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2025 DAILYLAW 31170 (AP)

VELLORE RAMESH REDDY v. THE STATE OF ANDHRA PRADESH

WP/23190/2024 · 2025-07-15

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

-.J APHC010451062024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) OF WEDNESDAY,THE SIXTEENTH DAY OF TWO THOUSAND AND TWENTY FIVE PRESENT ^ THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23190 OF 2024 o 'o 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, Urban Development Department, Municipal Administration and Secretariat, Velagapudi, Amaravathi. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Finance and Planning Amaravathi. Secretariat, Velagapudi, 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 - II, Tirupati Municipal Corporation, Tirupati, Tirupathi District. 7. The Deputy Executive Engineer, Tirupti Municipal Corporation, Tirupati, Tirupathi 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 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.90,28,152/- even after finalized the bill payable to the petitioner after successful execution of work for Construction of CC Drain at Poolavanigunta Internal Crosses in Ward No.2nd vide its Agreement No.360/23-24, dated 09.02.2024 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 of Rs.90,28,152/- due to the petitioner in respect of execution of work forthwith interest of 18 percentage. 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 1st & Final bill amount of Rs.90,28,152/- due to petitioner for “Construction of CC Drain at Poolavanigunta Internal Crosses in Ward No.2nd vide its Agreement No.360/23-24, dated 09.02.2024 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 Nos. 4 to 7: SRI P VENGAL REDDY SC FOR MUNICIPAL CORPORATION Counsel for the Respondent Nos. 1 and 3: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondent No. 2: GP FOR FINANCE PLANNING The Court made the following order: APHC010451062024 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: 23190/2024 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 SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT OF FINANCE AND PLANNING, SECRETARY, 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,TIRUPATHIDISTRICT. 5.THE SUPERINTENDING ENGINEER, TIRUPATI MUNICIPAL CORPORATION TIRUPATI,TIRUPATHI DISTRICT. TIRUPATI MUNICIPAL 6.THE MUNICIPAL ENGINEERLL, CORPORATION, TIRUPATI, TIRUPATHI DISTRICT. 2 7.THE DEPUTY EXECUTIVE ENGINEER, TIRUPTI MUNICIPAL CORPORATION. TIRUPATI, TIRUPATHI 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 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.90,28,152/- even after finalized the bill payable to the petitioner after successful execution of work for Construction of CC Drain at Poolavanigunta Internal Crosses in Ward No.2nd vide its Agreement No.360/23-24, dated 09.02.2024 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 of Rs.90,28,152/- 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 pleased direct the respondents to release the admitted 1st & Final bill amount of Rs.90,28,152/- due to petitioner for “Construction of CC Drain at Poolavanigunta Internal Crosses in Ward No.2nd vide its Agreement No.360/23-24, dated 09.02.2024 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 works 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 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. 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 Government Pleader for Finance and Planning, for 2 respondents 4 to 7. on 3. nd respondent and the learned Standing Counsel for Considering the submissions, the respondents 2 to 4 are hereby directed to verify and release the payments 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. Accordingly, the Writ Petition is disposed of. No costs. 4. 5. 6. Pending miscellaneous petitions, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Development Department, Velagapudi, Amaravathi. Municipal Administration State of Andhra Pradesh, and Urban Secretariat, 2. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi. 3. The Commissioner and Director of Municipal Administration. Guntur, A.P. Guntur District. 4. The Commissioner, Tirupati Municipal Corporation, Tirupati, Tirupathi District. r 5. The Superintending Engineer, Tirupati Municipal Corporation Tirupati, Tirupathi District. 6. The Municipal Engineerll, Tirupati Municipal Corporation, Tirupathi District. 7. The Deputy Executive Engineer, Tirupti Municipal Corporation, Tirupati, Tirupathi District. ^One CC to Sri. Battula Sanjaiah Gandhi Advocate [OPUC] 9. One CC to Sri. Potham Vengala reddy SC For Municipal Corporation [OPUC] Tirupati, 10. 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] Three CD Copies 11. 12. GSC \ •T'”' \ x- X HIGH COURT DATED:16/07/2025 I ORDER WP NO. 23190 OF 2024 AND«^ S 2UUL 2025 ^ Current Seelion DISPOSING THE WP WITHOUT COSTS