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2025 DAILYLAW 26705 (AP)

KANDRA NARASAIAH v. THE STATE OF AP

WP/19574/2025 · 2025-07-30

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

it ! 1 APHC010378452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY.THE THIRTY FIRST DAY OF JULY'.|5 TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N^-^ WRIT PETITION NO: 19fi74 r>F 2025 01: v^- o !) Between: Kandra Narasaiah, S/o Pedd^"venkaiah R/o. D.No. Kandravarip'^m, SPSR Nellore District. aged 66 years, Occ Contractor, Anandapuram, Kandukur Mandal ...PETITIONER AND 1. The State of Andhra Pradesh, Municipal Admini^ation Rep. by its Principal Secretary, Urban Development Department Secretariat, Velagapudi, Amaravati, Guntur District. 2. TheStateofAndhraPradesh, Rep. by its Principal Secretary, FinW Department, A.P. Secretariat, Velagapudi, Amaravati, Guntur District. 3. The Engineer-in-Chief, Public Health A.P Plot No. 601, Garuda Enclave Tadepalli, Guntur District. 4. A. P. Housing Corporation Limited, Vijayawada its Managing Director. 5. The District Collector/Executive f Limited, SPSR Nellore District, Nellore. 6. The District Head Housing, A.P. Housing Corporation SPSR Nellore District. 7. The Executive Engineer, Public Health Nellore District. v " , NTR District, Rep. by Director, A.P. Housing Corporation Limited, Nehore, Special Division, Nellore, SPSR 8. The Deputy Executive Engineer, Public Health, SPSR Nellore District. , / Sub Division, KaVali, ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, pleased to issue a writ, order the High Court may be or direction more particularly one in the nature of a writ of Mandamus declaring the action of the the 1« & Part bill 2"“ Final Bill totalling to Rs Rs. 77,970/-) even after finalizing the bills payable to to the execution of work i. respondents in not releasing 7,24,281/-(Rs. 6,46,311 + the petitioner in relation e. Kandukur - Providing water supply by drilling Additional borewells, Sump and necessary Pipelines to Houses Construction in Layout No. 08836LA113947 in 6*'' of ward under Navaratna^- Pedalandariki lllu Programme Phase-1 vide Agreement No. 52/2b22-23 dt Illegal, arbitrary and unjust and consequently direct the amount of Rs 7,24,^1/ . 09-09-2022 is respondents to release - with interest 12% per annum to the petitioner in .v,/ - an respect of execution of afore mentioned work lA NO: 1 OF Petition under Section IsYcPC in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to release an amount of Rs 7,24,»1/- to the petitioner - Providing water supply by drilling of necessary Pipelines to Houses Construction praying that in the circumstances stated in respect of work done i.e. Kandi>lair Additional borewells. Sump and in Layout No. 08836LA113947 in ward under Navaratnalu - Pedalandariki lllu Programme Phase-1 vide Agreement No. 52/2&22-2Z forthwith, pending disposal of the dated 09-09-2022 main Writ Petition. ^ Counsel for the Petitioner: M/s. KAVITHA GOTTIPATI Counsel for the Respondent Nos.1,3, 7 & 8: GP MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2:GP FOR FINANCE AND Counsel for the Respondent Nos.4 to 6: SRI R. KALYAN'--^ CHAKRAVARTHY, SC FOR APHCL PLANNING The Court made the following order: APHC010378452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19574/2025 7^ [3457] 0k Between: 1.KANDRA NARASAIAH, S/0 PEDDA VENKAIAH, AGED 66 YEARS, OCC CONTRACTOR, R/0. D.NO. 4-1-18/1, KANDRAVARIPALEM ANANDAPURAM, KANDUKUR MANDAL DISTRICT. SPSR NELLORE ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION URBAN DEPARTMENT, A.P SECRETARIAT, VELAGAPUDI GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 3.THE ENGINEERINCHIEF, DEVELOPMENT , AMARAVATI, FINANCE DEPARTMENT A.P. SECRETARIAT, PUBLIC HEALTH, PLOT NO. 601 GARUDA ENCLAVE, TADEPALLI, GUNTUR DISTRICT 4.A P HOUSING CORPORATION LIMITED, DISTRICT, REP. BY ITS MANAGING DIRECTOR 5.THE DISTRICT COLLECTOR HOUSING CORPORATION LIMITED NELLORE. 6.THE DISTRICT HEAD HOUSING, A.P. HOUSING CORPORATION LIMITED, NELLORE, SPSR NELLORE DISTRICT. 7.THE EXECUTIVE ENGINEER, PUBLIC HEALTH SPECIAL DIVISION NELLORE, SPSR NELLORE DISTRICT. 8.THE DEPUTY EXECUTIVE ENGINEER, PUBLIC HEALTH DIVISION, KAVALI, SPSR NELLORE DISTRICT. VIJAYAWADA, NTR EXECUTIVE DIRECTOR, A.P. SPSR NELLORE DISTRICT. SUB ^ . ...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, order or direction more particularly one in the nature of a writ of Mandamus declaring the action of the respondents in not releasing the 1ST Part bill 2ND Final Bill totalling to Rs 7,24,281/-(Rs. 6,46,311 Rs. 77,970/-) even after finalizing the bills payable to the petitioner in relation to the execution of work i.e. Kandukur - Providing water supply by drilling of Additional borewells. Sump and necessary Pipelines to Houses Construction in Layout No. 08836LA113947 in 6TH ward under Navaratnalu - Pedalandariki lllu Programme Phase-1 vide Agreement No. 52/2022-23 dt. 09-09-2022 is illegal, arbitrary and unjust and consequently respondents to release an amount of Rs 7,24,281/- with interest 12PERCENT per annum to the petitioner in respect of execution of afore mentioned work 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 release an amount of Rs 7,24,281/- to the petitioner in respect of work done i.e. Kandukur - Providing water supply by drilling of Additional borewells. Sump and necessary Pipelines to Houses Construction in Layout No. 08836LA113947 in ward under Navaratnalu - Pedalandariki lllu Programme Phase-1 vide Agreement No. 52/2022-23 dated 09-09-2022 forthwith, pending disposal of the main Writ Petition, and to pass Counsel for the Petitioner: 1.KAVITHA GOTTIPATI Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEVAP 2.GP FOR FINANCE PLANNING direct the The Court made the following Order: Learned counsel for the petitioner submits that the petitioner has executed works as entrusted by the 7*^ respondent. It is submitted that the r 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.7,24,281/- is due and payable by the respondents to the petitioner. Though the work progress was recorded in the M-Book, no amounts have been forth coming. 2. Heard the learned counsel for the petitioner; the learned Assistant Government Pleader for Municipal Administration and Urban Development; for the respondent Nos.1, 3, 7 and 8, the learned Assistant Government Pleader for Finance and Planning, for the 2'^^ respondent and the learned Standing Counsel for the respondent Nos.4 to 6. Considering the submissions, the respondents 2 to 8 are hereby directed to verify and release the payments due payable to the petitioner as 3. expeditiously as possible preferably within a period of six (6) 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 ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To Municipal /Ministration 1. The Principal Secretary, Development Department, State of Andhra Pradesh, A.P Secretariat Urban Velagapudi, Amaravati, Guntur District. The Principal Secretary, 2. Finance Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravati, Guntur District. The Engineer-in-Chief, Public Health, Plot No. SOI^aruda Enclave, Tadepalli, Guntur District. 3. 4. The Managing Director, A. P. Housing Corporation Limited, Vijayawada, NTR District. ' 5. The District Collector/Executive Director, A.P. Housing Corporation Limited, SPSR Nellore District, Nellore. ^ 6. The District Head SPSR Nellore District. 7. The Executive Engineer, Public Health Special Division, Nelldfe. Nellore District. 8. The Deputy Executive Engineer, Public Health, Sub Division, K^vali, SPSR Nellore District. 9. One CC to M/s. Kavitha Gottipati, Advocate [OPUC] 10. One CC to Sri R. Kalyan Chakravarthy, SC for APHCL[OPUC] 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. Housing^.P. Housing Corporation Limited, Nellore SPSR ssb I A HIGH COURT DATED:31/07/2025 ORDER WP No.19574 OF 2025 SJ sc I < AUG 2025 JIS! '^4SP4i£si Co DISPOSING OF THE W.P. WITHOUT COSTS