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2025 DAILYLAW 25606 (AP)

MUVVALA VENKATA SATYANASRAYANA v. The State of Andhra Pradesh,

WP/18378/2025 · 2025-07-21

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010361362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) a- vk \ '0\’ m TUESDAY, THE TWENTY SECOND DAY OF JUL^io Vv TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18378 OF 2025 .fc! C7/i Between: Muvvala Venkata Satyanasrayana, S/o.M Yella Rao, Aged about 59 years Occ; Contractor, R/o. 50-78-10, Akkayyapalem, Visakhapatnam, Pincode 530016. Srinivasa Street, Seethammapeta, ...Petitioner' AND 1. 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, and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. Department of Finance 3. The Director of Municipal Administration District. Gorantia, Guntur, Guntur 4. The District Collector, Visakhapatnam, Visakhapatnam District. 5. The Greater Visakhapatnam Municipal Corporation, Commissioner, Visakhapatnam, Visakhapatnam District. Rep. by its 6. The Superintending Engineer, Greater Visakhapatnam Corporation, Visakhapatnam, Visakhapatnam District. 7. The Executive Engineer, Municipal Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 8. The Chief Executive Officer, AP CFMS Anjaneya Towers, Ibrahimpatnam, Krishna District. Office, 6th Floor, C-Block, '"It' ...Respondents-^ •>Pe|itiqn under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue a writ of Mandamus may be or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs. 12,56,889/- vide M Book No. 813/17-18 even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Construction of Community hall at Mattavenkatappa veedhi in ward no.24, vide Agreement No. 54/2017- 18/SE(W) / EE-Ill, dated 08.05.2018 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs. 12,56,889/- vide M Book No. 813/17- 18 with interest @24% annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith. 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 the respondents to pay for payment of amount M Book No. 813/17-18 with interest @24% percent amount to the petitioner in respect of execution of works i.e. Construction of Community hall at Mattavenkatappa veedhi in ward no.24. vide Agreement No. 54/2017-18/SE(W) / EE-Ill, dated 08.05.2018, forthwith, pending disposal of the Writ Petition.-^ of Rs. 12,56,889/- vide annum for the delayed 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 to 7: SRI A S C BOSE (SC FOR ^ MUNICIPAL CORPORATIONS) The Court made the following order: APHC010361362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18378/2025 Between; 1.MUWALA VENKATA SATYANASRAYANA, S/O.M YELLA RAO, AGED ABOUT 59 YEARS, OCC CONTRACTOR, R/0. 50-78-10, SRINIVASA STREET, SEETHAMMAPETA, AKKAYYAPALEM, VISAKHAPATNAM, PINCODE 530016. ...PETITIONER AND 1.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 DEPARTMENT OF FINANCE AND PLANNING, SECRETARY, SECRETARIAT 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. 6.THE SUPERINTENDING ENGINEER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 7.THE EXECUTIVE ENGINEER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, VISAKHAPATNAM VISAKHAPATNAM, 2 DISTRICT. S.THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE. 6TH FLOOR C-BLOCK, ANJANEYA TOWERS DISTRICT. IBRAHIMPATNAM, KRISHNA i ...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 a writ of mandeimus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs. 12,56,889/- vide M Book No. 813/17-18 after finalizing the bills, payable to the petitioner in relation to the works Construction of Community hall at Mattavenkatappa veedhi in ward no.24, vide Agreement No. 54/2017-18/SE(W) / EE-Ill, dated 08.05.2018 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs. 12,56,889/- vide M Book No. 813/17- 18 with interest @24 percent annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith 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 may please to direct the respondents to pay for payment of amount of Rs. 12,56,889/- vide M Book No. 813/17-18 with interest @24% percent annum for the delayed amount to the petitioner in respect of execution of works i.e. Construction of Community hall at Mattavenkatappa veedhi in ward no.24, vide Agreement No. 54/2017-18/SE(W) / EE-Ill, dated 08.05.2018, forthwith! pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1.GP MUNCIPALADMN AND URBAN DEVAP even 3 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner has completed the works entrusted by the 5^*^ respondent-Corporation as per Agreement No.54/2017-2018/SE(W)/EE-lll. dated 08.05.2018 and submitted final bills. It is submitted that, in all, an amount of Rs. 12,56,889/- is due payable to the petitioner. However, amounts have not been paid. Aggrieved by the same, the present Writ Petition is filed. 2. Heard the learned counsel for the petitioner; the learned Assistant Government Pleader for Municipal Administration and Urban Development, for the respondents 1, 3 and 4; the learned Assistant Government Pleader for Finance and Planning, for the respondents 2 and 8 and the learned Standing Counsel for respondents 5 to 7. Considering the submissions, the respondents 2 to 8 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 3. 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 Special Chief Secretary, Department Urban Development Amaravathi, Guntur District. 2. The Principal Secretary, Department ^ Secretariat Buildings, Velagapudi, Amaravathi, of Municipal Administration Secretariat Buildings, Velagapudi,- And of Finance and Planning, , 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 Municip^ Corporation, Visakhapatnam, Visakhapatnam District. 7. The Executive Engineer, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 8. The Chief Executive Officer, AP CFMS Office, Anjaneya Towers, Ibrahimpatnam, Krishna District. 9. One CC to Sri Modapothula Sumalatha Advocate [OPUC] 10.Two CCs to GP for Municipal Admn. & Urban Dev, High Court of Andhra Pradesh. [OUT] ^ 11. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 12. One CC to Sri A S C Bose (SC for Municipal Corporations) Advocate [OPUC] 13. Two CD Copies 6th Floor, C-Block, TF t HIGH COURT i DATED:22/07/2025 ORDER WP NO. 18378 OF 2025 ^ 31 JUL 2025 o> ^vCnirenlSectjoiiXCy DISPOSING OF THE W.P., WITHOUT COSTS