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2025 DAILYLAW 24903 (AP)

THOTA NARASIMHA RAJU v. The State of Andhra Pradesh,

WP/18091/2025 · 2025-07-17

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010351792025 IN THE HIGH COURT OF ANDHRA PRADESI1_ AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.^(^ WRIT PETITION NO: 18091 OF 2025^ Between: Thota Narasimha Raju, S/o.Govindaraju, aged about 47 years, Occ; Contractor, R/o. 19-4-15, Ramachandra Rao peta, Swathantra Hospital back Street, Rajahmundry, East Godayari District. ...Petitioner.— AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Municipal Administration and Urban Development, Buildings, Velagapudi, Amaravathi. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The District Collector, Rajamahendravaram, East Godavari District. 4. The Rajahmundry Municipal Corporation, Rep.by its Cotjimissioner, Rajahmundry, East Godavari District. 5. The Superintending Engineer, Municipal Corporation, Rajahmundry, East Godavari District. Secretariat 6. The Executive Engineer, Rajahmundry Municipal Corporation, Rajamahendravaram, East Godavari District. 7. The Pay and Accounts Officer, Works and Accounts, Dowlaiswaram, East Godavari District. ...Respondents Petition under Article 2216'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 not releasing the admitted/finalized bill payable to the petitioner towards completed work I.e., Construction of 600mm CC Drain from Rajeev Colony pumping station along Dumping yard main road to paper mill road in 45th division of RMC (Under Chief Minister's Development Fund), under M-Book Pass Order No. 55/2023-24, Rs. 19,50,910/-, even after finalizing the bills as illegal, arbitrary and violative of Articles 14 and 21 respondents in the of the Constitution of India consequently direct the respondents to forthwith release the due amount to the petitioner pending towards the completed work I.e., Construction of 600mm CC Drain from Rajeev Colony pumping station along Dumping yard main road to paper mill road in 45th division of RMC (Under Chief Minister's Development Fund), under M-Book Pass Order No. 55/2023-24, Rs. 19,50,910/-.^ and also oppose to the settled principles of law, and lA NO: 1 OF 202^- 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 respondent Nos: 1 to 3 to release the completed work I.e., Construction of 600mm CC Drain amount pending towards the from Rajeev Colony pumping station along Dumping yard main road to paper mill road in 45th division of RMC (Under Chief Minister's Development Fund), under M-Book Pass Order No. 55/2023-24, Rs. 19,50,910/-, to the petitioner, pending disposal of the above writ petition. Counsel for the Petitioner: SRI RAVULA NAGARJUNA ^ Counsel for the Respondent Nos. 1 & 3: GP MUNCIPAL ADMN URBAN DEV C BOSE (SC FOR MUNICIPAL CORPORATIONS^ AND Counsel for the Respondent Nos. 4 to 6: SRI A S t- Counsel for the Respondent Nos. 2 & 7: GP FOR FINANCE & PLANNINp^ The Court made the following order: APHC010351792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18091/2025 Between: 1.THOTA NARASIMHA RAJU, S/O.GOVINDARAJU, AGED ABOUT 47 YEARS, OCC.CONTRACTOR, R/0. 19-4-15, RAMACHANDRA RAO PETA, SWATHANTRA HOSPITAL BACK STREET, RAJAHMUNDRY, EAST GODAYARI DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL MUNICIPAL ADMINISTRATION AND URBAN SECRETARIAT BUILDINGS, VELAGAPUDI, SECRETARY, DEVELOPMENT, AMARAVATHI. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3.THE DISTRICT COLLECTOR, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 4.THE RAJAHMUNDRY MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, RAJAHMUNDRY, EAST GODAVARI DISTRICT. 5.THE SUPERINTENDING ENGINEER, MUNICIPAL CORPORATION, RAJAHMUNDRY, EAST GODAVARI DISTRICT. 6.THE CORPORATION, DISTRICT. 7.THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS DOWLAISWARAM, EAST GODAVARI DISTRICT. DEPARTMENT OF FINANCE AND PLANNING EXECUTIVE ENGINEER, RAJAHMUNDRY MUNICIPAL RAJAMAHENDRAVARAM, EAST GODAVARI 2 ...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 more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the admitted/finalized bill payable to the petitioner towards the completed work I.e., Construction of 600mm CC Drain from Rajeev Colony pumping station along Dumping yard main road to paper mill road in 45th division of RMC (Under Chief Minister's Development Fund), under M-Book Pass Order No. 55/2023-24, Rs. 19,50,910/-, even after finalizing the bills as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and also oppose to the settled principles of law, and consequently direct the respondents to forthwith release the due amount to the petitioner pending towards the completed work I.e., Construction of 600mm CC Drain from Rajeev Colony pumping station along Dumping yard main road to paper mill road in 45th division of RMC (Under Chief Minister's Development Fund) , under M-Book Pass Order No. 55/2023-24, Rs. 19,50,910/-, 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 pleased to direct respondent Nos: 1 to 3 to release the amount pending towards the completed work I.e., Construction of 600mm CC Drain from Rajeev Colony pumping station along Dumping yard main road to paper mill road in 45th division of RMC (Under Chief Minister's Development Fund), under M-Book Pass Order No. 55/2023-24, Rs. 19,50,910/-, to the petitioner, pending disposal of the above writ petition and to pass Counsel for the Petitioner; 1.RAVULANAGARJUNA Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEVAP 2.GP FOR FINANCE PLANNING 3 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner has completed the works entrusted by the 4“^ respondent-Corporation and submitted final bills. However, amounts have not been paid. Aggrieved by the same, the present Writ Petition is filed. Heard the learned counsel for the petitioner; the learned Assistant Government Pleader for Municipal Administration and Urban Development, for 2. respondents 1 and 3; the learned Assistant Government Pleader for Finance and Planning, for the respondents 2 and 7 and the learned Standing Counsel for respondents 4 to 6. 3. Considering the submissions, the respondents 2 to 7 are hereby directed to verify and release the payment due payable to the petitioner as expeditiously as possible preferably within a period of six (6) 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.RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Velagapudi, Amaravathi. The Principal Secretary, Department of Finance and Planning Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.. The District Collector, Rajamahendravaram, East Godavari District.'^ The Commissioner, Rajahmundry Municipal Corporation, Rajahmundry, East Godavari District. 2. 3. 4. 5. The Superintending Engineer, Municipal Corporation, Rajahmundry, East Godavari District. 6. The Executive Engineer, Rajahmundry Municipal Corporation, Rajamahendravaram, East Godavari District. 7. The Pay and Accounts Officer, Works and Accounts, Dowlaiswaram East Godavari District. 8. One CC to Sri Ravula Nagarjuna, Advocate [OPUC] 9. Two CCs to GP for Municipal Admn. & Urban Dev, High Court of Andhra Pradesh [OUT] 10. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 11. One CC to Sri A S C Bose (SC for Municipal Corporations), Advocat [OPUC] 12. Two CD Copies TF 13. HIGH COURT DATED:18/07/2025 ORDER WP NO. 18091 OF 2025 :yr 2 9 JUL 2025 ^^^sQurrent SectjgjiX» 0‘, o Co DISPOSING OF THE W.P., WITHOUT COSTS