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2025 DAILYLAW 23370 (AP)

AKULA RAJA BABU v. THE STATE OF ANDHRA PRADESH

WP/16762/2025 · 2025-08-12

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

\ 1 APHC010329112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16762 OF 2025 Between: Akula Raja Babu, S/o.Swamy, Ramannaiah Peta,Kakinada. Age 50 years, 70-3-19,RTC Colony ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Municipal Administration And Urban Development Department, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Municipal Corporation, Kakinada, rep. by its Commissioner, Kakinada Kakinada District. 3. Municipal Corporation, Kakinada, Rep. by its Executive Engineer Kakinada District. 4. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Velagapudi, Amaravathi, Guntur District. Secretariat Buildings ...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 Respondents in withholding the payments of pending amounts of Rs. 17,21,457/- (Seventeen Lakhs, Twenty One Thousand, Four Hundred and Fifty Seven Rupees only) even after finalizing the bills payable to the petitioner in relation to the works I. Providing one side lighting With 7 Mts Hot DIP Galvanized poles at recherlapeta main road in 8th Division., Agreement No.793/2016- 2017,Dated 31.07.2017, II. Providing one side lighting with 7 mts .Hot DIP Galvanized poles at peddavari street recherlapeta in Division Agreement no.791/2016- 2017 Dated 31.03.2017 For the year 2017 as bad .illegal, arbitrary, improper, unjust and against the Article 21 of constitution of india and consequently direct the respondents to pay the amounts of Rs. 17,21,457/- (Seventeen Lakhs, Twenty One Thousand, Four Hundred and Fifty Seven Rupees only) with interest @ 24% per annum for the delayed amount till date of realization for the works executed by the petitioner. i.e 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 to direct the respondents to releasing the amounts Rs. 17,21,457/- (Seventeen Lakhs, Twenty One Thousand, Four Hundred and Fifty Seven Rupees only) payable to him, pending disposal of the write petition. Counsel for the Petitioner: SRI DEVASRI ROSHAN KANCHARLA Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3:SRI M.KRISHNA RAO, SC FOR MUNICIPAL CORPORATIONS Counsel for the Respondent No.4:GP FOR FINANCE & PLANNING The Court made the following order: APHC010329112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16762/2025 Between: 1.AKULA RAJA BABU, S/O.SWAMY, AGE 50 YEARS ,70-3-19,RTC COLONY, RAMANNAIAH PETA,KAKINADA. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL MUNICIPAL ADMINISTRATION AND SECRETARIAT BUILDING, SECRETARY, DEVELOPMENT DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR. URBAN 2.THE MUNICIPAL CORPORATION, KAKINADA COMMISSIONER, KAKINADA KAKINADA DISTRICT. REP.BY ITS 3.MUNICIPAL CORPORATION, KAKINADA, REP.BY ITS EXECUTIVE ENGINEER KAKINADA DISTRICT. 4.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. DEPARTMENT OF FINANCE AND PLANNING ...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 an appropriate Writ Order or direction particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. more 2 ^ 17,21,457/- (Seventeen Lakhs, Twenty One Thousand, Four Hundred and Fifty Seven Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e I. Providing one side lighting With 7 Mts Hot DIP Galvanized poles at recherlapeta main road in 8th Division., Agreement No.793/2016- 2017,Dated 31.07.2017, H.Providing one side lighting with 7 mts .Hot DIP Galvanized poles at peddavari street recherlapeta in 6th Division.Agreement no.79172016-2017 Dated 31.03.2017 For the year 2017 as bad ,illegal, arbitrary, improper, unjust and against the Article 21 of constitution of india and consequently direct the respondents to pay the amounts of Rs. 17,21,457/- (Seventeen Lakhs, Twenty One Thousand, Four Hundred and Fifty Seven Rupees only) with interest @ 24 percentage per annum for the delayed amount till date of realization for the works executed by the petitioner and pass 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 pleased to direct the respondents to releasing the amounts Rs. 17,21,457/- (Seventeen Lakhs, Twenty One Thousand, Four Hundred and Fifty Seven Rupees only) payable to him, pending disposal of the write petition and pass Counsel for the Petitioner: 1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1 .GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING The Court made the following: 3 ^ Order:- Learned counsel for the petitioner submits that the petitioner has executed works entrusted by the respondent-corporation vide Agreement Nos.793/2016- 2017, dated 31.07.2017 and 791/2016-2017, dated 31.03.2017 and submitted the final bills. It is submitted that the competent authority has recorded the progress of the works and certified the same in the M-Book. It is further submitted that, in all, an amount of Rs. 17,21,457/- is due and payable by the respondents to the petitioner. Though the progress of the works was recorded in the M-Book, no amount has been forthcoming. 2. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development; the learned Assistant Government Pleader for Finance & Planning, and the learned Standing Counsel for the respondent-corporation. 3. Considering the submissions, the respondent Nos.2 to 4 are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of six (06) weeks from the date of receipt of a copy of this order. 4. Accordingly, the Writ Petition is disposed of. No costs. 5. Pending miscellaneous petitions, if any, shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// /Iw" SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration Development Department, State of Andhra Pradesh, Building, Velagapudi, Amaravathi, Guntur. 2. The Commissioner, Municipal Corporation, Kakinada Kakinada District. And Urban Secretariat 3. The Executive Engineer, Municipal Corporation, Kakinada, Kakinada District. 4. The Principal Secretary, Department of Finance and Planning, State of Amaravathi, Andhra Pradesh, Secretariat Buildings, Velagapudi Guntur District. 5. One CC to Sri Devasri Roshan Kancharla, Advocate [OPUC] 6. One CC to Sri M.Krishna Rao, SC for Municipal Corporations[OP UC] 7. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 8. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 9. Two CD Copies. ssb HIGH COURT DATED: 13/08/2025 ^^OFANOJ;^^ I S0AU6 2025 ^ ^CurrenlSeciion ORDER WP No.16762 OF 2025 OV C9/, DISPOSING OF THE W.P. WITHOUT COSTS