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2025 DAILYLAW 27142 (AP)

DUPANA RAMA RAO v. The State of Andhra Pradesh,

WP/19696/2025 · 2025-07-30

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010383542025 IN THE HIGH COURT OF ANDHRA PRADESFF AT AMARAVATI (Special Original Jurisdiction) THURSDAY. THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HON’BLE SRI JUSTICE HARINATH.I^ WRIT PETITION NO: 19696 OF 2025 ^ Between: Dupana Rama Rao, S/o. Muttenna, Aged about 49 years, Occ: Contractor, R/o. 71-31-466, Trinadhapuram, Malkapuram Visakhapatnam District. , Gajuwaka, Visakhapatnam, ...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 Pradesh Rep. by its Principal Secretary, Secretariat Buildings, Department of Finance and Planning, Velagapudi, Amaravathi, Guntur District. 3. The Director of Municipal Administration, District. Gorantia, Guntur, Guntur 4. The District Coiiector, Visakhapatnam, Visakhapatnam District. 5. The Greater Visakhapatnam Municipal I Commissioner, Visakhapatnam, Visakhapatnam District. 6. The Superintending Engineer, Greater Corporation, Rep. by its Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District 7. The Executive Engineer-IV Greater Visakhapatnam Municipal I Corporation, Visakhapatnam, Visakhapatnam District. ICS' 8. The Chief Executive Officer, APCFSS, 3rd Floor, Nidhi Bhavan, Behind APIIC Building, Mangalagiri, Guntur District, Pincode 522503. ...Respondents^ Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the Fligh 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 of Rs.9,66,038/- vide M Book No. 502/2016-17 even after finalizing the bills, payable to the petitioner in relation to the works i.e., Construction of Toilet and Balance work to the Community hall at Trinadhapuram, Ward No.49 (SDF), vide Agreement No. 116/18-19/EE-IVB/DB, dated 04.01.2019 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs.9,66,(538/- vide M Book No. 502^016-17 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith. ^ 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.9,66,038/- vide M Book No. 502/2016-17 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Construction of Toilet and Balance work to the Community hall Trinadhapuram, Ward No.49 (SDF), vide Agreement No. 116/18-19/EE-IVB/DB, dated 04.01.2019 pending disposal of the Writ petition. Counsel for the Petitioner: M/S. MODAPOTHULA SUMALATHA — Counsel for the Respondent Nos.1, 3 & 4: GP FOR MUNCIPAL ADMN" AND URBAN DEV Counsel for the Respondent Nos. 5 to 7: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS)- forthwith. Counsel for the Respondent Nos. 2 & 8: The Court made the following order: GP FOR FINANCE & PLANNING^ APHC010383542025 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: 19696/2025 [3457] Between: 1.DUPANA RAMA RAO, S/0. MUTTENNA, AGED ABOUT 49 YEARS, OCC CONTRACTOR, MALKAPURAM CRAJUWAKA, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. R/0. 71-31-466, TRINADHAPURAM ...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 PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, 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 reasons, it is prayed that this Hon'ble a writ of mandamus or any other action of the amount of Rs.9,66,038/- vide M appropriate writ or direction declaring the Respondents not releasing the Book No. 502/2016-17, the petitioner in relation to the works i. after finalizing the bills, payableeven to e.. Construction of Toilet and Balance work to the Community hall at Trinadhapuram, Ward No.49 (SDF), vide Agreement No. 116/18-19/EE-IVB/DB, dated 04.01.2019 is questioned, as the illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs.9,66,038/- vide M Book No. 502/2016-17 with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass such 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 may please to direct the respondents to pay for payment of amount of Rs.9,66,038/- 502/2016-17 with interest @24% delayed amount to the vide M Book No. per annum for the petitioner in respect of execution of works i.e. Construction of Toilet and Trinadhapuram, Ward No.49 (SDF), vide Agreement No. 116/18-19/EE- IVB/DB, dated 04.01.2019, forthwith, pending disposal of the Writ petition and pass such Counsel for the Petitioner: 1. MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1.GPFORMUNCIPALADMN URBAN DEV 2.GP FOR FINANCE PLANNING same is Balance work to the Community hall The Court made the following Order: counsel for the petitioner submits that the petitioner has executed work of construction of Toilet and Balance work to the Community Hall at Trinadhapuram as entrusted by the 5''^ respondent-Corporation vide Agreement No.116/18-19/EE-IVB/DB, dated 04.01.2019. It is submitted that the 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.9,66,038/- 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, 4 and 8, the learned Assistant Government Pleader for Finance and Planning, for the 2"^^ respondent and the learned Standing Counsel for the respondent Nos.5 to 7. 3. Considering the submissions, the respondents 2 to 8 are hereby directed to verify and release the payments due payable to the petitioner as 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. Learned Sd/- M.RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// S^CTfdN OFFICER To, 1. The Special Chief Secretary, Department of Municipal Administration And Urban Development, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary, Department of Finance Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The Director of Municipal Administration, Gorantia, Guntur, Guntur District. and Planning 4. The District Collector, Visakhapatnam, Visakhapatnam District. 5. The Commissioner, Greater Visakhapatnam Municipal Corporation Visakhapatnam, Visakhapatnam District. 6. The Superintending Engineer, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 7. The Executive Engineer-IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 8. The Chief Executive Officer, APCFSS, 3rd Floor, Nidhi Bhavan APIIC Building, Mangalagiri, Guntur District, Pincode 522503. 9. One CC to M/s. Modapothula Sumalatha Advocate [OPUC] 10. One CC to Sri ASC Bose (SC for Municipal Corporations) Advocate [OPUC] Behind 11. Two CCs to GP for Muncipal Admn and Urban Dev, High Cou^fTof Andhra Pradesh [OUT] 12. Tv\(o CCs to GP for Finance & Planning, High Court of Andhra Prade^ [OUT] 13. Two CD Copies TF HIGH COURT DATED:31/07/2025 ORDER WP NO. 19696 OF 2025 ^ 1 ^ AUG 2025 1 €: Sf»L DISPOSING OF THE W.P., WITHOUT COSTS