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2025 DAILYLAW 24627 (AP)

J. Siva Kesavaaro, v. The State of Andhra Pradesh,

WP/17589/2025 · 2025-07-14

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010347462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17589 OF 2025 Between: J. Siva Kesavaaro, S/o. J. Ramanna, Aged about 64 years, Occ- Contractor, R/o. D.No. 3-115, Beach Road, S Yanaam Surasniyanam, Samanasa, East Godavari District ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Municipal Administration Department, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Finance Department, Secretariat, Velagapudi Amaravathi, Thullur Mandal, 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. 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 District. 9. The Municipal Assistant Engineer, Mummidivaram Nagara Panchyat, Dr. B. R. Ambedkar Konaseema District. ...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 or any other appropriate writ direction declaring the action of the respondents in not releasing the total due payments of Rs.9,62,476/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., i) Agreement No. 77/2023-24, 27.11.2023 for “for Construction of CC Road from Yellamilli House D. No. 1- 193/3 to Snaboyina Kumari House D.No. 196/2 at Rayuduvaripalem in 15th ward” vide M. Book. No. 50/2022-23 for Rs.4,70,109/-, ii) Agreement No. 78/2023-24, Dt- 27.11.2023 for Construction of CC road from Musali Satyanarayana House D.No. 2-107 to Buduthi Satyavathi House D.No. 2-107 at Ambedhar Statue, Santhi Nagar in 15th ward vide M. Book No. 51/2022-23 for Rs.4,92,367/- above (02) works was sanction under Gadapa Gadapaku Mana Prabhutvam (GGMP) Grant, total pending bills amount of Rs.9,62,476/- 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.9,62,476/- with interest at 18% for the pending bills forthwith for the above said works executed by the petitioner. or Dt 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 releasing the Final Bill amount of Rs.9,62,476/- with interest @18% for the works executed by the petitioner for the various works under Gadapa Gadapaku Mana Prabhutvam (GGMP) Grant, Mummidivaram Nagara Panchyat, Dr. B. R. Ambedkar Konaseema District through the Agreements forthwith pending disposal of the above writ petition. in Counsel for the Petitioner: SRI ANNAMNEEDI BALAKRISHNA Counsel for the Respondent Nos. 1, 4, 5, 7 & 8: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos. 2 & 3: GP FOR FINANCE & PLANNING Counsel for the Respondent Nos. 6 & 9: SMT . SIREESHA RANI VALLABHANENI (SC FOR MUNICIPALITIES) The Court made the following order: APHC010347462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17589/2025 Between: 1. J. SIVA KESAVAARO,, S/0. J. RAMANNA, AGED ABOUT 64 YEARS, OCC- CONTRACTOR, R/0. D.NO. 3-115, BEACH ROAD, S YANAAM SURASNIYANAM, SAMANASA, EAST GODAVARI DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION DEPARTMENT, THULLUR MANDAL, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, SECRETARIAT, VELAGAPUDI AMARAVATHI, THULLUR MANDAL GUNTUR DISTRICT. SECRETARIAT, VELAGAPUDI, AMARAVATHI FINANCE DEPARTMENT, 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. 2 e.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 DISTRICT. 9.THE MUNICIPAL ASSISTANT ENGINEER, MUMMIDIVARAM DR. B. R. AMBEDKAR KONASEEMA NAGARA PANCHYAT, 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 tomay be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing the total due payments of Rs.9,62,476/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., i) Agreement No. 77/2023-24, Dt 27.11.2023 for for Construction of CC Road from Yellamilli House D. No. 1- 193/3 to Snaboyina Kumari House D.No. 196/2 at ward vide M. Book. No. 50/2022-23 for 78/2023-24, Dt- 27.11.2023 for Rayuduvaripalem in 15th Rs.4,70,109/-, ii) Agreement No. Construction of CC road from Musali Satyanarayana House D.No. 2-107 to Buduthi jSatyavathi House D.No. 2-107 at Ambedhar Statue, Santhi Nagar in 15th ward vide M. Book No. 51/2022-23 for Rs.4,92,367/- above (02) works was sanction under Gadapa Gadapaku Mana Prabhutvam (GGMP) Grant, total pending bills amount of Rs.9,62,476/- 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.9,62,476/- with interest at 18 percent for the pending bills forthwith for the above said works executed by the petitioner and to 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 may be pleased to direct the respondents releasing the Final Bill amount of 3 Rs.9,62,476/- 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 and to pass Counsel for the Petitioner: 1.ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEVAP 2.GP FOR FINANCE PLANNING 4 The Court made the following Order: The learned counsel for the petitioner submits that the petitioner has executed the works entrusted by the 6*" respondent and completed the construction works of CC Road as per Agreement No.77/2023-24, dated 27.11.2023 and construction of another CC Road as per Agreement No.78/2023-24, dated 27.11.2023. It is submitted that, in all, an amount of Rs.9,62,476/- is due and payable by the 6*^ respondent to the petitioner on account of completion of the aforesaid work. It is submitted that, after having completed the works, the petitioner submitted the final bills, which were also approved for payment. However, no payments were forthcoming from the 6*^ respondent. Heard learned counsel for the petitioner and learned Standing 2. 3. Counsel for the respondent Nos.6 and 9. Considering the submissions, there shall be a direction to the respondent Nos.5 and 6 to verify and release the payments as expeditiously as possible preferably within a period of six (06) weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed off. No costs. Pending miscellaneous petitions, if any, shall stand closed. 4. 5. 6. Sd/- G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to Government, Municipal Administration Department, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. Finance Department, Principal Secretary to Government, Amaravathi, Thullur Mandal, Guntur District 2. The Secretariat, Velagapudi Officer, Anjaneya Towers, of works and Account 3. The Director Ibrahimpatnam, Krishna District. District Collector and Amalapuram, Dr. B, R. Ambedkar Konaseema District, of Municipal Administration, Sri District Magistrate, (MA and UD) 4. The 5. The Commissioner and Director Enclave Gorantia, Guntur, Guntur District. Mummidivaram Nagara Panchyat, Mummidivaram Krishna 6. The Commissioner Dr. B. R. Ambedkar Konaseema District. Dr. B. R. Ambedkar Konaseema 7. The Executive Engineer, Amalapuram District. 8. The Deputy Executive Engineer, Amalapuram Konaseema District. 9. The Municipal Assistant Engineer, Mummidivaram Nagara Panchyat, Dr. B. R. Ambedkar Konaseema District. 10. One CC to Sri Annamneedi Balakrishna Advocate [OPUC] 11. One CC to Smt. Sireesha Rani Vallabhaneni (SC for Municipalities) Advocate [OPUC] 12. Two CCs to GP for Andhra Pradesh [OUT] 13. Two CCs to GP for Finance [OUT] 14. Two CD Copies Dr. B. R. Ambedkar Muncipal Admn and Urban Dev, High Court of & Planning, High Court of Andhra Pradesh TF HIGH COURT DATED:15/07/2025 ORDER WP NO. 17589 OF 2025 o o 2 \ JUL 2025 It.: m lO ^ , Currem beciion DISPOSING OF THE W.P., WITHOUT COSTS