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High Court of Andhra Pradesh · body

2025 DAILYLAW 22198 (AP)

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

WP/15706/2024 · 2025-08-13

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

i i APHC0103.12172024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Bi THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15706 OF 2024 Between: Vattem Srinivasa Rao, S/o. Krishna Rao, Aged about 47 Contractor, R/o. 36-85, Purushothama patnam, Chilakaluripet, Guntur District. ...Petitioner years, Occ; 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 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 Palnadu District. 5. The Deputy 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, Executive Engineer, Chilakaluripet Municipality, 6th Floor, C-Block, ...Respondents Petition under Article 226 of the Constitution of India praying that in the drpumstances stated in the affidavit filed therewith, the High Court may be pteased 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.4,54,808/- vide M Book No.32/2020-21, Rs.89,948/- vide M Book No.52/2022-23 & Rs.4,55,151/- vide M Book No.54/2023-24. even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1.Supply of manmazdoor. Hire charges for Electrical motors. Oil Engines, Zeep and sand bags for filling arrangements for watching with canal water at (OLD and New SS Tanks Filling) in Chilakaluripet Municipality, vide Agreement No.301/2023-24, dated 02.03.2024, 2.Supply of manmazdoor, Zeep and sand bags for filling arrangements for watching with canal water from kottappa konda chamber to New and OLD SS Tanks in Chilakaluripet Municipality, vide Agreement No.88/2023-24, dated 11.07.2023 and 3.Supply of manmazdoor Hire charges For Electrical motors Oil Engine Zeep and sand bags for filling arrangements for watching with canal water from (OLD & NEW SS Tank filling) in Chilakaluripet Municipality, vide Agreement No.06/2024-25, dated 03.04.2024 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.4,54,808/- vide M Book No.32/2020-21,; Rs.89,948/- vide M Book No.52/2022-23 & Rs.4,55,151/- vide M Book No.54/2023-24 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 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.4,54,808/- vide M Book No.32/2020-21, Rs.89,948/- vide M Book No.52/2022-23 & Rs.4,55,151/- vide M Book No.54/2023-24 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. ^ 1.Supply of manmazdoor, Hire charges for Electrical motors, Oil Engines, Zeep and sand bags for filling arrangements for watching with canal water at (OLD & New SS Tanks Filling) in Chilakaluripet Municipality, vide Agreement No.301/2023-24, dated 02.03.2024, 2.Supply of manmazdoor, Zeep and sand bags for filling arrangements for watching with canal water from kottappa konda chamber to New & OLD SS Tanks in Chilakaluripet Municipality, vide Agreement No.88/2023-24, dated 11.07.2023 & 3.Supply of manmazdoor Hire charges For Electrical motors Oil Engine Zeep and sand bags for filling arrangements for watching with canal water from (Old&NEW SS Tank filling) in Chilakaluripet Municipality, vide Agreement No.06/2024-25 03.04.2024, forthwith, pending disposal of the Writ Petition. dated 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. 4 & 5: SMT. SIREESHA RANI VALLABHANENI (SC FOR MUNICIPALITIES) Counsel for the Respondent Nos. 2, 6 & 7: GP FOR FINANCE & PLANNING The Court made the following order: APHC010312172024 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: 15706/2024 [3457] Between: 1.VATTEM SRINIVASA RAO,, S/0. KRISHNA RAO, AGED ABOUT 47 YEARS, OCC CONTRACTOR, R/0. 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, 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 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.4,54,808/- vide M Book No.32/2020-21, Rs.89,948/- vide M Book No.52/2022-23 Sb Rs.4,55, 151/- vide M Book No.54/2023-24, even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1.Supply of manmazdoor. Hire charges for Electrical motors. Oil Engines, Zeep and sand bags for filling arrangements for watching with canal water at (OLD and New SS Tanks Filling) in Chilakaluripet Municipality, vide Agreement No.301/2023-24, dated 02.03.2024, 2.Supply of manmazdoor. 2 Zeep and sand bags for filling arrangements for watching with canal water from kottappa konda chamber to New and OLD SS Tanks in Chilakaluripet Municipality, vide Agreement No.88/2023-24, dated 11.07.2023 and 3.Supply of manmazdoor Hire charges For Electrical motors Oil Engine Zeep and sand bags for filling arrangements for watching with canal water from (01d8BNEW SS Tank filling) in Chilakaluripet Municipality, vide Agreement No.06/2024-25, dated 03.04.2024 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.4,54,808/- vide M Book No.32/2020-21, Rs.89,948/- vide M Book No.52/2022-23 86 Rs.4,55,151/- vide M Book No.54/2023-24 with interest @24 percent 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.4,54,808/- vide M Book No.32/2020-21, Rs.89,948/- vide M Book No.52/2022-23 & Rs.4,55,151/- vide M Book No.54/2023-24 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. 1.Supply of manmazdoor, Hire charges for Electrical motors. Oil Engines, Zeep and sand bags for filling arrangements for watching with canal water at (OLD & New SS Tanks Filling) in Chilakaluripet Municipality, vide Agreement No.301/2023-24, dated 02.03.2024, 2.Supply of manmazdoor, Zeep and sand bags for filling arrangements for watching with canal water from kottappa konda chamber to New & OLD SS Tanks in Chilakaluripet Municipality, vide Agreement No.88/2023-24, dated 11.07.2023 & 3.Supply of manmazdoor Hire charges For Electrical motors Oil Engine Zeep and sand bags for filling arrangements for watching with canal water from (Old&NEW SS Tank filling) in Chilakaluripet Municipality, vide Agreement No.06/2024-25, dated 03.04.2024, 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 The Court made the following: 3 THE HONOURABLE SRIJUSTICE HARINATH.N WRIT PETITION NO: 15706 OF 2024 >■ ORDER: 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 1. 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 2. 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. 3. Considering the submissions, the respondent Nos.2 and 7 are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of six (6) weeks from the date of receipt of a copy of this order. 4. Accordingly, the Writ Petition is disposed off. No costs. 5. Pending miscellaneous petitions, if any, shall stand closed. SD/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Special Chief Secretary, Department of Municipal Administration Velagapudi, And Urban Development, Secretariat Buildings, Amaravathi, Guntur District. 2. The Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The Director of Municipal Administration, District. 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, 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 High Court of Andhra Pradesh [OUT] 11. Two CCs to GP for Finance & Planning High Court of Andhra Pradesh [OUT] 12. Two CD Copies Gorantia, Guntur, Guntur Chilakaluripet Municipality, 6th Floor, C-Block TF HIGH COURT DATE D: 14/08/2025 ORDER WP NO. 15706 OF 2024 DISPOSING OF THE W.P., WITHOUT COSTS