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2025 DAILYLAW 25769 (AP)

Vemula Govindu, v. The State of Andhra Pradesh,

WP/18251/2025 · 2025-07-17

Harinath N

body2025

Judgment text

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I APHC010363962025 IN THE HIGH COURT OF ANDHRA PRAD AT AMARAVATI ^ (Special Original Jurisdiction)#^' 0 \ Y, o 'i O I FRIDAY,THE EIGHTEENTH DAY OF JUL1^> TWO THOUSAND AND TWENTY FIVE A PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18251 OF 2025 Between: Vemula Govindu,, S/o. Mallaiah, Aged 55 years, Occ: Contractor, R/o. D.No.43106/154/15/1, Daba Kottula Center, Oddera Colony, Ajith Singh Nagar, Vijayawada, N T R District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration Department, AP Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner and Director of Municipal Administration, Prime Hill Crest, 4th Floor, Near DGP Office, Vaddeswaram Village, Mangalagiri, Guntur District. 3. The Vijayawada Municipal Corporation, Rep. by its Commissioner, Vijayawada, N T R District. 4. The Superintendent Engineer, Vijayawada, Vijayawada Municipal Corporation. 5. The Executive Engineer, Municipal Corporation Vijayawada. 6. The Deputy Executive Engineer, Municipal Corporation Vijayawada. 7. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, AP Secretariat, Velagapudi, Amaravati, Guntur 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 a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of an amounts of 1) Rs. 16,21,685/- and 2) Rs. 15,79,906/- and totally an amount Rs. 32,01,591/- even after finalizing the bills, payable to the petitioner in relation to the works i.e.,1) CC Roads to Netaji cross road, Kobbarithota cross road, Mulakayalavari street and upgradation of drains and culverts in Madhuranagar 29th Division Vijayawada Municipal Corporation, and 2) Providing C.C Pavements and drain pipes in Madhyakatta in 21- 10/220/13/1,21-10/2-164,21-10/2-185,21-10/2-186 in sachivalayam no.25, 30 Division Vijayawada Municipal Corporation is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay the amounts of 1) Rs. 16,21,685/- and 2) Rs. 15,79,906/- and totally an amount Rs. 32,01,591/- with interest @12percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work. th 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 amounts of 1) Rs. 16,21,685/- and 2) Rs. 15,79,906/- and totally an amount Rs. 32,01,591/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1) CC Roads to Netaji cross road, Kobbarithota cross road, Mulakayalavari street and upgradation of drains and culverts in Madhuranagar 29*^ Division Vijayawada Municipal Corporation, and 2) Providing C.C Pavements and drain pipes in Madhyakatta 21-10/220/13/1,21-10/2-164,21-10/2-185,21-10/2-186 sachivalayam no.25, 30th Division Vijayawada Municipal Corporation forthwith, pending disposal of the Writ Petition. in Counsel for the Petitioner: SRI PRATHIWADA VARUN KUMAR Counsel for the Respondent No. 1: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondent Nos. 2 to 6: SRI SVSS SIVARAM SC FOR MUNICIPAL CORPORATION Counsel for the Respondent No. 7:GP FOR FINANCE PLANNING The Court made the following order: APHC010363962025 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: 18251/2025 Between: 1.VEMULA GOVINDU,, S/O.MALLAIAH, AGED 55 YEARS, OCC- CONTRACTOR, R/0. D.N0.43106/154/15/1, DABA KOTTULA CENTER, ODDERA COLONY, AJITH SINGH NAGAR, VIJAYAWADA, N T R DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, PRIME HILL CREST, 4TH FLOOR, NEAR DGP OFFICE, VADDESWARAM VILLAGE, MANGALAGIRI, GUNTUR DISTRICT. 3.THE VIJAYAWADA MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, VIJAYAWADA, N T R DISTRICT. 4.THE SUPERINTENDENT ENGINEER, VIJAYAWADA, VIJAYAWADA MUNICIPAL CORPORATION. 5.THE EXECUTIVE ENGINEER, MUNICIPAL CORPORATION VIJAYAWADA. 6.THE DEPUTY EXECUTIVE ENGINEER, MUNICIPAL CORPORATION VIJAYAWADA. 7.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 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 tomay be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of an amounts of 1) Rs. 16,21,685/- and 2) Rs 15,79,906/- and totally an amount Rs. 32,01,591/- even after finalizing the bills, payable to the petitioner in relation to the works i.e.,1) CC Roads to Netaji cross road, Kobbarithota cross road,Mulakayalavari street and upgradation of drains and culverts in Madhuranagar 29th Division Vijayawada Municipal Corporation, and 2) Providing C.C Pavements and drain pipes in Madhyakatta in 21- 10/220/13/1,21-10/2-164,21-10/2-185,21-10/2-1 86 in sachivalayam no.25,30 Division Vijayawada Municipal Corporation is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay the amounts of 1) Rs. 16,21,685/- and 2) Rs. 15,79,906/- and totally an amount Rs. 32,01,591/- with interest @12percent per for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith and pass annum 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 the amounts of 1) Rs. 16,21,685/- and 2) Rs. 15,79,906/- and totally an amount Rs. 32,01,591/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1) CC Roads to Netaji road,Mulakayalavari street and upgradation of Madhuranagar 29*^^ Division Vijayawada Municipal Corporation, and 2) Providing C.C Pavements and drain pipes in Madhyakatta 21-10/220/13/1 21- 10/2-164,21-10/2-185,21-10/2-186 in sachivalayam Vijayawada Municipal Corporation forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. PRATHIWADA VARUN KUMAR Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEVAP 2.GP FOR FINANCE PLANNING cross road, Kobbarithota cross drains and culverts in no.25,30*''' Division 3 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner has respondent-corporation and rd completed the works entrusted by the 3 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 2. Government Pleader for Municipal Administration and Urban Development, for respondents 1 and 2; the learned Assistant Government Pleader for Finance and Planning, for the 7*^ respondent and the learned Standing Counsel for respondents 3 to 6. Considering the submissions, the respondents 2 to 7 are hereby 3. 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/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// ' SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration Department, State of Amaravati, Guntur Andhra Pradesh, AP Secretariat, Velagapudi, District. 2. The Commissioner and Director of Municipal Administration, Prime Hilll Crest, 4th Floor, Near DGP Office, Vaddeswaram Village, Mangalagirii, Guntur District. 3. The Commissioner, Vijayawada Municipal Corporation, Vijayawada, N T R District. 4. The Superintendent Engineer, Vijayawada, Vijayawada Municipal Corporation. 5. The Executive Engineer, Municipal Corporation Vijayawada. 6. The Deputy Executive Engineer, Municipal Corporation Vijayawada. 7. The Principal Secretary, Finance Department, State of Andhra Pradesh, AP Secretariat, Velagapudi, Amaravati, Guntur District. 8. One CC to Sri. Prathiwada Varun Kumar Advocate [OPUC] 9. One CC to Sri. SVSS Siva Ram SC for Municipal Corporation [OPUC] Two CCs to GP for Finance Planning High Court of Andhra Pradesh [OUT] Two CCs to GP for Municipal Admin and Urban Development, High Court of Andhra Pradesh [OUT] Three CD Copies 10. 11. 12. GSC HIGH COURT DATED: 18/07/2025 ORDER WP NO. 18251 OF 2025 DISPOSING THE WP WITHOUT COSTS