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High Court of Andhra Pradesh · body

2025 DAILYLAW 26175 (AP)

IRLA THIRUPALU v. THE STATE OF ANDHRA PRADESH

WP/19290/2025 · 2025-07-27

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

‘I APHC010370232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) S MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19290 OF 2Q2fi Between: Irla Thirupalu, S/o. Venkaiah, Aged 60 years, Occ; Contractor, R/o. Prakash Nagar, Ajith Singh Nagar, Vijayawada, N T R District ...Petitioner AND 1. The State of Andhra Pradesh, r Municipal Administration Department Amaravati, Guntur District. 2. The Commissioner and Director of Municipai Administration Crest, 4th Floor, Near DGP Office Guntur District. 3. The Vijayawada Municipal Corporation Vijayawada, N T R District. 4. The Superintendent Engineer, Vijayawada, Vijayawada Municipai 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 x" Rep. by its Principal Secretary, , AP Secretariat, Velagapudi, Prime Hill Vaddeswaram Village, Mangalagiri, Rep. by its Commissioner, 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.10,23,580/-and 2) Rs. 18,09,999/- /- and totally Rs.28,33,579/- an amount even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1) Construction of CC Roads and Drains in Sivalayam and NTR district, the YSRCP party road is located in the 42th Division Vijayawada Municipal Corporation, and 2) Construction of community hall (Balance) in Mallikarjuna Peta of Sachivalayam Vijayawada Municipal Corporation is questioned, as the same is illegal, arbitrary and consequently direct the respondents to Rs.10,23,580/-and 2) Rs. 18,09,999/- /- and totally with interest @12percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work. 113 38th Division pay the amounts of 1) an amount Rs.28,33,579/- lA NO: 1 OF 7a9fi 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.10,23,580/-and 2) Rs. 18,09,999/- /- and totally an amount Rs.28 33 579/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1) Construction of CC Roads and Drains in Sivalayam and NTR district, the YSRCP party road IS located in the 42th Division Vijayawada Municipal Construction of Corporation, and 2) Mallikarjuna Peta of Municipal Corporation forthwith community hall (Balance) in Sachivalayam 113, 38th Division Vijayawada pending disposal of the Writ Petition. Counsel for the Petitioner: SRI PRATHIWADA VARUN Counsel for the Respondent Nos. 1,2, 4 to 6- URBAN DEV KUMAR GP MUNCIPAL ADMN AND ^ Counsel for the Respondent No. 3: SRI SVSS SIVARAM SC FOR MUNICIPAL CORPORATION Counsel for the Respondent No. 7:GP FOR FINANCE PLANNING / The Court made the following order: APHC010370232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAYJHE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19290/2025 Between: 1.IRLA THIRUPALU, S/O.VENKAIAH CONTRACTOR VIJAYAWADA, N T R DISTRICT AGED 60 YEARS, OCC. R/O.PRAKASH NAGAR,AJITH SINGH NAGAR, ...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 FINANCE DEPARTMENT, SECRETARY, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. AP SECRETARIAT, ...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 or direction declaring the action of the Respondents in withholding the payment of an amounts of 1) Rs.10,23,580/-and 2) Rs. 18,09,999/- /- and totally an amount Rs.28,33,579/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1) Construction of CC Roads and Drains in Sivalayam and NTR district, the YSRCP party road is located in the 42th Division Vijayawada Municipal Corporation, and 2) Construction of community hall (Balance) in Mallikarjuna Peta of Sachivalayam 113 38th Division Vijayawada Municipal Corporation is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay the amounts of 1) Rs.10,23,580/-and 2) Rs. 18,09,999/- /- and totally an amount Rs.28,33,579/- with interest @12percent 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 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.10,23,580/-and 2) Rs. 18,09,999/- /- and totally an amount Rs.28,33,579/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1) Construction of CC Roads and Drains in Sivalayam and NTR district, the YSRCP party road is located in the 42th Division Vijayawada Municipal Corporation, and 2) Construction of community hall (Balance) in Mallikarjuna Peta of Sachivalayam 113, 38th 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 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner has executed works as entrusted by the 3^^ respondent-corporation. It is submitted that the competent authority has also recorded the progress of work and certified the work in the M-Book. However, no amounts have been forth coming. Heard the learned counsel for the petitioner; the learned Assistant Government Pleader for Municipal Administration and Urban Development; for the respondents 1 and 2, the learned Assistant Government Pleader for Finance and Planning, for the 7*'^ respondent and the learned Standing Counsel for the respondent Nos.3 to 6. Considering the submissions, the respondents 3 to 7 are hereby directed to verify and release the payments 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. 2. 3. 4. Pending miscellaneous petitions, if any, shall stand closed. 5. Sd/- K.J.RAJA BABUf ASSISTANT REGISTRAR //TRUE COPY// SECttON OFFICER To 1. The Principal Secretary, Municipal Administration Department, State of AP Secretariat, Velagapudi Amaravati, Guntur Andhra Pradesh, 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, 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 Pradesh, AP Secretariat, Velagapudi, Amaravati, Guntur District. 8. One CC to Sri. Prathiwada Varun Kumar Advocate [OPUC] 9. One CC to Sri. S.V.S.S Sivaram SC for Municipal Corporation [OPUC] Two CCs to GP For Finance Planning Fligh Court of Andhra Pradesh [OUT] Two CCs to GP For Municipal Admin and Urban Development High Court of Andhra Pradesh [OUT] Two CD Copies Finance Department, State of Andhra 10. / 11. 12. GSC HIGH COURT DATED:28/07/2025 ORDER WP NO. 19290 OF 2025 1 I AUG 2025 jgl isCurrentSKSo#.^^ o DISPOSING THE WP WITHOUT COSTS