Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 27080 (AP)

ANGA RAMESH v. THE STATE OF ANDHRA PRADESH

WP/19653/2025 · 2025-07-30

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

5 APHC010383522025 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. WRIT PETITION NO: 19653 OF 209R s N r Between: Anga Ramesh, S/o. Appa Rao, Aged R/o.63-4-44/1 about 64 years, Occ; Contractor, Srihari Puram, Pavanputra Nagar, Visakhapatnam, Visakhapatnam District. Malkapuram, ...PETITIONER AND 1. The State of Andhra Pradesh Rep. by its Special Chief Secretary Department of Municipal Administration And Urban Development, , Guntur District. Secretariat Buildings, Velagapudi, Amaravathi 2. The State of Andhra Pradesh Department of Finance Rep. by its Principal Secretary, Secretariat Buildings, and Planning, Velagapudi, Amaravathi, Guntur District. 3. The Director of Municipal Administration District. Gorantia, Guntur, Guntur 4. The District Collector, Visakhapatnam, Visakhapatnam 5. The Greater Visakhapatnam District. Municipal Corporation, Rep. by its Commissioner, Visakhapatnam, Visakhapatnam District. 6. The Superintending Engineer Greater Visakhapatnam Municipal I District. Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. Corporation, Visakhapatnam, Visakhapatnam 7. The Executive Engineer-IV 8. The Chief Executive Officer, APIIC Building, Mangalagiri, Guntur r APCFSS, 3'^^ Floor, Nidhi Bhavan, Behind District, Pincode 522503. ...Respondents Petition under Article 226 of the Constitution of India praying that in the arcumstances stated in the affidavit filed therewith, the High Court may be Pleased to issue a writ of mandamus or any other appropriate writ or direln declaring the action of the Respondents not releasing the amount 10,60,442/- vide M Book No. of Rs. even after finalizing the bills. 1286/2015-16 payable to the petitioner in relation to the works i. e.. Construction of Bhavana .rmana karm.kula building in Ward No.46, vide Agreement No SE(W)/EE- IVB/DB, dated . 154/17-18/ 27.06.2017 is questioned. as the same is illegal, to pay for payment of arbitrary and consequently direct the respondents amount of Rs. 10,60,442/- vide M Book No. 1286/2015-16 with interest delayed amount to the petitioner i @24% per annum for the ^ execution of above- mentioned work forthwith. in respect of jA NO: 1 OF 7091^ Petition under Section 151 CPC in the affidavit filed i direct the respondents to praying that in the circumstances stated in support of the petition, the High Court may be pleased to pay for payment of amount of Rs. 10,60,442/- vide M Book No. 1286/2015-16 with interest @24% amount to the petitioner i Bhavana nirmana karmikula building 154/17-18/ SE(W)/EE-IVB/DB, Of the Writ Petition. per annum for the delayed in respect of execution of works i.e. Construction of in Ward No.46, vide Agreement dated 27.06.2017, forthwith. No. pending disposal Counsel for the Petitioner: Counsel for the Respondent Nos. SMT. MODAPOTHULA SUMALATHA 1,3 & 4: GP FOR MUNICIPAL administration and urban development Counsel for the Respondent Counsel for the Respondent Nos.2 & 8:GP FOR FINANCE Nos.5, 6 & 7: SRI A.S. & planning C.BOSE, SC FOR municipal corporations The Court made the following order: r APHC010383522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19653/2025 Between: I.ANGA RAMESH, S/0. APPA RAO, AGED ABOUT 64 YEARS, OCC CONTRACTOR, R/0.63-4-44/1, PAVANPUTRA NAGAR, SRIHARI PURAM, 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, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3.THE DIRECTOR OF MUNICIPAL ADMINISTRATION, GORANTLA, GUNTUR, GUNTUR DISTRICT. 4.THE DISTRICT COLLECTOR, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 5.THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, REP. BY ITS COMMISSIONER, VISAKHAPATNAM DISTRICT. 6.THE SUPERINTENDING ENGINEER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 7.THE EXECUTIVE ENGINEERIV, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 8.THE CHIEF EXECUTIVE OFFICER, , APCFSS, 3RD FLOOR, NIDHI BHAVAN, BEHIND APIIC BUILDING, MANGALAGIRI, GUNTUR DISTRICT, PINCODE 522503. ...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 tomay 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 of Rs. 10,60,442/- vide M Book No. 1286/2015-16, even 2 after finalizing the bills, payable to the petitioner in relation to the works i e Construction of Bhavana nirmana karmikula building in Ward No 46 vide Agreement No 154/17-18/ SE(W)/EE- IVB/DB dated 27 06 2017 Is JL ® T and consequently direct the espondents to pay for payment ^amount of Rs. 10.60,442/- Jde M Book o. 1286/2015-16 with interest @24percent per annum for the delaved forth;:^ and pa'^s'such" lA NO: 1 OF 2n7S in ‘he circumstances stated in the affidavit Wed m support of the petition, the High Court may be pieased direct the respondents to pay for payment of amount of R«; fo°r’?hP^H^f' ^ '^286/2015-16 with interest @24% per annum Constructiornf Petitioner in respect of execution of works i.e. Construction of Bhavana nirmana karmikuia buiiding in Ward No 46 vide Agreement No. 154/17-18/SE(W)/EE-iVB/DB, dated 27.06.2017 fortJith pending disposal of the Writ Petition and pass such Counsel for the Petitioner: 1. MODAPOTHULA SUMALATHA Counsel for the Respondent{S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR FINANCE PLANNING 3 The Court made the following Order; Learned counsel for the petitioner submits that the petitioner has karimikula building as executed work of construction of Bhavana nirmana respondent-corporation vide Agreement No. 154/17- th entrusted by the 5 18/SE(W)/EE-IVB/DB, dated 27.06.2017. It is submitted that the competent of work and certified the work in the authority has also recorded the progress M-Book. It is submitted that, in all, an amount of Rs. 10,60,442/- is due and payable by the respondents to the petitioner. Though the work progress recorded in the M-Book, no amounts have been forth coming. 2. Heard the learned counsel for the petitioner; the learned Assistant Pleader for Municipal Administration and Urban Development, for 3, 4 and 8, the learned Assistant Government Pleader respondent and the learned Standing was Government the respondent Nos.1 nd for Finance and Planning, for the 2 Counsel for the respondent Nos.5 to 7. Considering the submissions, the respondents 2 to 8 are hereby directed to verify and release the payments due payable to the petitioner as possible preferably within a period of six (6) weeks from the 3. expeditiously as date of receipt of a copy of this order. 4. Accordingly, the Writ Petition is disposed of. No costs. 5. Pendina miscellaneous oetitions. if anv. shall staad closed. Sd/-SHAIK MOHD. RAFl ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Special Chief Secretary, Department of Municipal Administration Urban Development, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. and d' 2. The Principal Secretary, Department of Finance Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 3. The Director of Municipal Administration District. and Planning, State of Amaravathi, Gorantia, Guntur, Guntur 4. The District Collector, Visakhapatnam, Visakhapatnam District. 5. The Commissioner, Greater Visakhapatnam Visakhapatnam, Visakhapatnam District. 6. The Superintending Engineer, Greater Municipal Corporation, Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 7. The Executive Engineer-IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 8. The Chief Executive Officer, APCFSS, 3^^^ Floor, Nidhi Bhavan, Behind APIIC Building, Mangalagiri, Guntur District, Pincode 522503. 9. One CC to Smt. Modapothula Sumalatha, Advocate [OPUC] 10. One CC to Sri A.S.C. Bose, SC 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 9 HIGH COURT DATED;31/07/2025 ORDER WP No.19653 OF 2025 ’2 AU6 2075 % * Secnon -W IS DISPOSING OF THE W.P. WITHOUT COSTS