2021-22 & Rs.87,287/- vide M Book No.34/2022-23 Rs.85,118/- with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. 1.Removal of wet silt from Major drain At Ramulavari temple to poleramma temple, Byra Krishna school (SPTRKM) Sivalayam temple to By-pass Sub-station to Achukola Bhaskarao, BhavanaRushi Nagar complex to P.patnam cause way, Umamaheswara swamy Temple to Ghandi point, Sivalayam Temple to solasa vari street, Sivalayam temple to Urdu school. Needs office to Sugali colony main Road, pandaripuram Head water works to Kandimalla Bisham Kottu centre. company Last Gate, Singh Nagar Godavari dhaba to Bank colony ayodhya Apartment House 31st ward in chilakaluripet municipality. Vide Agreement No.161 A/2023-24, dated 07.09.2023, and 2.Supply and delivery of all materials and Repair & RefIxing of Municipal office Council hall power supply in Chilakaluripet Municipality, vide Agreement No.273/2023-24, dated 29.12.2023, 3.Rectification of leak at Titico Houses (52Ecars) in Chilakaluripet municipality, vide Ageement No. 107/2023- 24, dated 13.07.2023 & 4.Rectification of Leaks at Kandimalla Jayamma Hospital street (D.No.3-41, ^-21, 4-208, 4-156/1) in No. 34/2023-24 Petition. Chilakaluripet Municipality, vide Agreement dated 27.06.2023, forthwith, pending disposal of the Writ Counsel for the Petitioner; SRI BATHALA RAMESH Counsel for the Respondent Nos.1,3,5,6; GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent Nos.2 & 7:GP FOR FINANCE PLANNING Counsel for the Respondent No.4: SRI M MANOHAR REDDY The Court made the following order: / APHC010310622024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15712/2024 Between: 1.VATTEM SRINIVASA RAO, , S/O. KRISHNA RAO, AGED ABOUT 47 YEARS, OCC CONTRACTOR, R/O. PATNAM, CHILAKALURIPET, GUNTUR DISTRICT. 36-85, PURUSHOTHAMA ...PETITIONER AND STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF DEPARTMENT: OF MUNICIPAL ADMINISTRATION SECRETARIAT BUILDINGS, 1.THE SECRETARY, AND URBAN DEVELOPMENT, VELAGAPUDl, AMARAVATHI, GUNTUR DISTRICT. ANDHRA PRADESH, REP. BY ITS PRINCIPAL 2.THE STATE OF SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDl, AMARAVATHI, GUNTUR DISTRICT. 3.THE DIRECTOR OF MUNICIPAL ADMINISTRATION, GORANTLA, GUNTUR, GUNTUR DISTRICT. 4.CHILAKALURJPET MUNICIPALITY, REP. BY ITS COMMISSIONER, CHILAKALURIPET, PALNADU DISTRICT. CHILAKALURIPET ENGINEER, 5. THE DEPUTY EXECUTIVE MUNICIPALITY, 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. ...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.4,54,907/- vide M Book No.57/2022-23, Rs.90,651/- vide M Book No.96/2022-23, Rs.85,118/- vide M Book No.78/2021-22 and Rs.87,287/- vide M Book No.34/2022-23, even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1.Removal of wet silt from Major drain At Ramulavari temple to poleramma temple, Byra Krishna school (SPTRKM) to Sivalayam temple. By-pass Sub-station to Achukola Bhaskarao, BhavanaRushi Nagar complex to P.patnam cause way, Umamaheswara swamy Temple to Ghandi point, Sivalayam Temple to solasa vari street, Sivalayam temple to Urdu school. Needs office to Bisham Kottu centre, Sugali colony main Road, pandaripuram Head water works to Kandimalla company Last Gate, Singh Nagar Godavari dhaba to Bank colony ayodhya Apatment House 31st ward in chilakaluripet municipality, vide Agreement No. 161 A/2023-24, dated 07.09.2023, 2.Supply and delivery of all materials and Repair and Refixing of Municipal office Council hall power supply in Chilakaluripet Municipality, 29.12.2023, 3.Rectification of leak at Titico Houses (52Ecars) in Chilakaluripet municipality, vide Ageement No. 107/2023-24, dated 13.07.2023 and 4.Rectification of Leaks at Kandimalla Jayamma Hospital street (D.No.3-41, 3- 4-156/1) in Chilakaluripet Municipality, vide Agreement No.34/2023-24, dated 27.06.2023 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.4,54,907/- vide M Book No.57/2022-23, Rs.90,651/- vide M Book No.96/2022-23, Rs.87,287/- vide M Book No.34/2022- 23 with interest @24 percent annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass vide Agreement No.273/2023-24, dated 21, 4-208, Rs.85,118/- vide M Book No.78/2021-22 and per lANO: 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 ! -f / / / ' 3 Rs.4,54,907/- vide M Book No.57/2022-23, Rs.90,651/- vide M Book No.96/2022-23, Rs.85,118/- vide M Book No.78/2021-22 & Rs.87,287/- vide M Book No.34/2022-23 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. 1 .Removal of wet silt from Major drain At Ramulavari temple to poleramma temple, Byra Krishna school (SPTRKM) to Sivalayam temple, By-pass Sub-station to Achukola Bhaskarao, BhavanaRushi Nagar complex to P.patnam cause way, Umamaheswara swamy Temple to Ghandi point, Sivalayam Temple to solasa vari street, Sivalayam temple to Urdu school. Needs office to Bisham Kottu centre, Sugali colony main Road, pandaripuram Head water works to Kandimalla company Last Gate, Singh Nagar Godavari dhaba to Bank colony ayodhya Apatment House 31st ward in chilakaluripet municipality. Agreement No.161 A/2023-24, dated 07.09.2023, 2.Supply vide Agreement No.161 A/2023-24, dated 07.09.2023, 2.Supply and delivery of all materials and Repair & Reflxing of Municipal office Council hall power supply in Chilakaluripet Municipality, vide No.273/2023-24, dated 29.12.2023, 3.Rectification of leak at Titico Chilakaluripet municipality, vide Ageement No. Agreement Houses (52Ecars) in 107/2023- 24 dated 13.07.2023 & 4.Rectification of Leaks at Kandimalla Hospital street (D.No.3-41, 3-21, 4-208, 4-156/1) in Chilakaluripet No 34/2023-24, dated 27.06.2023, forthwith. Jayamma Municipality, vide Agreement 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 The Court made the following: I 4 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 1571? OF ?n9/i I I ORDER: I 1. Learned counsel for the. petitioner submits that the petitioner has executed works as entrusted by the respondents 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-Book. Though the work progress was recorded in the M-Book, no amounts have been forth coming. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development, for the respondents 1, 3, 5 and 6 and the learned Government Pleader for the Finance & Planning for the respondents 2 and 7; and the learned Standing Counsel for the respondent No.4. Considering the submissions, the respondent Nos.2 and 7 are hereby directed to verify and release the payments due payable to the petitioner expeditiously as possible preferably within a period of four weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed off. No costs. Pending miscellaneous petitions, if any, shall stand closed. a 2. 3. as 4. 5. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// FFICER SEC To 1. The Special Chief Secretary, Department of Municipal Administration And Urban Development, ■Amaravathi,'GuhturDistncf.’ ^ Secretariat Buildings, Velagapudi, 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. 4. The Commissioner, Chilakaluripet Municipality, Rep. by its, 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, 6th Floor, C-Block, Anjaneya Towers, Ibrahimpatnam, Krishna District. 8. One CC to Sri. Bathala Ramesh, Advocate [OPUC] 9. Two CCs to GP For Muncipal Admn Urban Dev, High Court of Andhra Pradesh [OUT] Two CCs to GP For Finance and Planning High Court of Andhra Pradesh [OUT] One CC to Sri M Manohar Reddy, Advocate [OPUC]. Two CD Copies. 10. 11. 12. AL HIGH COURT TL date0:14/08/2025 ORDER WP NO. 15712 OF 2024 foF -e S 2BSEF 2025 S eo/i Currem section 5!£sf*atc»^5’5V' disposing of the w.p. without COSTS