VENKATESWARA ENTERPRISES v. THE STATE OF ANDHRA PRADESH
WP/23717/2025 · 2025-09-08
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31071 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31071 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
‘I 'f. 1# I'*; APHC010452062025 IN THE HIGH COURT OF ANDHRA PRADESH .. AT AMARAVATI (Special Original Jurisdiction) I TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23717 OF 2025 Between: M/s Venkateswara Enterprises, No. 28-2-276, Vaikuntapuram, Zakir Hussen Nagar Near Mahalakshmamma Temple, Nellore, SPSR Nellore District. Rep by its Proprietor Mr. B. Venkateswarlu. ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by its Prncipal Secretary, Municipalities and Urban Development Department, A.P. Secretariat Building, Velagapudi, Amaravathi, Guntur District. 2. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance and Planning Department Secretariat, Velagapudi, /Vmaravati, Guntur District. 3. The District Collector, Nellore District at Nellore
4. 4. The Nellore Municipal Corporation, Nellore, Nellore District. Rep by its Commissioner
5. The Executive Engineer, Nellore Municipal Corporation Nellore, Nellore District ...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
■v pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing payment for the bills to the petitioner for the works executed by him namely i) Laying of CC Road from AR Srinivasam Apartment to D. No. 4-7-216 at FCI Colony in Division No. 09 Under GGMP Grant under agreement No. 227/JTO- I/2023-24 Dated. 06.10.2023 for an amount of Rs 12,00,478/-, ii) Construction CC Drain from D. No. 4-7-64 to D. No. 4-7-141 in FCI Colony in 9/3 Sachivalayam under GGMP Grant under agreement No. 320/JTO- 1/2023-24 Dated. 23.12.2023 for an amount of Rs. 14,02,626/-, iii) Upgradation of CC Road from MCPS BR Street to D. No. 2-7-55 in Paruchurivari Street in 8/1 Sachivalayam under GGMP Grant under agreement No. 297/JTO-I/2023-24 Dated. 02.12.2023 for an amount of Rs. 19,46,116/-, iv) Upgradation of CC Road from D. No. 2-6-1 to D. No. MCPS Nawabpet BR Street Paruchuri Vari Street in Division No. 8 Nellore Municipal Corporation Under GGMP Grant under agreement No 192/JTO-I/2023- 24Dated. 16.09.2023for an amount of Rs. 18,48,756/- and v) Upgradation of CC Road from D. No. 5/2/5 to D. No. 5/3/497 in Kotha Street 8/3 Sachivalayam under GGMP Grant under agreement No. 286/JTO-I/2023-24 Dated. 29.11.2023 for an amount of Rs. 14,23,132/-, (total amount of Rs.
78,21,108/-) as illegal, arbitrary, malafidy, high-handed, and contrary to the procedure established by law apart from being voilative of Articles 14 and 19 (1) (g) of the Constitution of India and consequentially direct the respondents to release the payment of above bill along with interest forthwith in the interest of justice. 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 to direct the respondents to pay the bill of the petitioner for the works executed by him namely i) Laying of CC Road from AR Srinivasam Apartment to D. No. 4-7-216 at FCI Colony in Division No. 09 Under GGMP Grant under
agreement No. 06.10.2023for an amount of Rs. 12,00,478/-, il) Construction from D. No. 4-7-64 to D. No. 4-7-141 in FCl Colony in 9/3 CC Drain Sachivalayam under GGMP Grant under agreement No. 32(li/JTO- 1/2023-24 Dated. 23.12.2023 for an amount of Rs. 14,02,626/-, Hi) Upgradation of CC Road from MCPS BR Street to D. No. 2-7-55 in Paruchuriivari Street in 8/1 Sachivalayam under GGMP Grant under agreement No. 297/JTO-I/2023 -24 Dated. 02.12.2023 for an amount of Rs. 19,46,116/-, iv) Upgradation of CC Road trom D. No. 2-6-1 to D. No. MCPS Nawabpet BR Street Paruchuri Vari Street in Division No. 8 Nellore Municipal Corporation Under GGMP Grant under agreement No. 192/JTO-I/2023-24 Dated. 16.09.2023 for an amount of Rs. 18,48,756/- and v) Upgradation of CC Road from D. No. 5/2/5 to D. No. 5/3/497 in Kotha Street 8/3 Sachivalayam under GGMiP agreement No. 286/JTO-I/2023-24 Dated. 29.11.2023 for an amount of Rs. 14,23 132/-, (total amount of Rs. 78,21,108/-) pending disposal of the Writ Petitidn.
Grant under Counsel for the Petitioner: SRI KAMBHAMPATI RAMESH BABU Counsel for the Respondent No. 1:GP MUNCIPAL ADMM AND URBAN DEV Counsel for the Respondent No. 2: GP FOR FINANCE PLANNING Counsel for the Respondent No. 3: GP FOR REVENUE Counsel for the Respondent Nos. 4 and 5: SRI A S C BOSE SC FOR MUNICIPAL CORPORATION The Court made the following order:
# APHC010452062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATIH.N WRIT PETITION NO: 23717/2025 Between: ...PETITIONER • Venkateswara Enterprises AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1.KAMBHAMPATI RAMESH BABU Counsel for the Respondent{S):
1.GP FOR REVENUE 2.GP MUNCIPAL ADMN AND URBAN DEV AP 3.GP FOR FINANCE PLANNING The Court made the following:
2 W.P. No.23717 OF 4 Date of order:09.09.20. THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.23717 OF 7n9F:
ORDER
1. The learned counsel for the petitioner submits that the petitioner has executed works as entrusted by the 4 th respondent corporation and submitted final bills. It is submitted that the final bill the competent authority and also recorded was also endorsed by the progress of work and certified the work in the M-Book. It is submitted that, in all, an amount of Rs.78,21,108/- is due and payable by the respondents to the Though the work progress was recorded in the M-Book, been forth coming.
2. Heard the submissions of the learned petitioner. no amounts have counsel for the petitioner, the learned Government Pleader for Municipal Administration & Urban Development, the learned standing counsel for learned Assistant Government Pleader for Finance
3. Considering the submissions, respondents 2 and 4 verify and release the payments due payable thie Corporation, the and Planning, are hereby directed to 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.
4. Accordingly, the writ petition is disposed of. No costs.
5. Pending miscellaneous petitions, if any, shall stand closed Sd/- B. PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Municipalities Department, State and Urban Development Secretariat Building, of Andhra Velagapudi, Amaravathi, Guntur District. Pradesh,
4
2. The Principal Secretary, Finance and Planning Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.
3. The District Collector, Nellore District at Nellore
4.
4. The Commissioner, Nellore Municipal Corporation, Nellore, Nellore District.
5. The Executive Engineer, Nellore Municipal Corporation Nellore, Nellore District
6. One CC to Sri. Kambhampati Ramesh Babu Advocate [OPUC]
7. One CC to Sri. A S C Bose SC for Municipal Corporation [OPUC]
8. Two CCs to GP for Finance Planning, Fligh Court of Andhra Pradesh [OUT]
9. Two CCs to GP for Revenue Fligh Court of Andhra Pradesh [OUT] Two CCs to GP for Municipal Admin and Urban Develoment, Fligh Court of Andhra Pradesh [OUT] Two CD Copies
10.
11. GSC
% HIGH COURT DATED:09/09/2025
ORDER WP NO. 23717 OF 2025 I 2 2 SEP 2025 ^ . Current Section .
DISPOSING THE WP WITHOUT COSTS