VELLORE RAMESH REDDY v. THE STATE OF ANDHRA PRADESH
WP/23194/2024 · 2025-03-18
Nyapathy Vijay
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31007 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31007 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23194 OF 2024 Between: Vellore Ramesh Reddy, S/o. Venkatapathy Reddy, Aged 60 Years, Occ: Contractor, R/o. 22-6-119/2B/1 A, Akkarampalli, Revenue Ward No.22, VTC Tirupati (urban), Tirupati Post, Tirupati District (erstwhile Chittor). ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration & Urban Development Department, Secretariat, Velagapudi, Amaravathi. 2. . The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat, Velagapudi, Amaravathi. 3. The Commissioner and Director of Municipal Administration, Guntur, A.P. Guntur District. 4. Tirupati Municipal Corporation, Its Rep.by The Commissioner, Tirupati,Tirupathi District. 5. The Superintending Engineer, Tirupati Municipal Corporation, Tirupati, Tirupathi District. 6. The Municipal Engineer-ll, Tirupati Municipal Corporation Tirupati, Tirupathi District. 7. The Deputy Executive Engineer, Tirupti Municipal Corporation, Tirupati. Tirupathi District. ...RESPONDENTS
I 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 or order or a direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not releasing the admitted 1®* & Final Bill amount of Rs. 1,34,95,165/- even after finalized the bill payable to the petitioner after successful execution of work for “Providing CC Roads at Kothapalli to Venkata Reddy Colony in Ward No.1” vide its Agreement No.243/23-24, dated 16.11.2023 in Tirupati Municipal Corporation, Tirupati, under Municipal Corporation, Tirupati, Development Funds, which is illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India and also violative of Principles of Natural Justice and consequently direct the respondents to release the bill amount for Rs. 1,34,95,165/- due to the petitioner in respect of execution of work forthwith interest of 18 %. lA NO: 1 OF 2024 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 release the admitted 1®‘ & Final Bill amount of Rs.
1,34,95,165/- due to the petitioner for “Providing CC Roads at Kothapalli to Venkata Reddy Colony in Ward No.1” vide its Agreement No.243/23-24, dated 16.11.2023 in Tirupati Municipal Corporation, Tirupati, immediately, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI BATTULA SANJAIAH GANDHI Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING Counsel for the Respondent Nos.3 to 7: SRI PTHAM VENGALA REDDY, SC FOR MUNC & MUNC CORPORATION The Court made the following:
ORDER
I APHC010451132024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY ,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 23194/2024 Between: ...PETITIONER Vellore Ramesh Reddy AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1. BATTULA SANJAIAH GANDHI 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:
2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No. 23194 of 2024
ORDER:
1. The present Writ Petition is filed questioning the non release of final bill amount of Rs.1,34,95,165/- even after successful execution of work for providing CC roads at Kothapalli to Venkata Reddy Colony in Ward No.1 vide agreement No.243/23-24, dated 16.11.2023 in Tirupati Municipal Corporation, Tirupati. The Petitioner submits that he was completed the works allotted to him within the time specified and the works inspected by the respondents and measurements were recorded in
2. were M Book by the Assistant Executive Engineer and the same were verified by the Deputy Executive Engineer. Finally it is submitted that the Municipal Engineer-ll had tested the work and finalized the work progress net bill of Rs.1,34,95,165/- as per the recorded measurements, but however, amounts are not being paid to the Petitioner in spite of lapse of time. Hence, the present Writ Petition is filed. Learned Standing Counsel appearing for the Respondent No.4/Municipal Corporation submitted written instructions signed by the Commissioner, Municipal Corporation, Tirupati, wherein, it was
3. stated that the respondents will pay the final bill amount to the Petitioner after release of the budget to the Respondent Corporation. The written instructions are placed on record. As there is no dispute regarding the execution of work and the
4. amount due to the Petitioner, this Court deems it appropriate to dispose of the Writ Petition with the following direction: i) The respondents are directed to make the payment of the admitted amount to the Petitioner within a period of Four months from today. ii) There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Municipal Administration & Urban Development Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary, Department of Finance & Planning, State of Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The Commissioner & Director of Municipal Administration, Guntur, A.P. Guntur District. 4. The Commissioner, Tirupati Municipal Corporation, Tirupati,Tirupathi District. 5. The Superintending Engineer, Tirupati Municipal Corporation, Tirupati, Tirupathi District. 6. The Municipal Engineer-ll, Tirupati Municipal Corporation Tirupati, Tirupathi District. 7. The Deputy Executive Engineer, Tirupti Municipal Corporation, Tirupati. Tirupathi District. 8. One CC to Sri Battula Sanjaiah Gandhi, Advocate [OPUC]
9. Two CCs to GP for Municipal Admn & Urban Development, High Court Of Andhra Pradesh.
[OUT] Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT] One CC to Sri Potham Vengala Reddy, SC for MUNC & MUNC Corporation. [OPUC] Three CD Copies. 10. 11. 12. gi
HIGH COURT g> DATED:18/03/2025
ORDER WP.No.23194 of 2024 5 2 8 MAR 2025 ^ ^ . Curreni Section a to.
DISPOSING OF THE WRIT PETITION WITHOUT COSTS