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High Court of Andhra Pradesh · body

2025 DAILYLAW 25861 (AP)

VEMULA GOVINDU v. THE STATE OF ANDHRA PRADESH

WP/18294/2025 · 2025-07-17

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

h APHC010364722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) A . J0^ FRIDAY, THE EIGHTEENTH DAY OF JULY fig TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18294 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 Amaravati, Guntur District. AP Secretariat, Velagapudi 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. 15,43,632/- and 2) Rs. 16,85,363/- and totally an amount Rs. 32,28,995/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1) Providing CC Road and Culvert to Kutumba Rao street in 26th Division Vijayawada Municipal Corporation, and 2) Providing CC Road High class street and Baracwaj street in 36th Division Vijayawada Municipal Corporation is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay the amounts of 1) Rs. 15,43,632/- and 2) Rs. 16,85,363/- and totally an amount Rs.32,28,995/- with interest @12% per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith. IA NO: 1 OF 2Q2fi 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. 15,43,632/- and 2) Rs. 16,85,363/- and totally an amount Rs. 32,28,995/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1) Providing CC Road and Culvert to Kutumba Rao street in 26th Division Vijayawada Municipal Corporation, and 2) Providing CC Road High class street and Baracwaj street in 36th Division Vijayawada Municipal Corporation pending disposal of the Writ Petition. forthwith. Counsel for the Petitioner: SRI PRATHIWADA VARUN KUMAR Counsel for the Respondent Nos. 1, 2, 4 to 6: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No.3: SRI S V S S SIVARAM (SC FOR VMC) Counsel for the Respondent No.7: GP FOR FINANCE The Court made the following order: & PLANNING APHC010364722025 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: 18294/2025 Between; 1.VEMULA GOVINDU, S/O.MALLAIAH CONTRACTOR, CENTER, ODDERA COLONY, AJITH SINGH NAGAR, VIJAYAWADA, N T R DISTRICT. AGED 55 YEARS, OCC DABA KOTTULA R/0. D.N0.43106/154/15/1, ...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. 2 ; - STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY. VELAGAPUDI. AMARAVATI, GUNTUR DISTRICT. 7.THE AP SECRETARIAT, FINANCE DEPARTMENT, ...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 a writ of mandamus or any other appropriate writ direction declaring the action of the Respondents in withholding the payment of an amounts of 1) Rs. 15,43,632/- and 2) Rs. 16,85,363/- and totally an amount Rs. 32,28,995/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1) Providing CC Road and Culvert to Kutumba Rao street in 26th Division Vijayawada Municipal Corporation, and 2) Providing CC Road High class street and Baracwaj street in 36th Division Vijayawada Municipal Corporation is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay the amounts of 1) Rs.15,43,632/-and 2) Rs. 16,85,363/- and totally an amount Rs.32,28,995/- with interest @12 per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass lA NO: 1 OF 2025 or 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 please to direct the respondents to pay the amounts of 1) Rs. 15,43,632/- and 2) Rs. 16,85,363/- and totally an amount Rs. 32,28,995/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1) Providing CC Kutumba Rao street in 26th Division Vijayawada Road and Culvert to Municipal Corporation, and 2) Providing CC Road High class street and Baracwaj street in 36th Division Vijayawada Municipal Corporation forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1.PRATHIWADAVARUN KUMAR Counsel for the Respondent(S): 1 .GP MUNCIPAL ADMN AND URBAN DEV AP 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 3'^'^ respondent-Corporatio n 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 respondents 1, 2, 4 to 6, the learned Assistant Government Pleader for Finance and Planning, for the respondent and the learned Standing Counsel for 3'"'^ respondent. 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. Accordingly, the Writ Petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall stand closed. 2. 3. 4. 5. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration Department 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 Commissioner, Vijayawada Municipal Corporation, Vijayawada, NTR District. AP 4. The Superintendent Engineer, Vijayawada, Vijayawada Municipal Corporation. 5. The Executive Engineer, Municipal Corporation 6. The Deputy Executive Engineer, Municipal Corporation 7. The Principal Secretary Vijayawada. Vijayawada. Finance Department, AP Secretariat Velagapudi, Amaravati, Guntur District. 8. One CC to Sri Prathiwada Varun Kumar, 9. Two CCs to GP for Municipal Admn Andhra Pradesh [OUT] 10. Two CCs to GP for Finance Advocate [OPUC] • & Urban Dev, High Court of & Planning, High Court of Andhra Pradesh [OUT] 1;F One CC to Sri S V S S Sivaram (SC for VMC) 12. Two CD Copies , Advocate [OPUC] TF HIGH COURT DATED:18/07/2025 ORDER WP NO. 18294 OF 2025 2 9JUL 2025 ysC^irrent Sectigj^y^y o DISPOSING OF THE W.P., WITHOUT COSTS