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2025 DAILYLAW 27752 (AP)

GANDHAM SUBBA RAO v. THE STATE OF ANDHRA PRADESH

WP/20299/2025 · 2025-08-04

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

C-' APHC010394232025 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: 20299 OF 2025 Between: Gandham Subba Rao, S/o. G Chennakesava Rao, Aged about 49 years, Occ Contractor, R/o. 29-2370/14, Ward No.l, Beside Krishnaveni Hostel Siddardhanagar, Vinukonda, Palnadu 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 Velagapudi, Amaravathi, Guntur District. 3. The Director of Municipal Administration, Vaddeswaram, Mangalagiri, Guntur, Guntur District. 4. The Engineer-in-Chief, Department, Tadepalli, Guntur District. 5. The Vinukonda Municipality, Rep. by its Commissioner, Vinukonda, Palnadu District. 6. The Deputy Executive Engineer, Vinukonda Municipality, Vinukonda, Palnadu District. Secretariat Buildings Public Health & Municipal Engineering 7. The Junior Accounts Officer, Vinukonda Municipality, Vinukonda, Palnadu District. 8. The Chief Executive Officer, APCFSS, 3'"' 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 High 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.7,86,771/- vide M Book No. 111/2024-25, even after finalizing the bills, payable to the petitioner in relation to the works i.e., Vinukonda Municipality- General Fund - Providing of HDPE Distribution Water Supply Pipeline D.No.29-641 in Ramalayam Bazar in ward no 8 to Ele.Pole No.SS/154/1 i;: Vidya Nagar 6*'" line in ward no.5, vide Agreement No. 11/2025-26, dated 16.04.2025 is questioned. amount of from in as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs.7,86.771/- vide M Book No.111/2024-25 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 2Q2fi 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 Rs.7,86,771/- vide M Book No. 111/2024-25 with interest for the delayed amount to the petitioner in respect of execution of works i.e. Vinukonda Municipality General Fund - Providing of HOPE Distribution Water Supply Pipeline from D.No.29-641 in Ramalayam Bazar in ward no 8 to Ele.Pole No.SS/154/1 in Vidya Nagar 6'" line in ward no.5, vide Agreement No. 11/2025-26, dated 16.04.2025, forthwith. Petition. pay for payment of amount of @24% per annum pending disposal of the Writ / 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 to 7: M/s. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES The Court made the following order: / APHC010394232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMB [3457] TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20299/2025 Between: 1.GANDHAM SUBBA RAO, S/O. G CHENNAKESAVA RAO, AGED ABOUT 49 YEARS, OCC CONTRACTOR, R/O. 29-2370/14, WARD NO.L, BESIDE KRISHNAVENI HOSTEL VINUKONDA, PALNADU DISTRICT. SIDDARDHANAGAR, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF DEPARTMENT OF MUNICIPAL ADMINISTRATION SECRETARIAT BUILDINGS, SECRETAIY, AND URBAN DEVELOPMENT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT OF FINANCE AND PLANNING, SECRETAIY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3.THE DIRECTOR OF MUNICIPAL ADMINISTRATION VADDESWARAM, MANGALAGIRI, GUNTUR, GUNTUR DISTRICT. 4.THE ENGINEERINCHIEF, PUBLIC HEALTH ENGINEERING DEPARTMENT, TADEPALLI, GUNTUR DISTRICT. 5.THE VINUKONDA MUNICIPALITY, REP. BY ITS COMMISSIONER, VINUKONDA, PALNADU DISTRICT. 6.THE DEPUTY EXECUTIVE ENGINEER, VINUKONDA MUNICIPALITY, MUNICIPAL 2 VINUKONDA, PALNADU DISTRICT 7.THE JUNIOR ACCOUNTS OFFICER, VINUKONDA, PALNADU DISTRICT. 8.THE CHIEF EXECUTIVE OFFICER, BHAVAN, BEHIND APIIC BUILDING DISTRICT, PINCODE522503. VINUKONDA MUNICIPALITY, APCFSS, 3RD FLOOR, NIDHI MANGALAGIRI, GUNTUR ...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 toPlease to direct the respondents to pay for payment of amount of Rs.7,86,771/- vide M Book No. 111/2024-25 with interest @24Prcent per annum for the delayed amount to the petitioner in respect of execution of works i.e. Vinukonda Municipality General Fund - Providing of HOPE Distribution Water Supply Pipeline from D.No.29-641 in Ramalayam Bazar in ward no 8 to Ele.Pole No.SS/154/1 in Vidya Nagar 6th line in ward no 5 vide Agreement No. 11/2025-26, dated 16.04.2025, forthwith the Writ Petition and pass pending disposal of 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 for payment of amount Rs.7,86,771/- vide M Book No. 111/2024-25 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Vinukonda Municipality General Fund - Providing of HOPE Distribution Water Supply Pipeline from D.No.29-641 in Ramalayam Bazar in ward no 8 to Ele.Pole No.SS/154/1 in Vidya Nagar 6th line in ward no.5, vide Agreement No. 11/2025-26, dated 16.04.2025, 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 DEV AP 2.GP FOR FINANCE PLANNING of 3 A The Court made the following: Order:- Learned counsel for the petitioner submits that the petitioner has executed work, as entrusted by the respondents vide Agreement No.11/2025-26, dated 16.04.2025, 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.7,86,771/- 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. 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 Municipality. Considering the submissions, the respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of six (06) weeks from the date of receipt of a copy of this order. 2. 3. 4. Accordingly, the Writ Petition is disposed of. No costs. 5. Pending miscellaneous petitions, if any, shall stand closed. Sd/- B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// CA- SECTION Officer 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, Vaddeswaram, Mangalagiri, Guntur, Guntur District. 4. The Engineer-in-Chief, Department, Tadepalli, Guntur District. 5. The Vinukonda Municipality, Rep. by its Commissioner, Vinukonda, Palnadu District. 6. The Deputy Executive Engineer, Vinukonda Municipality, Vinukonda, Palnadu District. 7. The Junior Accounts Officer, Vinukonda Municipality, Vinukonda, Palnadu District. 8. The Chief Executive Officer, APCFSS, Floor, Nidhi Bhavan APIIC Building, Mangalagiri, Guntur District, Pincode 522503. 9. One CC to Smt. Modapothula Sumalatha, Advocate [OPUC] 10. One be to M/s. Sireesha Rani Vallabhaneni, SC for Municipalities [OPUC] 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. Amaravathi, Public Health & Municipal Engineering Behind ssb ■ s. HIGH COURT ■m DATED:05/08/2025 ORDER WP No. 20299 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS