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2025 DAILYLAW 27304 (AP)

BEJJIPURAPU SANGANNAIDU v. THE STATE OF ANDHRA PRADESH

WP/19826/2025 · 2025-07-31

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 i- i ■ APHC010385892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19826 OF 2025 Between: Bejjipurapu Sangannaidu, S/o. Asiri Naidu Contractor, Visakhapatnam District. Aged about 46 years, Occ Visakhapatnam, R/o. 34-11-51, Holly Cross, Gnanapuram ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Special Chief Secretary^ 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 Velagapudi, Amaravathi, Guntur' District. 3. The Director of Municipal Administration, Gorantia District. Department of Municipal Administration Secretariat Buildings Guntur, Guntur 4. The District Collector, Visakhapatnam, Visakhapatnam District. 5. The Greater Visakhapatnam Municipal Corporation, Commissioner, Visakhapatnam, Visakhapatnam District. Rep. by its 6. The Superintending Engineer, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 7. The Executive Engineer-V, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 8. The Chief Executive Officer, APCFSS, 3rcl Floor, Nidhi Bhavan . APIIC Building. Mangalagiri, Guntur District, Pincode 522503. , Behind f ; ...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 Rs. 19,51,315/- vide M Book No. 306/22-33, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Laying of internal CC roads, CC drains and CC steps at Indra Nagar Area in ward no.48. (G.G.M.P), vide Agreement No. 260/22-23/EE-VA/GVMC questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs. 19,51,315/- vide M Book No. 306/22-33 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 2Ci7R amount of dated 21.11.2022 is Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court please to direct the respondents to pay for payment of Rs. 19,51,315/- vide M Book No. 306/22- may be pleased amount of 33 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Laying of internal CC roads, CC drains and CC steps at Indra Nagar Area in ward no.48. (G.G.M.P), vide Agreement No. 260/22-23/ EE- VA/GVMC, dated 21.11.2022, forthwith, pending disposal of the Writ petition. Counsel for the Petitioner: SMT. MODAPOTHULA SUMALATHA Counsel for the Respondent Nos.1,3 & 4: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 8:GP FOR FINANCE & PLANNING Counsel for the Respondent Nos.5, 6 & 7: SRI A.S.C.BOSE, SC FOR MUNICIPAL CORPORATIONS r The Court made the following order: f APHC010385892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19826/2025 Between: 1.BEJJIPURAPU SANGANNAIDU, , S/0. ASIRI NAIDU AGED ABOUT 46 YEARS, OCC CONTRACTOR, R/0. 34-11-51, HOLLY CROSS, GNANAPURAM, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...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, REP. BY ITS COMMISSIONER, VISAKHAPATNAM DISTRICT. 6.THE SUPERINTENDING ENGINEER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. VISAKHAPATNAM, 7.THE EXECUTIVE ENGINEERV, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 8.THE CHIEF EXECUTIVE OFFICER, APCFSS, 3RD FLOOR, NIDHI MANGALAGIRI, GUNTUR BHAVAN, BEHIND APIIC BUILDING 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 topleased 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.19,51,315/- vide M Book No. 306/22-33, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Laying of internal CC 2 m roads, CC drains and CC steps at Indra Nagar Area in ward no.48. (G.G.M P) vide Agreement No. 260/22-23/EE-VA/GVMC, questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs. 19,51,315/- vide M Book No. 306/22-33 with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith lA NO: 1 OF 2025 dated 21.11.2022 is 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 please to direct the respondents to pay for payment of amount of Rs. 19,51,315/- vide M Book No. 306/22- 33 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Laying of internal CC roads, CC drains and CC steps at Indra Nagar Area in ward no.48. (G.G.M.P), vide Agreement No. 260/22-23/ EE- VA/GVMC, dated 21.11.2022, forthwith, pending disposal of the Writ petition and pass Counsel for the Petitioner: 1. MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEVAP 2.GP FOR FINANCE PLANNING 3 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner has executed works as entrusted by the 5^^ respondent-corporation vide r Agreement No.260/2022-23/EE-VA/GVMC. dated 21.11.2022 and submitted final bills. 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. 19,51,315/- 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 respondents 1, 3 and 4; the learned Assistant Government Pleader for Finance and Planning, for the respondents 2 and 8 as well as the learned Standing Counsel for the respondents 5 to 7. 3. Considering the submissions, the respondents 2 and 5 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 stajid closed. Sd/-SHAIK WiOHD. RAFi assistant registrar //TRUE COPY// ^ OFFICER SEC To, 1. The Special Chief Secretary, Department of Municipal Administration and Urban Development, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Guntur District. 3. The Director of Municipal Administration, Gorantia, District. Amaravathi Guntur, Guntur 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-V, 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 - ■ HIGH COURT DATED:01/08/2025 ORDER WP No.19826 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS