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1 APHC010438312025 IN THE HIGH COURT OF ANDHRA PRADESH ^ AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23138 OF 2025 Between: Sri Tutika Srinivasa Rao, S/o.Ramana, Age 55 years, D.No.1-34, venkam peta, palakonda .Srikakulam District. ...Petitioner AND
1. The State of Andhra Pradesh, Rep by its Principal Secretary Urban Development Department, Municipal Administration And Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Municipal Commissioner, Palakonda Nagar Panchayat rep.by its Commissioner, Palakonda, Manyam District. 3. The District Collector, Manyam District. 4. The State of Andhra Pradesh, Rep. by its Principal Secretary Secretariat Buildings, Department of Finance and Planning, Velagapudi, Amaravathi, Guntur District. ‘ ' ...Respondents Petition under Article 226 of the Constitution of India praying that in the cirdimstances stated in the affidavit filed therewith, the High Court may be pleased 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 Rs. 29,74,640/- (Twenty Nine Lakhs, Seventy Four Thousand, Six Hundred and Forty Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e I, Construction of CC Drin at Sri Ganesh medicai shop -14 to sai durga tiffin shop ward no. 04 in palakonda nagar panchayat,Agreement No.92/2023- 2024,Dated. 26.12.2023(Rs.2,25,123/-),ll. Appaiaswamy nilayam to palla bhannu house at Construction of CC Drain from nagavamsapu veedi ward no.09 in Palakonda Nagar panchayat,Agreement No.94/2023-2024 26.12.2023(Rs.7,68,600/-),111. Date. Laying of CC Road from Dr,No. 109 to opp.door no.122 guruvugari panchayat. Agreement no. 103/2023-24 Date 03.02.20224(Rs.2,77,57 8/-) Construction of CC roads from sri ganesh medical shop -14 to door no.506 ward no.4 veedhi, in ward no. 13 in palakonda nagar IV. in palakonda panchayat Agreement no.91/2023-24,Date. 26.12.2023(Rs.7,24,671/-),V.Laying of cc roads from door no.232 to Door no.176 at onda veedhi ward no.14 in paiakonda nagar panchayat .Agrement no.90/2023-24,Date. 22-12-2023{Rs.4,02,742/- .Vi.Laying of CC Road from door no.149 to palla bhanu house at nagavamsapu veedhi ward no.9 in palakonda nagar panchayat ,Agreement no.93/2023-24 date. 26-12-2023 (Rs.5,75,926/-) 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.
29,74,640/- (Twenty Nine Lakhs.Seventy Four Thousand, Six Hundred and Forty Rupees only) interest @ 24% per annum for the delayed amount till date of realization for the works executed by the petitioner. with
lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to releasing the amounts Rs.29,74,640/- (Twenty Nine Lakhs, Seventy Four Thousand, Six Hundred and Forty Rupees only) payable to him, pending disposal of the write petition. Counsel for the Petitioner: SRI DEVASRI ROSHAN KANCHARLA ' ,-'i Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent No.2 : SRI G. LAKSHMI NARAYANA, SC FOR MUNICIPALITY Counsel for the Respondent Nos.3 & 4 : GP FOR FINANCE AND PLANNING The Court made the following order:
% APHC010438312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] r MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23138/2025 Between: Tutika Srinivasa Rao ...PETITIONER AND The State Of Ap and Others 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: ...RESPONDENT(S)
-2- THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.23138 OF 2025
ORDER
1. The learned counsel for the petitioner submits that the petitioner has executed works entrusted by the respondent-corporation and submitted the final bills. It is submitted that the competent authority has recorded the progress of the work and certified the same in the M-Book. It is further submitted that, in all, an amount of Rs.29,74,640/- is due and payable by the respondents to the petitioner. The learned counsel further submits that though the progress of the work was also recorded in the M-Book and the bills were admitted, no amount has been forthcoming.
2. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration and Urban Development; the learned Assistant Government Pleader for Planning, and the learned Standing Counsel corporation. Finance & for the respondent-
3. Considering the submissions, respondent Nos.2 and 4 to verify and release the payments due payable to the expeditiously as possible preferably within a period of six (06) weeks from the date of receipt of a copy of this order.
4. Accordingly, the Writ Petition is disposed of. No costs.
5. Pending miscellaneous petitions, if any, shall stand closed.
//TRUE COPY// are hereby directed petitioner as Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR 0^r SECTION OFFICER To,
1. The Principal Secretary, Development Department, Building, Velagapudi, Amaravathi, Municipal Administration State of Andhra Pradesh, i Guntur. ... And Urban Secretariat
2. The Municipal Commissioner, Palakonda Nagar Panchayat rep.by its Commissioner, Palakonda, Manyam District.
3. The District Collector, Manyam District.
4. The State of Andhra Pradesh, Rep. by its Principal Secretary Secretariat Buildings, Department of Finance and Planning Velagapudi, Amaravathi, Guntur District.
5. One CC to Sri Devasri Roshan Kancharla, Advocate [OPUC]
6. Two CCs to GP for Municipal Admn and Urban Development Court of A.P. [OUT]
7. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT]
8. One CC to Sri G. Lakshmi Narayana, SC for Municipality (OPUC)
9. Two CD Copies High Cnr
HIGH COURT DATED:01/09/2025
ORDER WP NO. 23138 OF 2025 DISPOSING OF THE W.P.
WITHOUT COSTS