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2025 DAILYLAW 25984 (AP)

PONNAM SESHAGIRI RAO v. The State of Andhra Pradesh,

WP/19007/2025 · 2025-07-27

Harinath N

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010367982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19007/2025 Between: 1. PONNAM SESHAGIRI RAO, AGED 50 YEARS, D.NO.78-4-23, MAIN ROAD,KUNDAVARI,KANDRIKA, PATHAPADU. KRISHNA DISTRICT.. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL, ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. THE VIJAYAWADA MUNICIPAL CORPORATION, REP.BY. COMMISSIONER, VIJAYAWADA. 3. THE EXECUTIVE ENGINEER III, MUNICIPAL CORPORATION, VIJAYAWADA. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR 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 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 withholding the payments of pending amounts of 2 Rs.39,00,747/- (Thirty Nine Lakhs, Seven Hundred And Forty Seven Rupees only)even after finalizing the bills payable to the petitioner in relation to the works i.e.'/.Providing CC Roads to balance road from D.No.61-24-6/7 to STP Compound wall in Tagore road Ramalingeswaranagar under sachivalayam - 70 in Division no.15 (MAUD 10733-29581),Rc.EES- 108654/2023, vide Agreement no.52/2023- 24,Dated.11.10.2023,11.Providing CC Roads to manchala Ramesh prasad street and Jayaprakash nagar 3rd line 4th cross road at sachivalayam no.17 in 5th division no.RC. EE3/GGMP/56A/2023-24, Dt.14.11.2023,Agreement no.63/23-24,Date.22.09.2023' as bad ,illegal, arbitrary, improper, unjust and against the Article 21 of constitution of india and consequently direct the respondents to pay the amounts of Rs.39,00,747/- (Thirty Nine Lakhs, Seven Hundred AndForty Seven Rupees only)with interest @ 24percent per annum for the delayed amount till date of realization for the works executed by the petitioner and pass IA 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 the respondents to forthwith consider releasing the amounts Rs.39,00,747/- (Thirty Nine Lakhs, Seven Hundred AndForty Seven Rupees only)payable to the petitioner herein, pending disposal of the writ petition and pass s Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING The Court made the following: 3 Order:- Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Finance and the learned Standing Counsel for the respondent-corporation. 2. Learned counsel for the petitioner submits that the petitioner has completed the works under Agreement Nos. 52/2023-24, dated 11.10.2023 and 63/2023-24, dated 22.09.2023, entrusted by the respondent-Corporation, and has submitted the final bills. 3. It is submitted that a total amount of Rs. 39,00,747/- is due and payable by the respondent-Corporation to the petitioner on account of the completion of the aforesaid works. However, the said amount has not been paid. 4. The learned Standing Counsel for the respondent-Corporation does not dispute the amount due payable to the petitioner. 5. Considering the submissions, there shall be a direction to the respondent Nos.2 and 4 to verify and release the payments as expeditiously as possible preferably within a period of eight (08) weeks from the date of receipt of a copy of this order. 6. Accordingly, this Writ Petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 28.07.2025 PNS 4 5