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2025 DAILYLAW 24002 (AP)

M V S NARASINGA RAO v. THE STATE OF ANDHRA PRADESH

WP/17377/2025 · 2025-07-13

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010338672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17377 OF 2025 Between: MVS Narasinga Rao, S/o. MV Achari, Aged about 62 years, Occ: Contractor, R/o. Block No.61, SF-6, RGK Colony, Marikavalasa, Visakhapatnam, Visakhapatnam District. ...Petitioner AND ^4. 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 Velagapudi, Amaravathi, Guntur District. 3. The Director of Municipal Administration, Gorantia, Guntur, Guntur District. Secretariat Buildings, ,4. The District Collector, Visakhapatnam, Visakhapatnam District. 5. The Greater Visakhapatnam Municipal Corporation, Rep. by its Commissioner, Visakhapatnam, Visakhapatnam District. 6. The Superintending Engineer, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 7. The Executive Engineer Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 8. The Chief Executive Officer, AP CFMS Office, 6th Floor, C-Block, Anjaneya Towers, Ibrahimpatnam, Krishna District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the Fligh Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction, declaring the action of the Respondents not releasing the amount of Rs. 19,57,103/- vide M Book No. 132/2022-23/EE-ll, after finalizing the bills, payable to the petitioner in relation to the works i.e.. Construction of CC Road and Drains at PP2 Colony, Vambay Colony -06 at Ward No. 05 of Zone - II (GGMP), vide Agreement No. 111/2023-24 /EE-II/ DB, dated 06.07.2023 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs. 19,57,103/- vide M Book No. 132/2022-23/EE-ll 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 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the Fligh Court may be pleased to direct the respondents to pay for payment of amount of Rs. 19,57,103/- vide M Book No. 132/2022-23/EE-ll, with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e.. Construction of CC Road and Drains at PP2 Colony, Vambay Colony -06 at Ward No. 05 of Zone - II (GGMP), vide 06.07.2023, forthwith, pending disposal of the Writ Petition. Agreement No. 111/2023-24 /EE-II/ DB, dated Counsel for the Petitioner: M/S. MODAPOTHULA SUMALATHA Counsel for the Respondent Nos. 1, 3 & 4: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos. 2 & 8: GP FOR FINANCE & PLANNING Counsel for the Respondent Nos. 5, 6 & 7: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS) The Court made the following order: APHC010338672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMB [3457] S MONDAY.THE fourteenth day of JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17377/2025 Between: 1.M V S NARASINGA RAO, , S/0. MV ACHARI, AGED ABOUT 62 YEARS, OCC CONTRACTOR, R/0. BLOCK N0.61, SF-6, RGK COLONY, MARIKAVALASA, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. SECRETARIAT BUILDINGS, 2.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT DEPARTMENT OF FINANCE AND PLANNING, BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3.THE DIRECTOR OF MUNICIPAL ADMINISTRATION, GORANTLA, GUNTUR, GUNTUR DISTRICT. 4.THE DISTRICT COLLECTOR, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 5.THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION REP. BY ITS COMMISSIONER, VISAKHAPATNAM DISTRICT. VISAKHAPATNAM 6.THE SUPERINTENDING ENGINEER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, VISAKHAPATNAM 2 DISTRICT. 7. THE EXECUTIVE ENGINEER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 8.THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE 6TH FLOOR C-BLOCK, ANJANEYA TOWERS, DISTRICT. IBRAHIMPATNAM, KRISHNA ...RESPONDENT(S); Counsel for the Petitioner: 1. MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR FINANCE PLANNING The Court made the following: 3 Order:- The learned counsel for the petitioner submits that the petitioner has executed the work entrusted by the 5^^ respondent-Corporation and completed the construction of CC Road and Drains at PP2 Colony, Vambay Colony-06 in Ward No.05 of Zone-ll (GGMP), vide Agreement No.111/2023-24/EE-l l/DB, dated 06.07.2023. It is submitted that, in all, an amount of Rs.19,57,103/- is due and payable by the 5'^ respondent-Corporation to the petitioner on account of completion of the aforesaid work. It is submitted that, after having completed the work, the petitioner submitted the final bill seeking release of an amount of Rs.19,57,103/-. It is further submitted that the 7*^ respondent certified the completion of the work, and the final bill was also approved by the 7**^ respondent. However, no payment was forthcoming from the 5*^^ respondent-Corporation. 2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the 5‘^ respondent-corporation. 3. Considering the submissions, there shall be a direction to the 5*^ respondent-Corporation to verify and release the payment as expeditiously as possible, preferably within a period of six (06) weeks from the date of 4. receipt of a copy of this order. Accordingly, this Writ Petition is disposed off. There shall be no order as 5. to costs. 4 As a sequel, miscellaneous petitions pending, if any, shall stand closed. 1 Sd/- A. VIJAYA BABU ASSISTANT REGIS171AR //TRUE COPY// OFFICER SEC To, 1. The Special Chief Secretary, Department of Municipal Administration And Urban Development, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The Director of Municipal Administration, Gorantia, Guntur, Guntur District. 4. The District Collector, Visakhapatnam, Visakhapatnam District. 5. The Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 6. The Superintending Engineer, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 7. The Executive Engineer, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 8. The Chief Executive Officer, AP CFMS Office 6th Floor, C-Block, Anjaneya Towers, Ibrahimpatnam, Krishna District. 9. One CC to M/s. Modapothula Sumalatha Advocate [OPUC] To. One CC to Sri A S C Bose (SC for Municipal Corporations) Advocate [OPUC] ^H.Two CCs to GP for Municipal Admn. & Urban Dev, High Court of Andhra Pradesh [OUT] ^2. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 13. Two CD Copies TF HIGH COURT DATED:14/07/2025 ORDER WP NO. 17377 OF 2025 ^ 2 3 JUL 2025 % ml, toll ^ Current Section DISPOSING OF THE W.P., WITHOUT COSTS