KALLAM INFRA DEVELOPERS v. THE STATE OF ANDHRA PRADESH
WP/16451/2024 · 2025-08-18
Harinath N
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 22990 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22990 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010326872025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16451/2025 Between:
1. D VENKATARAMANA NAIDU, S/O. LATE CHENCHU NAIDU, AGED ABOUT 67 YEARS R/O. KONATHANERI VILLAGE, THOTTAMBEDU MANDAL, CHITTOOR DISTRICT, A.P.
2. BODIREDDY SALAMMA,, W/O. LATE B. JAYARAMI REDDY, AGED ABOUT 71 YEARS R/O.D.NO. 8-30, PADMAVATHI PURAM, TIRUPATI (RURAL) MANDAL, TIRUPATI DISTRICT. ...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY
REVENUE DEPARTMENT, A.P.SECRETARIAT AMARAVATHI, GUNTUR DISTRICT
2. THE DISTRICT COLLECTOR, TIRUPATI DISTRICT, TIRUPATI
3. THE JOINT COLLECTOR, TIRUPATI DISTRICT, TIRUPATI
4. THE REVENUE DIVISIONAL OFFICERRDO, TIRUPATI REVENUE DIVISION TIRUPATI, TIRUPATI DISTRICT, A.P
5. THE TAHSILDAR, TIRUPATI (RURAL) MANDAL, TIRUPATI, TIRUPATI DISTRICT, A.P
6. THE MANDAL SURVEYOR, TIRUPATI (RURAL) MANDAL, TIRUPATI, TIRUPATI DISTRICT, A.P
...RESPONDENT(S):
2 HN, J W.P.No.16451_2024
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 order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents, more particularly Respondent No.5, in issuing endorsement vide PGRS No. TPT202503107256 dated 18.06.2025 thereby rejecting the application of petitioners for subdivision of revenue records in the individual names of petitioners for the subject properties i.e. an extent of Ac. 2.50 situated in Sy. No. 377/3 of Avilala Village, Tirupati (Rural) Mandal, Tirupati District belonging to the Petitioner No.1 and an extent of Ac. 3.20 cents situated in Sy.
No. 377/3 of Avilala Village, Tirupati (Rural) Mandal, Tirupati District of Tirupati (Rural) Mandal, Tirupati District belonging to the Petitioner No.2 as illegal, arbitrary, unconstitutional, contrary to the provisions of The Andhra Pradesh Rights In Land And Pattadar Pass Books Act, 1971 and the rules made there under besides being violative of articles 14, 21 and 300(A) of the Constitution of India and consequently direct the 5 Respondent herein to effect the subdivision of revenue records in the individual names of petitioners for the subject properties mentioned supra and pass such IA 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 Respondent No.2 to 6 herein to effect the subdivision of revenue records in the individual names of petitioners for the subject properties i.e. an extent of Ac. 2.50 situated in Sy. No. 377/3 of Avilala Village, Tirupati (Rural) Mandal, Tirupati District belonging to the Petitioner No.1 and an extent of Ac. 3.20 cents situated in Sy. No. 377/3 of Avilala Village, Tirupati (Rural) Mandal, Tirupati District of Tirupati (Rural) Mandal, Tirupati District belonging to the Petitioner No.2 and pass such Counsel for the Petitioner(S):
1. P JAGADISH CHANDRA PRASAD Counsel for the Respondent(S):
1. GP FOR REVENUE
3 HN, J W.P.No.16451_2024
ORDER:
Heard learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development, learned Assistant Government Pleader for Finance and Planning and learned Standing Counsel for Municipal Corporation.
2.
Learned counsel appearing for the petitioner submits that the writ petition is filed by the contractor, who executed various works within the limits of the Mangalagiri-Tadepalli Municipal Corporation. The petitioner has completed the works to the satisfaction of the Mangalagiri-Tadepalli Municipal Corporation and the final bills were also approved by the competent authority. However, the bills were not released. The petitioner executed the works during the year 2022–23, and also executed some works in the year 2024. It is submitted that the competent authority has approved the bills; however, there has been no payment forthcoming from the Corporation. Aggrieved by the non-payment of the bills by the Corporation, the petitioner has approached this Court by way of the above writ petition. 3. Learned Standing Counsel appearing for Corporation submits that on 09.08.2024, the Vigilance Enquiry was initiated against the works executed by the petitioner and the Vigilance Enquiry is being conducted on the works which are entrusted to the petitioner. It is also submitted in the counter that the Vigilance Department is taking up verification of the works executed by the petitioner for the year 2019-2024 and the reports were awaited. 4 HN, J W.P.No.16451_2024
4. Considering the submissions of learned counsel for the petitioner and learned Standing Counsel for the respondents, this Court is of the considered view that the bills due payable to the petitioner for the works executed by him would have to be paid without any further delay. There is no time frame for completion of the vigilance enquiry. That apart the learned Standing Counsel has not submitted on the methodology adopted by the vigilance committee to verify the works completed about five years ago. In so far as the Vigilance Enquiry is concerned, in the event an adverse report against the works completed by the petitioner is arrived at, the respondents shall have the right to proceed against the petitioner in accordance with law. Further, the petitioner shall submit a security bond for the amount released and in case it is found that they are due payable, the department can take appropriate action for recovery of the amount. It is needless to mention that the said exercise shall be completed within a period of eight (08) weeks from the date of receipt of a copy of this order. 5. Accordingly, the Writ Petition is disposed off. There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N
Date: 19.08.2025 NKA
5 HN, J W.P.No.16451_2024
76 THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 16451 of 2024 Date: 19.08.2025
NKA