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High Court of Andhra Pradesh · body

2025 DAILYLAW 22197 (AP)

Sri. Pocha Venkata Reddy, v. The State of Andhra Pradesh,

WP/15875/2025 · 2025-08-11

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010311692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ZF 0^ TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15875 OF 2025 Between: Sri 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, Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The Nandyal Municipality, Represented by its Commissioner, Nandyal, Nandyal District. 4. The Municipal Engineer, Nandyal Municipality, Nandyal, Nandyal District. 5. The Deputy Executive Engineer, Nandyal Municipality, Nandyal, Nandyal District. ...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 an appropriate Writ Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the “1 payments of pending amounts of amount of Respondents in withholding the Rs.16,65,467/-, Rs.25,96,548/- & Rs.3,25,093/- totalling an thousand One hundred and Rs.45,87,108/- (Forty Five lakhs Eighty Eight) for the year 2023-2024, even petitioner in relation to the after finalizing the bills, payable to the works (1.) Providing CC Road and CC Drain from D.No.243 to D.No.289 and D.No. 111 to D.No.iSO at NGOs Coiony in Ward Drain and CC Road from D.No.I 15 to 127 at Barma No. 18. (2.) Providing CC shall area in Ward No.28. (3.) Providing of CC Road from Pole No.SK 7/4A to Ward No.13 as bad, illegal. Hindu Burial ground Padmavathi Nagar in unjust and against the Article 21 of Constitution of India amounts of arbitrary, improper, and consequently direct the Respondents to pay the thousand One hundred and Rs.45,87,108/- (Forty Five lakhs Eighty seven the payments of above bill amount along with 12% Eight) forthwith release 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 may be pleased to direct the respondents to release and pay the amounts of thousand One hundred and of the bill amount along with 12% interest. Rs.45,87,108/- (Forty Five lakhs Eighty seven Eight) release the payments pending disposal of the Writ Petition. Counsel for the Petitioner; SRI T.ASHOK SRIVASTAVA Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMN AND URBAN DEVELOPMENT counsel for the Respondent No.2: GP FOR FINANCE & PLANNING Respondent Nos.3 to 5: SRI G.LAKSHMl NARAYANA, Counsel for the SC FOR MUNICIPALITY The Court made the following order: 1 APHC010311692025 tN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] " rp TUESDAY,THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15875/2025 Between: 1.SR1. POCHA VENKATA REDDY,, S/0. PULLA REDDY, D.NO.2-150 UYYALAWADA MAN DAL, NANDYAL BODEMMANUR VILLAGE 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 DEPARTMENT OF FINANCE AND PLANNING, SECRETARY SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3.THE NANDYAL MUNICIPALITY, REPRESENTED BY ITS COMMISSIONER, NANDYAL, NANDYAL DISTRICT. 4.THE MUNICIPAL ENGINEER, NANDYAL MUNICIPALITY, NANDYAL, NANDYAL DISTRICT. 5.THE DEPUTY EXECUTIVE ENGINEER, NANDYAL MUNICIPALITY, NANDYAL, NANDYAL 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 r pleased tomaybe pleased to issue appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs 16,65,467/-, an Rs.25,96,548/- and Rs.3,25,093/- totalling an amount of Rs.45,87,108/- (Forty Five lakhs Eighty thousand One hundred and Eight) for the year 2023-2024, even after finalizing the bills, payable to the petitioner in relation to the works (1.) Providing CC Road and CO Drain from D.No.243 to D.No.289 and D.No. Ill to D.No.l30 at NGOs Colony in Ward No. 18. (2.) Providing CC Drain and CC Road from D.No.I 15 to 127 at Barma shall in Ward No.28. (3.) Providing of CC Road from Pole No.SK 7/4A to Hindu Burial ground Padmavathi Nagar in Ward No. 13 as bad, illegal, arbitrary, improper, unjust and against the Article consequently direct the Respondents to pay the amounts of Rs.45,87,108/- (Forty Five lakhs Eighty seven thousand One hundred and Eight) forthwith release the payments of above bill amount along with 12percent interest and pass area 21 of Constitution of India and 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 may be pleased to direct the respondents to release and pay the amounts of Rs.45,87,108/- (Forty Five lakhs Eighty seven thousand One hundred and Eight) release the payments of the bill amount along pending disposal of the writ petition and pass 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 with 12% interest. 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15875 of 2025 ORDER: 1. Learned counsel for the petitioner submits that the petitioner has executed works as entrusted by the respondents vide agreement Nos.600/2022-2023, dated 23.02.2022, 233/2022-2023, dated 25.08.2022 and 629/2022-2023, dated 25.03.2023 and submitted final bills in and all to an amount of Rs.45,87,108/-. 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 arguments on both sides. 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 eight (08) weeks from the date of receipt of a copy of this order. 2. 3. 4. Accordingly, the Writ Petition is disposed of. No costs. As a sequel, miscellaneous applications, pending, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1 The Principal Secretary, Department of Municipal Administration & urban Development, State of Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District. r 2. The Principal Secretary, Department of Finance & 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, Nandyal District. 5. The Deputy Executive Engineer, Nandyal Municipality, Nandyal, Nandyal District. 6. One CC to Sri T. Ashok Srivastava, Advocate [OPUC] 7. Two CCs to GP for Municipal Administration & Urban Development, High Court of Andhra Pradesh. [OUT] 8. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 9. One CC to Sri G.Lakshmi Narayana, SC for Municipality. [OPUC] Two CD Copies. 10. ssb V' '4 ?. HIGH COURT DATED:12/08/2025 ORDER WP No.15875 OF 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS