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2025 DAILYLAW 27045 (AP)

P VENKATA RAMI REDDY v. THE STATE OF AP

WP/19644/2025 · 2025-07-29

Harinath N

body2025

Judgment text

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APHC010383222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ,./o' vv WEDNESDAY,THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19644 OF 2025 Between: P Venkata Rami Reddy, Aged 68 years, S/o. Late Chinna Malla Reddy, D.N0.25/117-B, SanjeevaNagar, Nandyal, Nandyal District, Andhra Pradesh ...Petitioner AND Of Andhra Pradesh, Rep by its Principal Secretary and Urban Development 1. The State Department of Municipal Administration Secretariat Velagapudi, Amaravathi, Guntur District. State of Andhra Pradesh, Rep.by its Principal Secretary Secretariat, Velagapudi 2. The Department of Finance and Planning Amaravathi, Guntur District. 3. The Nandyal Municipality, Represented by its Commissioner, Nandyal, Nandyal District. 4. The Municipal Engineer, Nandyal Munieipality, Nandyal, Nandyal 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 an appropriate Writ Order or direction more particularly one r r 'V./T 1^ in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs.28,26,855/- (Twenty Eight lakhs Twenty Six thousand Eight hundred Fifty Five rupees) for the year 2023, 2024 even after finalizing the bills, payable to the petitioner in relation to the works (1.) (1 Construction of storm water drain from D.No.25/450-2A- 1253 to water tank in YSR in ward No.38 under 15th FC(3rd call) inNandyal Municipality) 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.28,26,855/- (Twenty Eight lakhs Twenty Six thousand Eight hundred Fifty Five rupees) forthwith release the payments of above bill amount along with 12percent interest. 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 Fligh Court may be pleased to direct the respondents to release and pay the amounts of Rs.28,26,855/- (Twenty Eight lakhs Twenty Six thousand Eight hundred Fifty Five rupees) release the payments of the bill amount along with 12% interest, pending disposal of the writ petition. Counsel for the Petitioner: SRI THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No.2: GP FOR FINANCE PLANNING Counselfor the RespondentNos.3 & 4: SRI B LAKSHMINARAYAN The Court made the following order: > APHC010383222025 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: 19644/2025 Between: 1.P VENKATA RAMI REDDY, AGED 68 YEARS, S/0. LATE CHINNA D.N0.25/117-B, SANJEEVANAGAR, MALLA REDDY, NANDYAL DISTRICT, ANDHRA PRADESH NANDYAL, ...PETITIONER AND 1.THE STATE OF AP, REP BY ITS PRINCIPAL DEPARTMENT OF MUNICIPAL ADMINISTRATION DEVELOPMENT SECRETARIAT VELAGAPUDI GUNTUR DISTRICT. SECRETARY AND URBAN AMARAVATHI, 2.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3.THE NANDYAL MUNICIPALITY, REPRESENTED BY ITS COMMISSIONER, NANDYAL, NANDYAL DISTRICT. 4.THE MUNICIPAL ENGINEER, NANDYAL MUNIEIPALITY NANDYAL DISTRICT. NANDYAL, ...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 appropriate Writ Order or direction i particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the an more payments of pending amounts of 2 € Rs.28,26,855/- (Twenty Eight lakhs Twenty Six thousand Eight hundred Fifty Five rupees) for the year 2023, 2024 even after finalizing the bills, payable to the petitioner in relation to the works (1.) (1 Construction of storm water drain from D.NO.25/450-2A-1253 to water tank in YSR in ward No.38 under 15th FC(3rd call) inNandyal Municipality) 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.28,26,855/- (Twenty Eight lakhs Twenty Six thousand Eight hundred Fifty Five rupees) forthwith release the payments of above bill amount along with 12percent interest and lA NO: 1 OF 2025 % pass 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 and pay the amounts of Rs.28,26,855/- (Twenty Eight lakhs Twenty Six thousand Eight hundred Fifty Five rupees) release the payments of the bill amount along with 12% interest, pending disposal of the writ petition and pass Counsel for the Petitioner: 1.THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR FINANCE PLANNING The Court made the following: 3 Order:- Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Finance and the learned Standing Counsel for the Municipality. Learned counsel for the petitioner submits that the petitioner has 2. completed the works under Agreement No. 157/2023-24, dated 29.08.2024 and Supplemental Agreement No.441/2023-24, dated 17.02.2024, entrusted by the 3^^^ respondent, and has submitted the final bills. It is submitted that a total amount of Rs. 28,26,855/- is due and payable by the 3'^'^ respondent to the petitioner on account of the completion of the 3. aforesaid works. However, the said amount has not been paid. Considering the submissions, there shall be a direction to the 4. respondents to verify and release the payments as expeditiously as possible preferably within a period of eight (08) weeks from the date of receipt of a copy 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, shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary Department of Municipal Administration Urban Development Secretariat Velagapudi, Amaravathi, District. and Guntur /I 2. The Principal Secretary, Department of Finance and Planning Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The Commissioner, Nandyal Municipality, Nandyal, Nandyal District. 4. The Municipal Engineer, Nandyal Munieipality, Nandyal, Nandyal District. 5. One CC to Sri. Thathireddy Ashok Srivastava, Advocate [OPUC] 6. Two CCs to GP For Muncipal Admn Urban Dev, High Court of Andhra Pradesh [OUT] 7. Two CCs to GP For Finance Planning, High Court of Andhra Pradesh [OUT] 8. Two CD Copies. AL HIGH COURT DATED:30/07/2025 ORDER WP NO. 19644 OF 2025 I I ? AOG 7m % Cuireoi aeciuM ^ DISPOSING OF THE W.P. WITHOUT COSTS