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High Court of Andhra Pradesh · body

2025 DAILYLAW 23871 (AP)

M. Satya Brahmanudu, v. The State of Andhra Pradesh,

WP/17223/2025 · 2025-08-18

Harinath N

body2025

Judgment text

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9 9 APHC010337162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE o PRESENT -J9 HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITIONNO: 17223 OF 2025 A .I*.- , / 'y' Between: M. Satya Brahmanudu,, S/o. M. Narayana Murthy Aged about 51 years, Occ Contractor, R/o. D.No. 2-143, Ramalayam street, Edarapalli, Amalapuram, Dr. B. R. Ambedkar Konaseema District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Government, to Municipal Administration Department, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. Secretariat 2. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Finance Department, Amaravathi, Thuiiur Mandai, Guntur District. Secretariat, Velagapudi 3. The Director of works and Account Officer, Anjaneya Towers ibrahimpatnam, Krishna District. 4. The District Collector and District Magistrate, (MA Amalapuram, Dr. B. R. Ambedkar Konaseema District. 5. The Commissioner and Director of Municipal Administration, Sri Krishna Enclave, Gorantia, Guntur, Guntur District. 6. The Mummidivaram Nagara Panchyat, Rep Mummidivaram, Dr. B. R. Ambedkar Konaseema District. and UD) its Commissioner, 7. The Executive Engineer, Amalapuram, Dr. B. R. Ambedkar Konaseema District. The Deputy Executive Engineer, Amalapuram, Dr. B.R.Ambedkar Konaseema Dsitrict The Assistant Engineer, Mummidivaram Nagara Panchyat, Dr. B. R. Ambedkar Konaseema District. 8. r 9. ...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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not paying the interest amount of Rs. 24,57,624/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., i) Agreement No. 74/2023-24, Dt 27.11.2023 for for Construction of CC Road from Sadhanala Srinivasa Rao House D.No. 15-25 to Polamuri Sriramulu Kondepudivaripeta in 16th ward vide M.Book.No. House D.No. 15-24 at 39/2022-23 for Rs.6,15,612/-, ii) Agreement No. 73/2023-24, Dt 27.11.2023 for Construction of CC road from Jagata Venkata Siva Kesavararao House D.No. 15-148/1 to Gandham Srihari Krishna D.No. 15-152-2/7 at TTR Nagar in 16th and -17th Wards vide M. Book No. 38/2022-23 for Rs.6,11,472/-, iii) Agreement No. 75/2023-24, Dt 27.11.2023 for Construction of CC Road from Saripella Ramakrishnam Raju House D.No. 16-105/1 to Vegiraju Pullayamma House D.No. 16-89 at Chippalapalem in 14th Ward vide M.Book.No. 36/2022- 23 for Rs.6,37,450/-, vi) Agreement No. 76/2023-24, Dt.27.11.2023 for Construction of CC Road from Mummidivarapu Gangulu House D.No. 12- 137 to existing CC Road at Nerellapalem in 8th ward vide M. Book No. 37/2022-23 for Rs.5,93,090/- above (04) works was sanction under Gadapa Gadapaku Mana Prabhutvam (GGMP) Grant, total pending bills amount of Rs. 24,57,624/- in Mummidivaram Nagara Panchyat, Dr. B. R. Ambedkar Konaseema District through the Agreements, as illegal, arbitrary and violative of Art 14 and 21 of '' Constitution of India and consequently direct the respondent authorities to release the pending bills total amount of Rs. 24,57,624/- with interest at 18percent for the pending bills forthwith for the above said works executed by the petitioner. 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 pay the interest amount of Rs. 24,57,624/- with interest @ 18 % for the works executed by the petitioner for the various works Gadapa Gadapaku Mana Prabhutvam ^(^GMpy Mummidivaram Nagara Panchyat, Dr. B. R. Ambedkar Konaseema District through the Agreements forthwith pending disposal of the above writ petition. under Grant, in Counsel for the Petitioner: SRI ANNAMNEEDI BALAKRISHNA Counsel for the Respondent Nos.1,4,7: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondent Nos.2 & 3:GP FOR FINANCE PLANNING Counsel for the Respondent Nos.6 to 9: M/S V SIRISHA RANI, SC FOR MUNICIPALITY The Court made the following order: APHC010337162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17223/2025 Between: 1.M. SATYA BRAHMANUDU., S/0. M. NARAYANA MURTHY AGED R/0. D.NO. 2-143, DR. B. R. ABOUT 51 YEARS, OCC CONTRACTOR, RAMALAYAM STREET, EDARAPALLI, AMALAPURAM, AMBEDKAR KONASEEMA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT, THULLUR MANDAL, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY TO GOVERNMENT, SECRETARIAT, VELAGAPUDI GUNTUR DISTRICT. 3.THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT. MUNICIPAL ADMINISTRATION SECRETARIAT, VELAGAPUDI, AMARAVATHI, PRINCIPAL FINANCE DEPARTMENT, AMARAVATHI, THUIlUR MAN DAI, 4.THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, (MA AMALAPURAM, DR. B. R. AMBEDKAR KONASEEMA AND UD) DISTRICT. DIRECTOR OF MUNICIPAL ADMINISTRATION, SRI KRISHNA ENCLAVE, GORANTIA, GUNTUR, GUNTUR DISTRICT. 5.THE COMMISSIONER AND 2 HK, W.P.No.l7223_202S 6.THE MUMMIDIVARAM NAGARA PANCHYAT, REP ITS COMMISSIONER, MUMMIDIVARAM, DR. B. R. AMBEDKAR KONASEEMA DISTRICT. 7.THE EXECUTIVE ENGINEER, AMALAPURAM, DR. B. R. AMBEDKAR KONASEEMA DISTRICT. 8.THE DEPUTY EXECUTIVE ENGINEER, AMALAPURAM, DR. B.R.AMBEDKAR KONASEEMA DSITRICT 9.THE ASSISTANT ENGINEER, MUMMIDIVARAM NAGARA PANCHYAT, DR. B. R. AMBEDKAR KONASEEMA 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not paying the interest amount of Rs. 24,67,624/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., i) Agreement No. 74/2023-24, Dt 27.11.2023 for for Construction of CC Road from Sadhanala Srinivasa Rao House D.No. 15-25 to Polamuri Sriramulu House D.No. 15-24 at Kondepudivaripeta in 16th ward vide M.Book.No. Rs.6,15,612/-, ii) Agreement No. 73/2023-24, Dt 27.11.2023 for Construction of CC road from Jagata Venkata Siva Kesavararao House D.No. 15-148/1 to Gandham Srihari Krishna D.No. 15-152-2/7 at TTR Nagar in 16th and -17th Wards vide M. Book No. 38/2022-23 for Rs.6,11,472/-, iii) Agreement No. 75/2023-24, Dt 27.11.2023 for Construction of CC Road from Saripella Ramakrishnam Raju House D.No. 16-105/1 to Vegiraju Pullayamma House D.No. 16-89 at Chippalapalem in 14th Ward vide M.Book.No. 36/2022- 23 for Rs.6,37,450/-, vi) Agreement No. 76/2023-24, Dt.27.11.2023 for Construction of CC Road from Mummidivarapu Gangulu House D.No. 12- 137 to existing CC Road at Nerellapalem in 8th ward vide M. Book No. 37/2022-23 for Rs.5,93,090/- above (04) works was sanction under Gadapa Gadapaku Mana Prabhutvam (GGMP) Grant, total pending bills amount of Rs. 24,57,624/- in Mummidivaram Nagara Panchyat, Dr. B. R. Ambedkar Konaseema District through the Agreements, as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release the pending bills total amount of Rs. 24,57,624/- with interest at 39/2022-23 for 3 HN, J W.P.No.l7223_2025 18percent for the pending bills forthwith for the above said works executed by the petitioner 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 pay the interest amount of Rs. 24,57,624/- with interest @ 18 % for the works executed by the petitioner for the various works under Gadapa Gadapaku Mana Prabhutvam (GGMP) Grant, in Mummidivaram Nagara Panchyat, Dr. B. R. Ambedkar Konaseema District through the Agreements forthwith pending disposal of the above writ petition Counsel for the Petitioner; 1.ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING 4 HN,i W.P.No.17223 2025 The Court made the following: Learned counsel for the petitioner submits that the petitioner has executed works as entrusted by the respondent Nos.5 and 6. It is submitted that the competent authority has also recorded the progress of works and certified the works in the M-Book. It is submitted that, in all, an amount of Rs.24,57,624/- is due and payable by the respondents to the petitioner. Heard the learned counsel for the petitioner, the learned Assistant 2. Government Pleader for Municipal Administration and Urban Development; the learned Assistant Government Pleader for Finance and Planning, and the learned Standing Counsel for the respondent-corporation. 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 six (06) weeks from the date of receipt of a copy of this order. 3. Accordingly, the Writ Petition is disposed of. No costs. 4. Pending miscellaneous petitions, if any, shall stand :l^^ed Sd/- K.KASI RAO ACHAR! ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFjCER To, 1. The Principal Secretary to Government, Department, Secretariat, Velagapudi, Amaravathi Guntur District. Municipal Administration Thullur Mandal, 2. The Principal Secretary to Government, Finance Department Secretariat, Velagapudi Amaravathi, Thuiiur Mandai, Guntur District. 3. The Director of works and Account Officer, Anjaneya Towers, ibrahimpatnam, Krishna District. » / 4. The District Collector and District Magistrate, (MA and UD) Amalapuram, Dr. B. R. Ambedkar Konaseema District. 5. The Commissioner and Director of Municipal Administration, Sri Krishna Enclave, Gorantia, Guntur, Guntur District. 6. The Mummidivaram Nagara Panchyat, Rep its Commissioner, Mummidivaram, Dr. B. R. Ambedkar Konaseema District. 7. The Executive Engineer, Amalapuram, Dr. B. R. Ambedkar Konaseema District. 8. The Deputy Executive Engineer, Amalapuram, Dr. B.R.Ambedkar Konaseema Dsitrict 9. The Assistant Engineer, Mummidivaram Nagara Panchyat, Dr. B. R. Ambedkar Konaseema District. 10. One CC to Sri. Annamneedi Balakrishna Advocate [OPUC] 11. Two CCs to GP Muncipal Admn And Urban Dev, High Court of Andhra Pradesh [OUT], 12. Two CCs to GP For Finance and Planning, High Court of Andhra Pradesh [OUT] 13. One CC to M/s Sirisha Rani V, SC for Muncipality [OPUC]. 14. Two CD Copies. vs,^ HIGH COURT y.y TL \ DATED:19/08/2025 ORDER WPNO. 17223 OF 2025 * (H SEP 2025 ^ nti /f Current beciion disposing of the w.p. without costs