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High Court of Andhra Pradesh · body

2025 DAILYLAW 27573 (AP)

GUNJA SRIRAMULU v. THE STATE OF ANDHRA PRADESH

WP/20274/2025 · 2025-08-04

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010391002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE . PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20274 OF 2025 Between: Gunja Sriramulu, S/o. Guravaiah, Aged 49 years, Occ: Contractor, R/o D.No.43-94-21, Opp BSNL Tower, Ajith Singh Nagar, Vijayawada, NTR District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration Department AP Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner and Director of Municipal Administration, Prime Hill Crest, 4th Floor, Near DGP Office, Vaddeswaram Village, Mangalagiri, Guntur District. 3. The Vijayawada Municipal Corporation, Rep. by its Commissioner, Vijayawada, NTR District. ^ 4. The Superintendent Engineer, Vijayawada, Vijayawada Municipal Corporation. 5. The Executive Engineer, Municipal Corporation Vijayawada. 6. The Deputy Executive Engineer, Municipal Corporation Vijayawada. 7. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, AP Secretariat, Velagapudi, Amaravati, Guntur District. ' ...Respondents Petition under Article 2'26 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 of mandamus or any other appropriate writ or direction 1 declaring the action of the Respondents in withholding the payment of an after finalizing the bills, payable to the petitioner work Providing Mark-11 Hand Bore at Poorna general Stores , 3rdi0ross road in 21073^^4 Sachivalayam area 56th Division in Vijayawada Municipal Corporation is questioned, as the same is illegal, arbitra^and the amount Rs.2,01,271/-with NX amounts Rs.2,01,271/- even in relatipn to the ii 1. consequently direct the respondents to pay interest @12percent per annum respect of execution of above-mentioned work. for the delayed amount to the petitioner in X" lA NO: 1 OF 2025 Petition under Section 15^CPC praying that in the circumstances stated support of the petition, the High Court may be pleased to the amounts Rs.2,01,271/- even after finalizing relation to the work Providing Mark-ll road in 21073224 in the affidavit filed in direct the respondents to pay the bills, payable to the petitioner in Hand Bore at Poorna general Stores 3rd cross Sachivalayam area 56th Division in Vijayawada Municipal Corporation forthwith, pending disposal of the Writ Petition Counsel for the Petitioner: SRI PRATHIWADA VARUN KUMAR Counsel for the Respondent Nos. 1,4 and 5: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No. 3: SRI S.V.S.S.SIVARAM SC For VMC Counsel for the Respondent No. 7; GP FOR FINANCE PLANNING The Court made the following order; I--"" APHC010391002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 2027412025 [3457] 0*0 0 Between: 1.GUNJA SRIRAMULU CONTRACTOR, SINGH NAGAR,VIJAYAWADA, N T R DISTRICT. S/0 GURAVAIAH, AGED 49 YEARS, OCC r'/0.D.N0.43-94-21,0PP BSNL TOWER, AJITH ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT AP SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, PRIME HILL CREST, 4TH VILLAGE, MANGALAGIRI, GUNTUR OFFICE, VADDESWARAM DISTRICT. MUNICIPAL CORPORATION, REP. BY ITS 3.THE VIJAYAWADA COMMISSIONER, VIJAYAWADA, N T R DISTRICT. 4.THE SUPERINTENDENT ENGINEER, VIJAYAWADA, VIJAYAWADA MUNICIPAL CORPORATION. 5.THE EXECUTIVE VIJAYAWADA. 6.THE DEPUTY VIJAYAWADA. 7.THE STATE OF ANDHRA PRADESH MUNICIPAL CORPORATION ENGINEER, EXECUTIVE ENGINEER, MUNICIPAL CORPORATION REP. BY ITS PRINCIPAL J 2 SECRETARY, FINANCE DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR 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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of an amounts Rs.2,01,271/- even after finalizing the bills, payable to the petitioner in relation to the work Providing Mark-11 Hand Bore at Poorna general Stores 3rd cross road in 21073224 Sachivalayam area 56th Division in Vijayawada Municipal Corporation is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay the amount Rs.2,01,271/-with interest @12percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass 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 please to direct the respondents to pay the amounts Rs.2,01,271/- even after finalizing the bills, payable to the petitioner in relation to the work Providing Mark-ll Hand Bore at Poorna general Stores 3rd cross road in 21073224 Sachivalayam area 56th'' Division in Vijayawada Municipal Corporation forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1.PRATHIWADA VARUN KUMAR Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEVAP 2.GP FOR FINANCE PLANNING 3.S.V.S.S.SIVARAM SC For VMC The Court made the following: Order:- Learned counsel for the petitioner submits that the petitioner has executed work i.e., Providing Mark-ll Hand Bore at Poorna General Stores 3^^ Cross Road in 21073224 Sachivalyam area 56*^ division in Vijayawada Municipal Corporation, as entrusted by the respondent-corporation, 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.2,01,271/- 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; the learned Assistant Government Pleader for Finance & Planning, and the learned Standing Counsel for the respondent-corporation. Considering the submissions, the respondent Nos.3 to 7 are hereby directed to verify and release the payments due payable to the petitioner expeditiously as possible preferably within a period of four (04) weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs. 3. as 4. 5. Pending miscellaneous petitions, if any, shall stand closed. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR ' //TRUE COPY// 'SECTION OFFICER To, 1. The Principal Secretary, Municipal Adfninistration Department State of Andhra Pradesh, AP Secretariat, Velagapudi, District. 2. The Commissioner and Director of Municipal Administration, Prime Hill Crest, 4th Floor, Near DGP Office, Vaddeswaram Village, Mangalagiri, Guntur District. Amaravati, Guntur 3. The Commissioner, Vijayawada Municipal Corporation, Vijayawada, N T R District. 4. The Superintendent Engineer, Vijayawada, Vijayawada Municipal Corporation. 5. The Executive Engineer, Municipal Corporation Vijayawada. 6. The Deputy Executive Engineer, Municipal Corporation Vijayawada. 7. The Principal Secretary, Finance Department, State of Andhra Pradesh, AP Secretariat, Velagapudi, Amaravati, Guntur District. 8. One CC to Sri. Prathiwada Varun Kumar Advocate [OPUCf 9. One CC to Sri. S.V.S.S. Sivar^ SC For VMC [OPUC] Two CCs to GP For fiance 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. GSC HIGH COURT DATED:05/08/2025 ORDER WP NO. 20274 OF 2025 f 2 8 AUG 2025 Current Section DISPOSING THE WP WITHOUT COSTS