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i APHC010424022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT < THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21967 OF 2025 Between: M/s Sri Sai Construction, Rep.by. Proprietor D.Ramprasad S/o.Narasimhamurthi, Age 46 Anjaneyanagar, Ramanayyapeta(v), District. R/O.H.No.2-277. Kakinda Rural (m),Kakinada years ...Petitioner AND
1. The State of Andhra Pradesh, Rep by its Principal Secretary, Municipal Administration And Urban Development Department, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Kakinada Municipal Corporation, Kakinada, Kakinada District. 3. The Executive Engineer, Municipal Corporation Kakinada District. 4. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. rep.by its Commissioner, ...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 an appropriate Writ Order or direction more particularly one
y. ■ in the nature of Writ of Mandamus declaring the action of the withholding the payments of pending Four Lakhs, Twenty Two Thousand Five Respondents in amounts of Rs.24,22,577/- (Twenty Hundred and Seventy Seven Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e I. Formation of CC Road from 3-16E-5 to Lakshmi Narayan Nagar of 7th division II. Construction of 3-9A-15/1F in compound wall to LPNo.421/81 Layout of east side Reserved open site in revenue colony 13th division, III. Providing open area filling ,Existing old gate repair and west side compound wall painting of dhobikhana community hall in 44th division of KMC For the year 2023as bad .illegal, arbitrary, improper, unjust the Article 21 of constitution of India and consequently direct the to pay the amounts of Rs.24,22,577/- (Twenty Four Lakhs, Twenty Thousand, Five Hundred and Seventy Seven Rupees only) with interest @ 24 percent per annum for the delayed amount till date of realization for works executed by the petitioner. and against respondents Two the lA NO:
1 OF 2Q2fi 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 direct the respondents to releasing the amounts of Rs. Four Lakhs, Twenty Two Thousand, Five Hundred Rupees only)Payable to him, pending disposal of the writ petition.
Counsel for the Petitioner: SRI DEVASRI ROSHAN KANCHARLA Counsel for the Respondent No. 1: GP MUNCIPAL ADMN DEV Counsel for the Respondent Nos 2 and 3: SRI M KRISHNA RAO SC FOR MUNICIPAL CORPORATION Counsel for the Respondent No. 4: GP FOR FINANCE PLANNING The Court made the following order: to 24,22,577 (Twenty and Seventy Seven AND URBAN
- #APHC010424022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) m\s\ [3457] WEDNESDAY,THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21967/2025 Between:
1.SRI SAI CONSTRUCTION, REP.BY. PROPRIETOR D.RAMPRASAD AGE 46 YEARS,R/O.H.NO.2-277. KAKINDA RURAL S/O.NARASIMHAMURTHI, ANJANEYANAGAR,RAMANAYYAPETA(V), (M),KAKINADA DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT SECRETARIAT BUILDING, VELAGAPUDI, MUNICIPAL ADMINISTRATION AND DEPARTMENT, AMARAVATHI, GUNTUR. 2.THE KAKINADA MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER,KAKINADA, KAKINADA DISTRICT. 3.THE EXECUTIVE ENGINEER, MUNICIPAL CORPORATION KAKINADA DISTRICT. 4.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT OF FINANCE AND PLANNING SECRETARY SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.
...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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the
2 W.P. No.21967 0F^ Date of orcler:20.08.2|||!^ ' pending amounts ot* and Seventy Seven Rupees only) even afte/finalizing thTbilt wLle t^the .0 ?9ri5/rTl '■ ^ Road:r: s-ieL 3 9A-15/1F in Lakshmi Narayan Nagar of 7th division II Construction of compound wall to LPNo.421/81 Layout of east side Reserved open ste revenue colony 13th division,Ill.Providing open area filling .Existing old gate ^pair and west side compound wall painting of dhobikhana community haf n 44th division of KMC For the year 2023as bad .illegal, arbitrary mprope unjust and against the Article 21 of constitution of India and ^ ' irect the respondents to pay the amounts of Rs.24,22 577/ Lakhs, Twenty Two Thousand, Five Hundred and Seventy Seven Rupees realization ^ if"* per annum for the delayed amount till date of realization for the works executed by the petitioner and Respondents in withholding the payments of Rs.24.22,577/- (Twenty Four Lakhs consequently - (Twenty Four pass lA NO: 1 OF 2C)9R Petition under Section 151 CPC in tho offw -4 FI .4 ■ Pi'ay'ng that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased 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 #- W.P. No.21967 OF 2025 Date of order:20.08.2025 ■ ^ THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.21967 OF 2025
ORDER
1. The learned counsel for the petitioner submits that the petitioner has executed works as entrusted by the 2^^^ respondent and submitted final bills. It is submitted that the check slips for release of final bill was also endorsed by the competent engineers and also recorded the progress of work and certified the work in the M-Book. It is submitted that, in all, an amount of Rs.24,22,577/- 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 submissions of the
learned counsel for the petitioner, the learned Government Pleader for Municipal Administration & Urban Development, appearing for the 1 St respondent, the learned standing counsel for the Corporation, appearing for respondents 2 and 3, the learned Assistant Government Pleader for Finance and Planning, appearing for the 4"" respondent.
3. Considering the submissions, respondents 2 to 4 are hereby directed to verify and release the payments due payable to the petitioner expeditiously as possible preferably within a period of eight (08) weeks from the date of receipt of a copy of this order.
4. Accordingly, the writ petition is disposed of. No costs. as
5. Pending miscellaneous petitions, if any, shall stand closed.
Sd/- SHAiK WiOHD. RAFi ASSISTANT R^ISTRAR //TRUE COPY// SECTION OFFtCER To,
1. The Principal Secretary, Municipal Administration Development Department, State of AP, Velagapudi, Amaravathi, Guntur. And Urban Secretariat Building,
2. The Commissioner, Kakinada District.
3. The Executive Engineer, Municipal Corporation Kakinada District
4. The Principal Secretary, Department of Finance and Planning Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District.
5. One CC to Sri. Devasri Roshan Kancharla Advocate [OPUC]
6. One CC to Sri. M Krishna Rao SC for Municipal Corporation [OPUC]
7. Two CCs to GP for Finance Planning High Court of Andhra Pradesh [OUT] Two CCs to GP for Municipal Admin and Urban Development, High Court of Andhra Pradesh [OUT]
9. Two CD Copies GSC Kakinada Municipal Corporation, Kakinada, , State of Amaravathi,
8.
T 'i.. . h. V; \ \ HIGH COURT DATED:20/08/2025
ORDER WP NO. 21967 OF 2025 a 0 S SEP 2025 )S, DISPOSING THE WP WITHOUT COSTS