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2025 DAILYLAW 28625 (AP)

M/S K VENKATESWARA REDDY v. THE STATE OF ANDHRA PRADESH

WP/20877/2025 · 2025-08-06

Harinath N

body2025

Judgment text

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APHC010408122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20877 OF 2025 Between: M/s K Venkateswara Reddy, Rep. by its Managing Partner K Venkateswara Reddy, S/o. K Venkata Reddy, Aged about 52 years, Occ; Contractor, R/o. House No. 16-3/A, Colony Road, Rukmini Nilayam, Piduguralla Post and Mandal, Guntur 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, Secretariat Buildings, Department of Finance and Planning, Velagapudi, Amaravathi, Guntur District. 3. The Director of Municipal Administration, Vaddeswaram, Mangaiagiri, Guntur, Guntur District. 4. The Engineer-in-Chief, Public Health and Municipal Engineering Department, Tadepalli, Guntur District. 5. The Piduguralla Municipality, Rep. by its Commissioner, Piduguralla, Palnadu District. 6. The Executive Engineer, Public Health Special Division, Narasaraopet, Palnadu District. 7. The Deputy Executive Engineer, Piduguralla Municipality, Piduguralla, Palnadu District. 8. The Chief Executive Officer, APCFSS, 3rd 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 Fligh 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. 10,72,770/- vide CFMS No.2024-2200958, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Improvement CC road at Kummaripalem From FI.No. 16-95 Koppuravuri Sambasivarao house (Subbarao Kottu) to FI.No. 16-147 Shaik Subhani house in 16th ward in Piduguralla Municipality, vide Agreement No. 109/2022-23, dated 27.12.2022 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs. 10,72,770/- vide CFMS No.2024-2200958 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 Fligh Court may be pleased to direct the respondents to pay for payment of amount of Rs. 10,72,770/- vide CFMS No.2024-2200958 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. ImprovementCC road at Kummaripalem From FI.No. 16-95 Koppuravuri Sambasivarao house (Subbarao Kottu) to FI.No.16-147 Shaik Subhani house Piduguralla Municipality, vide Agreement No. 109/2022-23, dated 27.12.2022, forthwith, pending disposal of the Writ Petition. in 16th ward in ^ Counsel for the Petitioner: SMT. MODAPOTHULA SUMALATHA Counsel for the Respondent Nos. 1, 3, 4 & 6: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent Nos. 5 & 7; SMT. SIREESHA RANI VALLABHANENI (SC FOR MUNICIPALITIES) Counsel for the Respondent Nos. 2 & 8: GP FOR FINANCE & PLANNING The Court made the following order; APHC010408122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] *5 THURSDAY,THE SEVENTH DAY OF AUGUST TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20877/2025 Between: 1.M/S K VENKATESWARA REDDY, REP. BY ITS MANAGING PARTNER K VENKATESWARA REDDY, S/O. K VENKATA REDDY, AGED ABOUT 52 YEARS, OCC CONTRACTOR, RJO. HOUSE NO. 16-3/A, COLONY ROAD, RUKMINI NILAYAM, PIDUGURALLA POST AND MANDAL, GUNTUR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. SECRETARIAT BUILDINGS, DEPARTMENT OF FINANCE AND PLANNING, 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 PIDUGURALLA MUNICIPALITY, REP. BY ITS COMMISSIONER, PIDUGURALLA, PALNADU DISTRICT. 2 6.THE EXECUTIVE ENGINEER, PUBLIC HEALTH SPECIAL NARASARAOPET, PALNADU DISTRICT. 7.THE DEPUTY EXECUTIVE MUNICIPALITY, PIDUGURALLA, PALNADU DISTRICT. 8. THE CHIEF EXECUTIVE OFFICER, APCFSS BHAVAN, BEHIND APLLC BUILDING, DISTRICT, PINCODE 522503. DIVISION, ENGINEER, PIDUGURALLA 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 topleased 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. 10,72,770/- vide CFMS No.2024-2200958, > bills, payable to the petitioner in relation to the works even after finalizing the - i.e.. Improvement CC road at Kummaripalem From H.No. IS OS Koppuravuri Sambasivarao house (Subbarao Kottu) to H.No. 16-147 Shaik Subhani house in 16th ward in Piduguralla Municipality, vide Agreement No. 109/2022-23, dated 27.12.2022 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs. 10,72,770/- vide CFMS No.2024-2200958 with interest @24 percent 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 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 of Rs 10,72,770/- vide CFMS No.2024-2200958 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Improvement CC road at Kummaripalem From H.No. 16-95 Koppuravuri Sambasivarao house (Subbarao Kottu) to H.No. 16-147 Shaik Subhani house in 16th ward in Piduguralla Municipality, vide Agreement No. 109/2022-23, dated 27.12.2022, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. MODAPOTHULA SUMALATHA 3 Counsel for the Responclent(S): 1.GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING The Court made the following: Order: Learned counsel for the petitioner submits executed works as entrusted by the 5“^ Agreement No. 109/2022-23, dated 27.12.2022 that the petitioner has respondent Municipality vide and submitted final bills. It is submitted that the competent authority has also recorded works and certified the works in the M-Book. It is submitted that, in all. an amount of Rs. 10,72,770/- the progress of is due and payable by the respondents were also uploaded in the CFMS Portal. to the petitioner. It is submitted that the bills However, 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 and Planning learned Standing Counsel for the Municipality. , and the 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. 4. 5. Sd/- N. NAGASV!iVSA ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Special Chief Secretary, Department of Municipal Administration And Urban Development, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The 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 Engineer-in-Chief, Public Health and Municipal Engineering Department, Tadepalli, Guntur District. 5. The Commissioner, Piduguralla Municipality, Piduguralla, Palnadu District. 6. The Executive Engineer, Public Health Special Division, Narasaraopet, Palnadu District. 7. The Deputy Executive Engineer, Piduguralla Municipality, Piduguralla, Palnadu District. 8. The Chief Executive Officer, APCFSS, 3rd Floor, Nidhi Bhavan APIIC Building, Mangalagiri, Guntur District, Pincode 522503. 9. One CC to Smt. Modapothula Sumalatha Advocate [OPUC] 10. One CC to Smt. Sireesha Rani Vallabhaneni (SC for Municipalities), Advocate [OPUC] 11. Two CCs to GP for Muncipal Admn Urban Dev, High Court of Andhra Pradesh [OUT] 12. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 13. Two CD Copies Behind TF HIGH COURT DATED:07/08/2025 ORDER WP NO. 20877 OF 2025 ^ 2 0 AUG 2025 i lS«Qirr«nt Section^' DISPOSING OF THE W.P., WITHOUT COSTS