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2025 DAILYLAW 31009 (AP)

VELLORE RAMESH REDDY v. THE STATE OF ANDHRA PRADESH

WP/23294/2024 · 2025-07-15

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

II APHC010451112024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) I WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23294 OF 2024 Between: Vellore Ramesh Reddy, S/o. Venkatapathy Reddy, Aged 60 Years, Contractor, R/o. 22-6-119/2B/1 A, Akkarampalli, Revenue Ward No.22 Tirupati (urban), Tirupati Post, Tirupati District (erstwhile Chittor). Occ. VTC ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Development Department, Municipal Administration and Urban 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, Rep. Its by The Commissioner, Tirupati, Tirupati District. 5. The Superintending Engineer, Tirupati Municipal Corporation Tirupati, Tirupati District. ' 6. The Municipal Engineer-ll, Tirupati Municipal Corporation, Tirupati District. Tirupati, 7. The Deputy Executive Engineer, Tirupti Municipal Corporation Tirupati District. Tirupati, ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court plea^’ed to issue may be an appropriate writ or order or a direction more particularly in the nature of writ of MANDAMUS declaring the respondents in not releasing the admitted 1st and Final bill 1,41,05,031/-, one action of the amount of Rs. even after finalized the bill payable to the petitioner after successful execution of work for Providing CC Roads at Thimminaidupalem in Ward No.1 vide its Agreement No.244/23-24 dated 16.11.2023 in Tirupati Municipal Corporation, Tirupati, under Municipal I Development Funds, which is illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India Corporation, Tirupati, and also violative of principles of to release the bill amount for Rs. 1,41,05,031/- due to the petitioner in respect of execution of work forthwith interest of 18%. natural justice and consequently direct the respondents lA NO: 1 OF 9n9d 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 to direct the respondents to release the admitted 1st Rs.1,41,05,031/- and Final bill amount of Roads at , dated Tirupati, immediately, pending due to the petitioner for Providing CC Thimminaidupalem in Ward No.1 vide its Agreement No.244/23-24 16.11.2023 in Tirupati Municipal Corporation disposal of the main writ petition. Counsel for the Petitioner: SRI BATTULA SANJAIAH Counsel for the Respondent Nos. 1 & 3: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No.2: GP FOR FINANCE & GANDHI PLANNING Counsel for the Respondent Nos. 4 to 7: SRI POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region The Court made the following order: APHC010451112024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY.THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23294/2024 Between: 1.VELLORE RAMESH REDDY, S/0. VENKATAPATHY REDDY, AGED 60 YEARS, OCC. CONTRACTOR, AKKARAMPALLI, REVENUE WARD N0.22, VTC TIRUPATI (URBAN), TIRUPATI POST, TIRUPATI DISTRICT (ERSTWHILE CHITTOR). ...PETITIONER R/0. 22-6-119/2B/1 A, AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL MUNICIPAL ADMINISTRATION AND URBAN SECRETARIAT, VELAGAPUDI, SECRETARY, DEVELOPMENT DEPARTMENT, 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, REP. ITS BY THE COMMISSIONER, TIRUPATI, TIRUPATI DISTRICT. 5.THE SUPERINTENDING ENGINEER, TIRUPATI MUNICIPAL CORPORATION TIRUPATI, TIRUPATI DISTRICT. 6.THE MUNICIPAL ENGINEERLL, TIRUPATI MUNICIPAL CORPORATION, TIRUPATI, TIRUPATI DISTRICT. 2 7.THE DEPUTY EXECUTIVE ENGINEER, TIRUPTI MUNICIPAL CORPORATION, TIRUPATI, TIRUPATI 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 tomay 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 1st and Final bill amount of Rs. 1,41,05,031/-, even after finalized the bill payable to the petitioner after successful execution of work for Providing CC Roads at Thimminaidupalem in Ward No.1 vide its Agreement No.244/23-24, 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.1,41,05,031/- due to the petitioner in respect of execution of work forthwith interest of 18 percentage and to pass 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 may be pleased direct the respondents to release the admitted 1st and Final bill amount of Rs.1,41,05,031/- due to the petitioner for Providing CC Roads at Thimminaidupalem in Ward No.1 vide its Agreement No.244/23-24, dated 16.11.2023 in Tirupati Municipal Corporation, Tirupati, immediately, pending disposal of the main writ petition and pass 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 3 / The Court made the following Order: Learned counsel for the petitioner submits that the petitioner has completed the work of laying CC Roads at Thimminaidupalem as per Agreement No.244/23-24, dated 16.11.2023 entrusted by the 5**^ respondent and submitted final bills. However, amounts have not been paid. Aggrieved by the same, the present Writ Petition is filed. 2. It is stated in the counter that the bills could not be paid on account of financial constraints. It is further stated that the petitioner will be paid soon after the release of the budget to the 4*'^ respondent-Corporation. 3. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development,for respondents 1 and 3, the learned Assistant GovernmentPleader for Finance and Planning, for the 2"*^ respondent and the learned Standing Counsel for respondents 4 to 7. 4. Considering the submissions, the respondents 2 to 4 are hereby directed to verify and release the payment due payable to the petitioner as expeditiously as possible preferably within a period of eight (8) weeks from the date of receipt of a copy of this order. 5. Accordingly, the Writ Petition is disposed of. No costs. 6. Pending miscellaneous petitions, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// r % SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and Development Department, Secretariat, Velagapudi, Amaravathi. Urban V ^ 2. The Principal Secretary, Department of Finance and Planning, Secretariat, Velagapudi, Amaravathi. 3. The Commissioner and Director of A.P Guntur District. 4. The Commissioner, Tirupati Municipal Corporation District. 5. The Superintending Engineer, Tirupati Municipal Corporation Tirupati District. 6. The Municipal Engineerll, Tirupati Municipal Tirupati District. 7. The Deputy Executive Engineer, Tirupti Municipal Corporation. Tirupati District. 8. One CC to Sri Battula Sanjaiah Gandhi Advocate [OPUC] 9. One CC to Sri Potham Vengala Reddy Rayalaseema region) Advocate [OPUC] 10. Two CCs to GP for Municipal Admn. Andhra Pradesh [Out] 11. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 12. Two CD Copies Municipal Administration, Guntur, Tirupati, Tirupati Tirupati, Corporation, Tirupati, Tirupati (SC For M.Corporation in & Urban Dev, High Court of TF / HIGH COURT DATED:16/07/2025 ORDER WP NO. 23294 OF 2024 r X J V JUL 2025 cm o^ . Curreni Section ^ ^ DISPOSING OF THE W.P., WITHOUT COSTS