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2025 DAILYLAW 26421 (AP)

KOLLI KOTI REDDY v. THE STATE OF ANDHRA PRADESH

WP/19078/2025 · 2025-07-24

Harinath N

body2025

Judgment text

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APHC010373772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19078 OF 2025 Between: Kolli Koti Reddy, S/o. Kolli Nagi Reddy, Aged 44 years. Flat no.78-6- 12, Kundaravari kandrika, Pathapadu (v) Vijayawada. ...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 Executive Engineer-ll, Municipal Corporation, Vijayawada, NTR District. 3. The Vijayawada Municipal Corporation, Rep.by Commissioner, Vijayawada,NTR District. 4. The District Collector, NTR District 5. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Finance and Planning Velagapudi, Amaravathi, Guntur District. Secretariat Buildings, ...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 an appropriate Writ Crder 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 Rs.93,21,210/- (Ninety Three Lakhs, Twenty One Thousand Two Hundred And Ten Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e. “I. Providing Culverts in Vedurupavaluru south layout (66.25) acres at gannavaram mandal (reachl) (APSHCL Funds) Agreement no.54/GGMP/2022- 23 ,Dt 28-10-2022(Rs.43,38,965/-).,ll. Providing access joad to kapu community Hall and ward Sachivalayam 271 with paver Blocks at LBS Nagar 62th division (Ell-119348/2023),Agreement no.57/GGMP/2023- 2024,Date18.12.2023(Rs.19,28,413/-),III.Raising of low level roads and culerts at D.No.77-2-1 to 77-2-14,D.No.77-5-14 to 77-5-27 and D.No.77-8-1 to 77-8-13 in Santhi nagar 61th Division (GGMP Funds) (El 1-11358/2022) Agreement no.34/2022-23,Date 24-12-2022(Rs.11,80,483/-),IV.Providing CC Roads to 277 Sachivalayam road in visalandhra colony 63rd Division of Vijayawada Municipal corporation (GGMP Funds) (MA LID-10732- 12317)(E11- 117029/2023), Agreement no.40/2023-24,Date 5.10.2023(Rs. 18,73,349/-)” 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. 93,21,210/- (Ninety Three Lakhs, Twenty One Thousand Two Hundred And Ten Rupees only) with interest @ 24 percent per annum for the delayed amount till date of realization for the petitioner. works executed by the 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 forthwith consider releasing the amounts Rs. 93,21,210/- (Ninety Three Lakhs, Twenty One Thousand Two Hundred And Ten Rupees only) payable to the petitioner herein, pending disposal of the writ petition. Counsel for the Petitioner: SRI DEVASRI ROSHAN KANCHARLA Counsel for the Respondent Nos. 1 and 2: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No. 3: SRI S V S S SIVA RAM SC FOR MUNICIPAL CORPORATION Counsel for the Respondent No. 5: GP FOR FINANCE PLANNING The Court made the following order: "V APHC010373772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19078/2025 Between: 1.KOLLI KOTI REDDY, S/0. KOLLI NAGI REDDY,AGED 44 YEARS, FLAT NO.78-6-12, KUNDARAVARI KANDRIKA, PATHAPADU (V) VIJAYAWADA. ...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 EXECUTIVE ENGINEERLL, MUNICIPAL CORPORATION , VIJAYAWADA, NTR DISTRICT. 3.THE VIJAYAWADA MUNICIPAL CORPORATION, REP.BY. COMMISSIONER, VIJAYAWADA, NTR DISTRICT. 4.THE DISTRICT COLLECTOR, NTR DISTRICT 5.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 2 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 Rs.93,21,210/- (Ninety Three Lakhs, Twenty One Thousand Two Hundred And Ten Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e.l. Providing Culverts in Vedurupavaluru south layout (66.25) acres at gannavaram mandal (reachl) (APSHCL Funds) Agreement no.54/GGMP/2022- Providing access road to kapu community Hall and ward Sachivalayam 271 with paver Blocks at LBS Nagar 62th division (Ell-119348/2023),Agreement .57/GGMP/2023- 2024,Date18.12.2023(Rs.19,28,413/-),Ill.Raising of low level roads and culerts at D.No.77-2-1 to 77-2-14,0.Mo.77-5-14 to 77-5-27 and D No 77-8-1 to 77-8-13 in Santhi nagar 61th Division (GGMP Funds) 24-12- Dt 28-10-2022(Rs.43,38,965/-).,II. 23 no no.34/2022-23,Date Agreement (El 1-11358/2022) 2022(Rs.11,80,483/-),lV.Providing CC Roads to 277 Sachivalayam road in visalandhra colony 63rd (GGMP Funds) (MA UD-10732-12317)(E11- 117029/2023), Agreement .40/2023-24,Date 5.10.2023(Rs. 18,73,349/-) as bad ,illegal, arbitrary, unjust and against the Article 21 of constitution of india and Division of Vijayawada Municipal corporation no improper consequently direct the respondents to pay the amounts of Rs. 93,21,210/- (Ninety Three Lakhs, Twenty One Thousand Two Hundred And Ten Rupees only) with interest @ 24 percent per annum for the delayed amount till date of realization for the works executed by the petitioner 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 pleased to direct the respondents to forthwith consider releasing the amounts Rs. 93,21,210/- (Ninety Three Lakhs, Twenty One Thousand Two Hundred And Ten Rupees only) payable to the petitioner herein, pending disposal of the writ petition and pass 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 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 and submitted the final bills for release of payments. It is submitted that the works have been completed to the best satisfaction of the 3'^'^ respondent. Learned Standing Counsel for the 3''^ respondent, on written instructions, submits that all the payments of the petitioner are finalized and payments would be released shortly as the bills are now under process in NIDHI Portal of Government of Andhra Pradesh, except for an amount of Rs. 10,000/- which is disputed amount. The written instructions submitted by the learned Standing Counsel for the 3''"’ respondent would indicate that the bills as claimed by the petitioner are said to be released shortly except for disputed amount of Rs.10,000/-. 2. 3. Recording the same, the Writ Petition is closed, directing the respondent Nos.3 and 5 to credit the undisputed amounts to the account of the petitioner within a period of eight (8) weeks from the date of receipt of a copy of this order. No costs. 4. 5. Pending miscellaneous petitions, if any, shall stand closed. Sd/- G. HELA NAIDU assistant registrar //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri. Devasri Roshan Kancharla Advocate [OPUC] 2. One CC to Sri S V S S Sivaram SC for Municipal Corporation [OPUC] 3. Two CCs to GP for Finance Planning, High Court of Andhra Pradesh [OUT] 4. Two CCs to Court of Andhra Pradesh [OUT] 5. Two CD Copies GSC GP for Municipal Admin and Urban Devlopment, High I % HIGH COURT DATED:25/07/2025 ORDER WP NO. 19078 OF 2025 17 SEP 2125 n . Current ijectlon . ^ ■^^fSPATCH^^ 2=> X O .C9/i CLOSING THE WP WITHOUT COSTS