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2025 DAILYLAW 27783 (AP)

Peddireddy Ramireddy, v. The State of Andhra Pradesh,

WP/20284/2025 · 2025-08-03

Harinath N

body2025

Judgment text

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APHC010394192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY.THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20284 OF 2025 Between: Peddireddy Ramireddy, S/o.P Kasireddy, Aged about 60 years, Occ- Contractor, R/o.Main Bazar, D.No. 1/49, Vittamrajupalli, Vinukonda, Palnadu District, Pincode- 522647. ...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, Public Health and Municipal Engineering Department, Tadepalli, Guntur District. 5. The Vinukonda Municipality, Rep. by its Commissioner, Vinukonda, Palnadu District. 6. The Deputy Executive Engineer, Vinukonda Municipality, Vinukonda, PaJnadu District. Secretariat Buildings, r 7. The Junior Accounts Officer, Vinukonda Municipality, Palnadu District. •8. The Chief Executive Officer, APCFSS, 3'^^ Floor, Nidhi Bhavan, Behind APIIC Building, Mangalagiri, Guntur District, Pincode 522503. Vinukonda,’ ...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 amount of Rs.3,19,774/- vide M Book No. 96A/2022-23, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Formation of Metal Road at Backside of Degree College and Enugupalem Mirchi Yard backside with wet mix in Vinukonda Municipality, vide Agreement No. 96A/2023-24, dated 16.08.2022 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs.3,19,774/- vide M Book No. 96A/2022-23 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.3,19,774/- vide M Book No. 96A/2022-23 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Formation of Metal Road at Backside of Degree College and Enugupalem Mirchi Yard backside with wet mix in Vinukonda Municipality, vide Agreement No. 96A/2023-24, dated 16.08.2022, forthwith. Petition. pending disposal of the Writ Counsel for the Petitioner: SMT. Counsel for the Respondent Nos. MODAPOTHULA SUMALATHA 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: Pi #• APHC010394192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20284/2025 Between: 1.PEDDIREDDY RAMIREDDY,, S/O.P KASIREDDY, AGED ABOUT 60 R/O.MAIN BAZAR, D.NO.1/49, PALNADU YEARS, OCC- CONTRACTOR, VITTAMRAJUPALLI, PINCODE- 522647. DIVSTRICT, VINUKONDA, ...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, VADDESWARAM, MANGALAGIRI, GUNTUR, GUNTUR DISTRICT. 4.THE ENGINEERINCHIEF, PUBLIC HEALTH AND MUNICIPAL ENGINEERING 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. EXECUTIVE OFFICER APCF^q bhavan, behind APIIC BUILDINP district. PINCODE 522503 floor, nidhi MANGALAGIRI. GUNTUR -RESPONDENT(S): praying that in the the High Court may be or any other appropriate writ - not releasing the amount Petition under Article 226 circumstances stated i pleased topleased to i __ or direction declaring the'action v of Rs.3,19,774/- vide M Book No. in th« of India in the affidavit filed therewith, issue a writ of mandamus of the Respondents , viue ivi book No QfiA/9noo oq 'V me dirioun ^yable to the petitioner in relation to the works f ® at Backside of Degree College ' e- Formation „ wer^;;;inV;uro“nrMrcfpalirvlde"A®^^^'^"'“^ 16.08.2022 is questionrd as thn ; No. 96A/2023-24, c direct the respondents to pay for payment of^am consequently Book No. 96A/2022-23 wUh ^nteres^l'oi”! R=-3,19,774/- vide M with h interest @24percent , in respect of execution of above-m^ntaed wo™ per annum for the delayed amount to the petitioner forthwith and pass jA NO: 1 OF 9()9R please to direct the respond^te T lav ?oi Rs.3,19,774/- vide M Book No. 96/\/2022f2? , th .Pf'''i'®nt of amount for the delayed amount to the petitioner in rp<^n @24% per annum Formation of Metal Road at Backside" execution of works i.e. Mirchi Yard backside with wet mix in Vinuknnd^T/f *3°llege and Enugupalem No. 96A/2023-24, dated 16.08 2022 forthwith ''iP® Agreement Petition and pass ’ Pending disposal of the Writ of Counsel for the Petitioner: 1.MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN 2.GP FOR FINANCE PLANNING DEVAP 3 0^. The Court made the following Order: Learned counsel for the petitioner submits that the petitioner has executed works as entrusted by the 5*'" respondent vide Agreement NO.96A/2023-24, dated 16.08.2022 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.3,19,774/- 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 r comtng. 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. 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. Accordingly, the Writ Petition is disposed of. No costs. 2. 3. 4. Pending miscellaneous petitions, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR 5. //TRUE COPY// SECTTON 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, Guntur District. 3. The Director of Municipal Administration, Vaddeswaram, Mangalagiri, Guntur, Guntur District. 4. The Engineer-in-Chief, Public Health and Municipal Engineering Department, Tadepalli, Guntur District. 5. The Commissioner, Vinukonda Municipality, Vinukonda, Palnadu District. 6. The Deputy Executive Engineer, Vinukonda Municipaiity, Vinukonda, Palnadu District. 7. The Junior Accounts Officer, Vinukonda Municipality, Vinukonda, Palnadu District. 8. The Chief Executive Officer, APCFSS, 3^^ Floor, Nidhi Bhavan, Behind APHC Building, Mangalagiri, Guntur District, Pincode 522503. 9. One CC to Smt. Modapothula Sumalatha, Advocate [OPUC] One CC 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. Secretariat Buildings, Velagapudi, Amaravathi, 10. ssb HIGH COURT DATED:04/08/2025 AMDIy^ ^ IS AUG 2025 . Cuirent Secuon ORDER WP No.20284 OF 2025 8=> X DISPOSING OF THE W.P. WITHOUT COSTS