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2025 DAILYLAW 27821 (AP)

GANDHAM SUBBA RAO v. THE STATE OF ANDHRA PRADESH

WP/20290/2025 · 2025-08-04

Harinath N

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

I APHC010394262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) | TUESDAY,THE FIFTH DAY OF AUGUST ^ TWO THOUSAND AND TWENTY FIVE ^ PRESENT HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20290 OF 2025 Between: Gandham Subba Rao, S/o. G. Chennakesava Rao, Aged about 49 years, R/o. 29-2370/14, Ward No.I, Beside Krishnaveni Hostel, Siddardhanagar, Vinukonda, Palnadu District. Occ. Contractor, ...PETITIONER AND State of Andhra Pradesh, Rep. by its Special Chief Secretary, And Urban Development, 1. The Department of Municipal Administration Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. of Andhra Pradesh, Rep. by its Principal Secretary, Secretariat Buildings, 2. The State 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 ajid 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. " H, 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 amount of Rs.8,79,728/- vide M Book No. 55/2024-25, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Repairs and Restoration to Anna Canteen at Near RTC Bus Stand Opp Thallipillala Hospital in Vinukonda Municipality, vide Agreement No. 89/2024-25, dated 18.07.2024 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs.8,79,728/- vide M Book No. 55/2024-25 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 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.8,79,728/- vide M Book No. 55/2024-25 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Repairs & Restorationto Canteen at ^Near RTC Bus Stand Opp Thallipillala Hospital in Vinukonda Municipr^ty, vide Agreement No. 89/2024-25, dated 18.07.2024, forthwith, pending disposal of the Writ Petition. Anna Counsel for the Petitioner: SMT. MODAPOTHULA SUMALATHA Counsel for the Respondent Nos.1,3 & 4: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT r 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: / APHC010394262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20290/2025 Between: AGED 1.GANDHAM SUBBA RAO, S/0. G CHENNAKESAVA RAO ABOUT 49 YEARS, OCC. CONTRACTOR, R/0. 29-2370/14, WARD SIDDARDHANAGAR, NO.L, BESIDE KRISHNAVENI HOSTEL, VINUKONDA, PALNADU DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF DEPARTMENT OF MUNICIPAL ADMINISTRATION SECRETARIAT BUILDINGS, SECRETARY, AND URBAN DEVELOPMENT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DEPARTMENT OF FINANCE AND PLANNING ADMINISTRATION, MUNICIPAL VADDESWARAM, MANGALAGIRI, GUNTUR, GUNTUR DISTRICT. 3.THE DIRECTOR OF 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, 2 VINUKONDA, PALNADU DISTRICT. ACCOUNTS OFFICER, VINUKONDA MUNICIPALITY, VINUKONDA, PALNADU DISTRICT. ■r 7.THE JUNIOR 8 THE CHIEF EXECUTIVE OFFICER, APCFSS, 3RD FLOOR, NIDHI MANGALAGIRI, GUNTUR BHAVAN, BEHIND APIIC BUILDING DISTRICT, PINCODE.522503. ...RESPONDENT(S); Article 226 of the Constitution of India praying that in the Petition under 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 declaring the action of the Respondents not releasing the amount vide M Book No. 55/2024-25, even after finalizing the bills. or direction of Rs.8,79,728/- payable to the petitioner in relation to the works i.e.. Repairs and Restoration to Anna Canteen at Near RTC Bus Stand Opp Thallipillala Hospital in Vinukonda Municipality, vide Agreement No. 89/2024-25, dated 18.07.2024 is is illegal, arbitrary and consequently direct the questioned, as the same respondents to pay for payment of amount of Rs.8,79,728/- vide M Book No. 55/2024-25 with interest @24percent 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 under Section 151 CPC praying that in the circumstances stated Petition in the affidavit filed in support of the petition, the High Court may be pleased direct the respondents to pay for payment of amount . vide M Book No. 55/2024-25 with interest @24% per annum for of Please to Rs.8,79,728/- the delayed amount to the petitioner in respect of execution of works i.e. Repairs & Restoration to Anna Canteen at Near RTC Bus Stand Opp Thallipillala Hospital in Vinukonda Municipality, vide Agreement No. 89/2024- dated 18.07.2024, forthwith, pending disposal of the Writ Petition and 25, pass Counsel for the Petitioner: 1. MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEV AP V 3 / ff 2.GP FOR FINANCE PLANNING The Court made the following: r' 4 Order:- Learned counsel for the petitioner submits that the petitioner has executed work, as entrusted by the respondents vide Agreement No.89/2024-25, dated 18.07.2024, 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.8,79,728/- 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 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. 3. 4. Accordingly, the Writ Petition is disposed of. No costs. 5. Pending miscellaneous petitions, if any, shall stand closed. Sd/- K.KASI RAO ACHAR! ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFJCER 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, Public Health & 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. 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 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, ssb high court •> DATED:05/08/2025 ORDER WP No. 20290 OF 2025 m ”' sfp m 1 DISPOSING OF THE W.P. WITHOUT COSTS