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APHC010405982024 •-/ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20761 OF 2024 ^ Between: Golla Eswaraiah, S/o. G Narayana, aged about 56 years, Occ; Contracator, R/o.D.No.1-18-2, Thadakanapalli, Thadakanapall, Kurnool District-518218. ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Municipal Administration Department Velagapudi, Amaravathi, Thullur Mandal, Guntur District
2. State of Andhra Pradesh, Rep. by its Government, Finance Department, Amaravathi, Thullur Mandal, Guntur District
3. The Director, Finance Department, Velagapudi, Amaravathi.
4. The Director of works and Account Officer, Anjaneya Towers, Ibrahimpatnam, Krishna District
5. Collector and District Magistrate, (MA and UD) Kurnool, Kurnool District
6. The Commissioner and Director of Municipal Administration, Sri Krishna Enclave Gorantia, Guntur, Guntur District
7. The Kurnool Municipal Corporation, Rep. by its Commissioner, Kurnool, Kurnool District
8. The Executive Engineer, Kurnool Municipal Corporation, Kurnool District Secretariat, Principal Secretary to Secretariat, Velagapudi,
9. The Deputy Executive Engineer, Drawing Corporation, Kurnool, Kurnool District Branch, Municipal ...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, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing the total due payments of Rs. 36,15,029/- vide 1) Agreement No. 237/2023-24, Dt. 04.12.2023 for Construction of Internal CC Drains from H.No.77/1374-1-A-2-B to H.No.77/1374-1-A-1-2-A in Uma Maheswar Nagar in ward no.35” vide M.Book.No. 407/2023-24 for pass order Rs.5,69,525/-, 2) Agreement No. 314/2023- 24, Dt 13.02.2024, for “Construction of CC Drain and Culverts in Hemalatha Nagar from H.No.74/74-A-2-4-2 to Community Toilet in 86 595/2023-24 for pass
order 3) Agreement No. 236/2023-24, Dt. 04.12.2023 for
“Construction of Internal CC Drain from H.No.77/1374- 1-A-1-11-B to H.No. 77/1374-1-A-1-11-A in Uma Maheswar Nagar in ward no.35 vide M.Book.No. 408/2023-24 for pass order Rs.8,21,945/- and 4) Agreement No. 235/2023- 24, Dt.04.12.2023 and Supply.Agt.No. 06/2024-25, Dt 19.06.2024 for of CC Road and CC Drain from H.No.77/40- Sachivalayam 34 ward” vide M.Book.No. Rs.8,70,749/-, Laying 11-A2 to H.No.77/55-5-2 at Ganigunthalu in ward no.35” vide M.Book.No. 793/2023-24 for pass order Rs. ' 13,52,810/-, above (4) works was sanction under Gadapa Gadapaku Mana Prabhutvam (GGMP) Grant in Kurnool Municipal Corporation, Kurnool District, through the Agreements, as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities release the pending bills total amount of Rs.36,15,029/- with interest at 18% for the pending bills forthwith for the above said to works executed by the petitioner. lA NO: 1 OF 20?d Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fiJed in support of the petition, the High Court may be pleased to direct respondents to consider for pending bills of Rs.36,15,029/- with interest 1) M.Book.No.407/2023-24 2) M. Book. No.408/2023-24 M.Book.No.793/2023-24 executed by the petitioner for the under Gadapa Gadapaku Mana Prabhutvam (GGMP) Grant, in Kurnool Municipal Corporation through the Agreements forthwith the main Writ Petition. @ 18 % for the M.Book.No.595/2023-24 works i.e. 3) & 4) various works pending disposal of Counsel for the Petitioner: SRI ANNAMNEEDI BALAKRISHNA Counsel for the Respondent Nos. 7 to 9: SRI POTHAM VENGALA REDDY (SC FOR M.CORPORATION IN RAYALASEEMA REGION) Counsel for the Respondent Nos. 1, 5 & 6: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos. 2, 3 & 4: GP FOR FINANCE & PLANNING / The Court made the following order:
APHC010405982024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20761/2024 Between;
1.GOLLA ESWARAIAH, S/0. G NARAYANA, AGED ABOUT 56 YEARS, R/O.D.NO.1-18-2, THADAKANAPALLI,’ OCC CONTRACATOR THADAKANAPALL, KURNOOL DISTRICT-518218. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT PRINCIPAL MUNICIPAL ADMINISTRATION SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT 2.STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY TO GOVERNMENT PRINCIPAL FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL GUNTUR DISTRICT 3.THE DIRECTOR, FINANCE DEPARTMENT AMARAVATHI.
4.THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT 5.COLLECTOR AND DISTRICT MAGISTRATE, (MA AND UD) KURNOOL, KURNOOL DISTRICT 6.THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, SRI KRISHNA ENCLAVE GORANTLA GUNTUR GUNTUR DISTRICT 7.THE KURNOOL MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, KURNOOL, KURNOOL DISTRICT VELAGAPUDI,
2 8.THE EXECUTIVE ENGINEER, KURNOOL MUNICIPAL CORPORATION, KURNOOL DISTRICT
9. THE DEPUTY EXECUTIVE ENGINEER, DRAWING BRANCH, MUNICIPAL CORPORATION, KURNOOL, KURNOOL DISTRICT ...RESPONDENT(S): Counsel for the Petitioner:
1.ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1.POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region In 2.GP MUNCIPAL ADMN AND URBAN DEV AP 3.GP FOR FINANCE PLANNING The Court made the following:
ORDER:- Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Finance and the learned Standing Counsel for the respondent-corporation.
2. The learned counsel for the petitioner submits that the petitioner has completed works i.e., vide 1) Agreement No. 237/2023-24, dt. 04.12.2023 for construction of Internal CC Drains from H.No.77/1374-1-A-2-B to H.N0.77/1374-1-A-1-2-A in Uma Maheswar Nagar in ward No.35 vide M.Book.No.407/2023-24 for pass order Rs.5,69,525/-, 2) Agreement No. 314/2023- 24, dt 13.02.2024, for construction of CC Drain and Culverts in Hemalatha Nagar from H.No.74/74-A-2-4-2 to Community Toilet in 86 Sachivalayam 34 ward vide M.Book.No. 595/2023-24 for pass
order Rs.8,70,749/-, 3) Agreement No.236/2023-24, dt. 04.12.2023 for construction of Internal CC Drain from H.No.77/1374- 1-A-1-11-B to H.No. 77/1374-1-A-1- 11-A in Uma Maheswar Nagar in ward No.35 vide M.Book.No. 408/2023-24 for pass
order Rs.8,21,945/- and 4) Agreement No. 235/2023-24, dt.04.12.2023 and Supply.Agt.No. 06/2024-25, dt 19.06.2024 for laying of CC Road and CC Drain from H.No.77/40-11-A2 to H.No.77/55-5-2 at Ganigunthalu in ward No.35 vide M.Book.No.793/2023-24 for pass
order Rs. 13,52,810/-, above (4) works was sanction under Gadapa Gadapaku Mana Prabhutvam (GGMP) Grant in Kurnool Municipal Corporation, Kurnool District, entrusted by the respondent-Corporation and submitted the final bills.
4 It is submitted that a total amount of Rs.36,15,029/- is due and payable by the respondent-corporation to the petitioner on account of the completion of the aforesaid works. However, the said amount has not been paid.
3.
4. Considering the
submissions, there shall be a direction to the respondents to verify and release the payments as expeditiously as possible preferably within a period of six (06) weeks from the date of receipt of a copy of this order. Accordingly, this Writ Petition is disposed off. There shall be no order
5. as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
Sd/- K.J.RAJA BABU/ ASSISTANT REGI^AR //TRUE COPY// SECTION OFFICER To. 1- The Principal Secretary to Government Department Secretariat, Velagapudi, Amaravathi, ThuHur Mandal Guntur District
2. The Principal Secretary to Government, Secretariat, Velagapudi, Amaravathi, Thullur Mandal
3. The Director, Finance Department, Velagapudi, Amaravathi.
4. The Director of works and Account Ibrahimpatnam, Krishna District
5. The Collector and District Magistrate, (MA and UD) Kurnool, Kurnool District
6. The Commissioner and Director of Municipal Administration, Sri Krishna Enclave Gorantia, Guntur, Guntur District Municipal Administration Finance Department, Guntur District Officer, Anjaneya Towers,
7. The Commissioner, Kurnool Municipal Corporation, Kurnool District
8. The Executive Engineer, Kurnool Municipal Corporation, Kurnool District
9. The Deputy Executive Engineer, Drawing Branch, Municipal Corporation, Kurnool, Kurnool District
10. One CC to Sri Annamneedi Balakrishna Advocate [OPUC]
11. One CC to Sri Potham Vengala Reddy (SC For M.Corporation in ^ Rayalaseema region) Advocate [OPUC]
12. Two CCs to GP for Muncipal Admn and Urban Dev, High Court of Andhra Pradesh [OUT]
13. Two CCs to GP for Finance & Planning High Court of Andhra Pradesh [OUT]
14. Two CD Copies TF
HIGH COURT DATED:21/07/2025
ORDER WP NO. 20761 OF 2024 X 0 2 AUG 2025 m o ^ . Current Section M»°esPATC«^-^ DISPOSING OF THE W.P., WITHOUT COSTS