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2025 DAILYLAW 27907 (AP)

A SATYANARAYANA v. THE STATE OF ANDHRA PRADESH

WP/20340/2025 · 2025-08-04

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

n '/ "Vi APHC010396452025 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: 20340 OF 2Q2fi Between; A. Satyanarayana, S/o.Veerabhadra rao.A, Age; 50 years. 1-5-39, Thummalapalli vari street, kondayapalem, Kakinada, East Godavari District. ...PETITIONER- AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary Administration and Building, Velagapudi, Amaravathi, Guntur. 2. Municipal Corporation Kakinada, rep. by its Commissioner, Kakinada Kakinada District. 3. The Managing Director. AP State Housing Corporation 4. The Head of the Housing Department, Project Kakinada District. 5. The State of Andhra Pradesh Department of Finance Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. Municipal Urban Development Department, Secretariat Vijayawada. Director, Kakinada Rep. by its Principal Secretary ...RESPONDENTS - India praying that in the the High Court may be or direction more particularly one ^ Petition under Article 226 of the Constitution of circumstances stated in the affidavit filed therewith pleased to issue an appropriate Writ Order w_ i in the nature of Writ of Mandamus declaring the action of the Respondents withholding the payments of pending amounts of For the the acc. Rs. 11,03,160/- (Eleven Lakhs, Three Thousand, One Hundred Sixty Rupees only) even after finalizing the bills payable to the petitioner i relation to the works i.e “I. Providing approach gravel road from Road to Komaragiri layout. Work Order ,Dated22.3.2022, f in reasons stated in and in nemam BT For the year 2023 as bad ,illegal, arbitrary, improper, unjust and against the Article 21 of constitution of India and consequently direct the respondents to pay the amounts of Rs, 11,03,160/- (Eleven Lakhs, Three Thousand and Sixty Rupees only) with interest @ 24% per annum for the delayed amount till date of realization for the works executed by the petitioner.-- One Hundred lA NO: 1 OF 2n?f; - 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 releasing the amounts Rs. 11,03,160/- (Eleven Lakhs, Three Thousand, One Hundred and Sixty Rupees only) payable him, pending disposal of the write petition. to Counsel for the Petitioner: SRI DEVASRI ROSHAN KANCHARLA Counsel for the Respondent No.1: GP MUNICIPAL ADMINISTRATION^ AND URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI M. KRISHNA RAO, SC FOR KMC Counsel for the Respondent No.3:SRI R. KALYAN CHANKRAVARTHY,^ SC FOR APSHC Counsel for the Respondent No.4:GP FOR HOUSING ^ Counsel for the Respondent No.S.GP FOR FINANCE AND The Court made the following order: PLANNING < APHC010396452025 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: 20340/2025 Between: 1.A SATYANARAYANA, S/O.VEERABHADRA RAO.A, AQE 50 YEARS ,1-5-39,THUMI\/lALAPALLI VARI STREET, KAKINADA, EAST GODAVARI DISTRICT. KON^AYAPALEM, PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS MUNICIPAL ADMINISTRATION AND SECRETARIAT PRINCIPAL URBAN BUILDING, SECRETARY, DEVELOPMENT DEPARTMENT VELAGAPUDI, AMARAVATHI, GUNTUR. 2.MUNICIPAL CORPORATION KAKINADA, REP.BY ITS COMMISSIONER, KAKINADA KAKINADA DISTRICT. 3.THE MANAGING DIRECTOR, AP STATE HOUSING COF?PORATION VIJAYAWADA. 4.THE HEAD OF THE HOUSING DEPARTMENTPROJECT KAKINADA, KAKINADA DISTRICT. DIRECTOR, 5.THE STATE OF ANDHRA PRADESH, REP. BY ITS DEPARTMENT OF FINANCE PRINCIPAL PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATFII GUNTUR DISTRICT. SECRETARY ...RESPCNDENT{S): 2 f 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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of For the reasons stated in the acc Rs. 11,03,160/- (Eleven Lakhs, Three Thousand, One Hundred and Sixty Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e I. Providing approach gravei road from nemam BT Road to Komaragiri layout. Work Order ,Dated22.3.2022, For the year 2023 as bad ,illegal, arbitrary, improper, unjust and against the Article 21 of constitution of india and consequently direct the respondents to pay the amounts of Rs. 11,03,160/- (Eleven Lakhs, Three Thousand, One Hundred and Sixty Rupees only) with interest @ 24PERCENT per annum for the delayed amount till date of realization for the works executed by the petitioner 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 Pleased to direct the respondents to releasing the amounts Rs. 11,03,160/- (Eleven Lakhs Three Thousand, One Hundred and Sixty Rupees only) payable to him, pending disposal of the write petition and pass Counsel for the Petitioner: 1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING The Court made the following: 3 Order: - Learned counsel for the petitioner submits that the petitioner has executed . work i.e., Providing approach gravel road from nemam BT Road to Komaragiri Layout, Work Order dated 22.03.2022 ( as entrusted by the respondents 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. 11,03,160/- 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 respondent-corporation. 3. 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. Accordingly, the Writ Petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall stand closed. 2. 4. 5. Sd/- M.RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration And Development Department Urban State of Andhra Pradesh, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Commissioner, Municipal Corporation Kakinada, Kakinada Kakinada District. 3. The Managing Director, AP State Housing Corporation, Vijayawada. 4. The Head of the Housing Department, Project Director, Kakinada, Kakinada District. 5. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 6. One CC to Sri Devasri Roshan Kancharla, Advocate [OPUC] 7. One CC to Sri M. Krishna Rao, SC for KMC[OPUC] 8. One CC to Sri R. Kalyan Chakravarthy, SC for APSHC[OPUC] 9. Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh. [OUT] 10. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 11. Two CCs to GP for Housing, High Court of Andhra Pradesh [OUT] 12. Two CD Copies. Amaravathi, ssb ■ HIGH COURT DATED;05/08/2025 ORDER WP No. 20340 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS