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2025 DAILYLAW 26556 (AP)

KARRI TAVITI NAIDU v. THE STATE OF ANDHRA PRADESH

WP/20572/2025 · 2025-08-04

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010375802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20572 OF 2025 Between: Karri Taviti Naidu, S/o. K. Appala Ramanna, Aged about 47 Contractor, years, Occ: Ward No.41, R/0.71-31-152/A, Durga Nagar, Malkapuram, Visakhapatnam, Visakhapatnam District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Special Chief Secretary, Department of Municipal Administration and Urban Development Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra^radesh, Rep. by its Principal Secretary Secretariat Buildings Department of Finance and Planning Velagapudi, Amaravathi, Guntur District. 3. The Director of Municipal Administration, Gorantia, Guntur, Guntur District. 4. The District Collector, Visakhapatnam, Visakhapatnam District. 5. The Greater Visakhapatnam Municipal Corporation, Commissi^er, Visakhapatnam, Visakhapatnam District. 6. The Superintending Engineer, Greater Rep. by its Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 7. The Executive Engineer-IVA Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. w 8. The Chief Executive Officer, AP CFMS Office, Anjaneya Towers, Ibrahimpatnam, Krishna District. 6th Floor, C-Block, ...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 not releasing the amount Rs.4,82;932/- vide M Book No. 651/2016-17, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Providing additional facilities to the Existing community h^jn Gandhi Nagar, vide Agreement No. 184/2618-19/ DB/EE- IVA, dated 14.02.2019 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs.4,82,632/- vide M Book No. 651/2016-17 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith. " of 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 for payment of amount of Rs.4,82,932/- vide M Book No. 651/2016-17 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Providing additional facilities to the Existing community hall in Gandhi Nagar, vide Agreement No. 184/2018-19/ DB/EE- IVA, dated 14.02.2019, pending disposal of the Writ Petition. Counsel for the Petitioner: SMT. MODAPOTHULA SUMALATHA Counsel for the Respondent Nos.1,3 & 4; GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT forthwith 4';. Counsel for the Respondent Nos.2 & 8: GP FOR FINANCE & PLANNING Counsel for the Respondent Nos.5 to 7: SRI A.S.C.BOSE, SC FOR MUNICIPAL CORPORATIONS V The Court made the following order: APHC010375802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20572/2025 Between: 1.KARRI TAVITI NAIDU, S/0. K APPALA RAMANNA, AGED ABOUT 47 YEARS, OCCCONTRACTOR, R/0.71-31-152/A, DURGA NAGAR, WARD N0.41, VISAKHAPATNAM, MALKAPURAM, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF DEPARTMENT OF MUNICIPAL ADMINISTRATION SECRETARIAT BUILDINGS, SECRETARY AND URBAN DEVELOPMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. DEPARTMENT OF FINANCE AND PLANNING 3.THE DIRECTOR OF MUNICIPAL ADMINISTRATION, GORANTLA, GUNTUR, GUNTUR DISTRICT. 4.THE DISTRICT COLLECTOR, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 5.THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, VISAKHAPATNAM DISTRICT. VISAKHAPATNAM, 2 6.THE SUPERINTENDING ENGINEER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 7. THE EXECUTIVE ENGINEERIVA, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 8.THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE, 6TH FLOOR, IBRAHIMPATNAM, KRISHNA C-BLOCK, ANJANEYA TOWERS, 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 a writ of mandamus or any other appropriate writ direction declaring the action of the Respondents not releasing the amount of Rs.4,82,932/- vide M Book No. 651/2016-17, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Providing additional facilities to the Existing community hall in Gandhi Nagar, vide Agreement No. 184/2018-19/ DB/EE- rVA, dated 14.02.2019 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs.4,82,932/- vide M Book No. @24PERCENT per annum for the delayed amount to the petitioner in respect of executionof above- mentionedwork 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 for payment of amount Rs.4,82,932/- vide M Book No. 651/2016-17 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Providing additional facilities to the Existing community hall in Gandhi Nagar, vide Agreement No. 184/2018-19/ DB/EE- IVA, dated 14.02.2019, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner; 1. MODAPOTHULA SUMALATHA Counsel for the Respondent(S): or 651/2016-17 with interest of 3 f 1.GP MUNCIPAL ADMN AND URBAN DEVAP 2.GP FOR FINANCE PLANNING The Court made the following: ' / 4 Order- Learned counsel for the petitioner submits that the petitioner has executed work, as entrusted by the respondents vide Agreement No. 184/2018-19/DB/EE- IVA, dated 14.02.2019, and submitted final bills, competent authority has also recorded the progress of work and certified the work in the M-Book. It is submitted that, in all, an amount of Rs.4,82,932/- is due and payable by the respondents to the petitioner. Though the work recorded in the M-Book, no amounts have been forth coming. It is submitted that the progress was 2. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development; the learned Assistant Government Pleader for Finance & Planning, and the learned Standing Counsel for the respondent-corporation. 3. Considering the submissions, the respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of six (06) 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/- M.PRABHAKAR RAO ASSISTANTREGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Special Chief Secretary, Department of Municip^L^dministration And Urban Development, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh Guntur District. Secretariat Buildings, Velagapudi, Amaravathi 3. The Director of Municipal Administration, Gorantia, Guntur, Guntur District. 4. The District Collector, Visakhapatnam, Visakhapatnam District. 5. The Commissioner, Greater Visakhapatnam Munibipal Corporation, Visakhapatnam, Visakhapatnam District. 6. The Superintending Engineer, Greater VisakhapatnaVn Municipal Corporation, Visakhapatnam, Visakhapatnam District. 7. The Executive Engineer-IVA, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 8. The Chief Executive Officer, AP CFMS Office, 6th Floor, C-Block, Anjaneya Towers, Ibrahimpatnam, Krishna District. 9. One CC to Smt. Modapothula Sumalatha, Advocate [OPUC] 10. One CC to Sri A.S.C. Bose, dc for Municipal Corporations[OPU C] 11. Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh. [OUT] 12. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 13. Two CD Copies ssb 'f “i': V i \ \ [ 1 •X V. HIGH COURT ; ii“ DATED:05/08/2025 i ¥ r ORDER WP No. 20572 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS