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2025 DAILYLAW 26782 (AP)

Kandra Narasaiah v. The State of Andhra Pradesh

WP/19457/2025 · 2025-07-29

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

i >4 ti APHC010378462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19457 OF 2025 Between: Kandra Narasaiah, S/o Pedda Venkaiah aged 66 years, Occ Contractor, R/o. D.No. 4-1-18/1, Kandravaripalem, Anandapuram, Kandukur Mandal, SPSR Nellore District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, A.P Secretariat, Velagapudi, Amaravati, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, A.P. Secretariat, Velagapudi, Amaravati, Guntur District. 3. The Engineer-in-Chief, Public Health, Plot No. 601, Garuda Enclave, Tadepalli, Guntur District. 4. A P Housing Corporation Limited, Vijayawada, NTR District, Rep. by its Managing Director. 5. The District Collector/ Executive Director, A.P. Housing Corporation Limited, SPSR Nellore District, 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. % Kavali 8. The Deputy Executive Engineer, Public Health, Sub Division SPSR Nellore District. ...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, 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 and Part bill and 2nd and Final Bill totaling to Rs 15,33,820/- (Rs. 9,63,918 plus Rs. 5,69,902/-) 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. 088310LA113949 in 10th ward under Navaratnalu - Pedalandariki lllu Programme Phase-1 vide Agreement No. 51/2022-23 dated 09-09-2022 and Supplemental agreement No. 10/2023-24 dt. 04-09-2023 is illegal, arbitrary and unjust and consequently direct the respondents to release an amount of Rs 15,33,820/- with interest 12percent per annum to the petitioner in respect of execution of afore mentioned work. 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 release an amount of Rs 15,33,820/- 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 Layout No. 088310LA113949 in 10th ward under Navaratnalu - Pedalandariki lllu Programme Phase-1 vide Agreement No. 51/2022-23 dated 09-09-2022 and Supplemental agreement No. 10/2023-24 dated 04-09-2023 forthwith, pending disposal of the main Writ Petition. in Counsel for the Petitioner: M/S KAVITHA GOTTIPATI Counsel for the Respondent Nos. 1,3, 7 and 8: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No. 2: GP FOR FINANCE PLANNING Counsel for the Respondent Nos. 4 to 6: SRI KALYAN CHAKRAVARTHI SC FOR APHCL The Court made the following order: APHC010378462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY.THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19457/2025 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 ANDHRA PRADESH, REP. BY ITS PRINCIPAL MUNICIPAL ADMINISTRATION AND URBAN SECRETARY, DEVELOPMENT DEPARTMENT, A.P SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3.THE ENGINEERINCHIEF, PUBLIC HEALTH, PLOT NO. 601, GARUDAENCLAVE,TADEPALLI, GUNTURDISTRICT. 4.A P HOUSING CORPORATION LIMITED, VIJAYAWADA, NTR DISTRICT, REP. BY ITS MANAGING DIRECTOR. 5.THE DISTRICT COLLECTOR/ EXECUTIVE DIRECTOR, A.P. HOUSING CORPORATION LIMITED, SPSR NELLORE DISTRICT, NELLORE. 6.THE DISTRICT HEAD HOUSING, A.P. HOUSING CORPORATION 2 LIMITED, NELLORE, SPSR NELLORE DISTRICT. 7.THE EXECUTIVE ENGINEER, PUBLIC HEALTH SPECIAL DIVISION, NELLORE, SPSR NELLORE DISTRICT. 8.THE DEPUTY EXECUTIVE ENGINEER, PUBLIC HEALTH, SUB DIVISION, KAVALI, SPSR NELLORE 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, 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 and Part bill and 2nd and Final Bill totalling to Rs 15,33,820/- (Rs. 9,63,918 plus Rs. 5,69,902/-) even after finalizing the bills payable to the petitioner in relation to the execution of work i.e. Kandokur - Providing water supply by drilling of Additional borewells. Sump and necessary Pipelines to Houses Construction in Layout No. 088310LA113949 in 10th ward under Navaratnalu - Pedalandariki lllu Programme Phase-1 vide Agreement No. 51/2022-23 dated 09-09-2022 and Supplemental agreement No. 10/2023-24 dt. 04-09-2023 is illegal, arbitrary and unjust and consequently direct the respondents to release an amount of Rs 15,33,820/- with interest 12percent per annum to the petitioner in respect of execution of afore mentioned work 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 15,33,820/- 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. 088310LA113949 in 10th ward under Navaratnalu - Pedalandariki lllu Programme Phase-1 vide Agreement No. 51/2022-23 dated 09-09-2022 and Supplemental agreement No. 10/2023-24 dated 04-09- 2023 forthwith, pending disposal of the main Writ Petition Counsel for the Petitioner: 1.KAVITHA GOTTIPATI Counsel for the Respondent{S): 3 1.GP MUNCIPAL ADMN AND URBAN DEVAP 2.GP FOR FINANCE PLANNING The Court made the following: 4 Order;- Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Finance and the learned Standing Counsel for the respondent-corporation. Learned counsel for the petitioner submits that the petitioner has completed the works under Agreement No. 51/2022-23, dated 09.09.2022 and Supplemental Agreement No. 10/2023-24, dated 04.09.2023, entrusted by the respondent-corporation, and has submitted the final bills. It is submitted that a total amount of Rs. 15,33,820/- 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. 2. 3. Considering the submissions, there shall be a direction to the respondents to verify and release the payments as expeditiously as possible preferably within a period of six (06) weeks from the date of receipt of a copy 4. of this order. Accordingly, this Writ Petition is disposed off. There shall be no order as 5. to costs. As a sequel, miscellaneous petitions pending, if any, shal|_stand closed. Sd/- N. NAGAMMA ASSISTANT^EGIST^R ^Sl^lCER //true copy// SEC To, and Urban Municipal Administration , State of Andhra Pradesh, A.P Secretariat 1. The Principal Secretary Development Department Velagapudi, Amaravati, Guntur District. Andhra Finance Department, State of Andhra 2 The Principal Secretary, . . • * Pradesh, A.P. Secretariat, Velagapudi, Amaravati, Guntur District. 3. The Engineer-in-Chief, Public Health, Plot No. 601, Garuda Enclave, Tadepalli, Guntur District. 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 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, Sub Division, Kavali, SPSR Nellore District. 9. One CC to M/s Kavitha Gottipati Advocate [OPUC] One CC to Sri. Kalyan Chakravarthi SC for APHCL [OPUC] Two CCs to GP for Finance Planning, High Court of Andhra Pradesh [OUT] Two CCs to GP for Municipal Admin and Urban Development, High Court of Andhra Pradesh [OUT] Two CD Copies 10. 11. 12. 13. gsc HIGH COURT DATED:30/07/2025 ORDER WP NO. 19457 OF 2025 DISPOSING THE WP WITHOUT COSTS