CHILLURU VENKATA RAKESH v. THE STATE OF ANDHRA PRADESH
WP/23001/2025 · 2025-08-31
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31292 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31292 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010452552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT r— THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23001 OF 2025 Between: Chilluru Venkata Rakesh, S/o.VenkateswarIg, Aged 46 years, SPSR Nellore District. Atinakur, ...Petitioner AND
1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Municipal, Administration and Urban Development, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Atmakur Municipality, Rep.by.Commissioner District. 3. The District Collector, SPSR Nellore District. SPSR Nellore
4. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Finance and Planning Velagapudi, Amaravathi, Guntur District. Secretariat Buildings ...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 Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents i; . withholding the payments of pending amounts of Rs.25,87,155/- (Twenty Five Lakhs, Eighty Seven Thousand One in Hundred And Fifty Five Rupees
only)even after finalizing the bills payable to the petitioner in relation to theworks I.Atmakur Municipality -GGMP-2022-23- Providing CC Roads from BoyilaSubbareddy house to shaikKhadarbasha house at JR Peta in Ward no.05 in Atmakur Municipality-MAUD No. 1151-23942 no. 135/2023- Municipality -GGMP-2022-23 UP II.Atmakur 24Agreement 2023(Rs.3,30,020/) sannapureddybujjamma house to boinasheshaiah house at Krishna mandir north road in ward no. 14 in Atmakur Municipality -MAUD No. 1151- 23956,Agreement ),III.Atmakur Municipality -GGMP Grant-2022-23-Providing CC Drain From Dt 31-12- gradation of CC roads from no. 136/2023-24,Date 31.12.2023(Rs.4,84,377/- Rafi House at battepadu main road to pantakaluva at ACSR Colony in ward no.19 in Atmakur municipality MAUD No. 1151-8365, Agreement No.65/2023- 24,Date 01.09.2023(Rs. 1,31,398/-),IV.Atmakur Municipality - GGMP-2022-23- Providing CC Roads form syedmanam house to masjid in ward no 18 in Atmakur -MAUD No. 1151-8365, Agreement No.65/2023- municipality -1151-12753, Agreement no.74AJ2023- 14.11.2023,(Rs.3,30,020/-) V.Atmakur Municipality -GGMP-2022-23- Providing CC Roads from uppuvenkatamma house to syedmanan house in ward no.18 in Atmakur municipality -1151-12748,Agreement no.74B/2023- 24,Dt14.11.2023(Rs.2,72,868/-), VI. Atmakur Municipality -GGMP-2022-23- Providing CC Drain and Culverts from Sivalayam temple to sal baba temple at shivalayam road in 19th ward in AtmakurMunicipality -MAUD No.1151- 23688,Agreement ),VIII.Atmakur Municipality -GGMP Grant -2022-23 Providing CC Culverts and Drain at Ramulavari Temple to daraKamalamma house at ACSR Colony in 24, Date no.95/2023-24,Date 23.12.2023(Rs.2,55,690/- ward no.
19 in Atmakur Municipality -MAUD No.1151-8373,Agreement no 66/2023- 24,Date 01.09.2023(Rs.75,558/-)IX.Atmakur Municipality -GGMP Grant -2022- 23-Providing CC Road from ShaikTajuddin house to shaikDastagiri house at 0 Tekkey in ward no. 17 in Atmakur Municipality - MAUD No.1151-8396, 1.09.2023(Rs.1,91,935/-),X. Agreement no.71/2023-24,Date Municipality -GGMP-2022-23-Providing cc
culverts and cc road from shaikshabber house to shaikkhadharbasha house at tekkey in ward no.17 in municipalit MAUD No. 1151-8390,Agreem ent no.70/2023,24,Date 1.09.2023(Rs.2,97,829/-),XU.Atmakur Municipality - GGMP Grant -2022-23- Providing cc Drain from kappala Mahesh house to current substation house at sivalayam in ward no. 19 in Atmakur Municipality - MAUD No.1151- 8378,Agreement no.67/2023-24,Date 01.09.2023(Rs. 1,13,530/-) 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.25,87,155/- (Twenty FiveLakhs, Eighty Seven Thousand One Hundred And Fifty Five Rupees only)with interest @ 24% per annum for the delayed amount till date of realization for the works executed by the petitioner. 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 forthwith consider releasing the amountsRs.25,87,155/- (Twenty Lakhs, Eighty Seven Thousand One Five Hundred And Fifty Five Rupees only)payable to the petitioner herein, pending disposal of the writ petition.
Counselfor the Petitioner:SRI DEVASRIROSHANKANCHARLA Counsel for the Respondent Nos.1 & 3 : GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent No.2 : SRI G. LAKSHMI NARAYANA, SC FOR MUNICIPALITY Counsel for the Respondent No.4 : GP FOR FINANCE AND PLANNING The Court made the following order:
APHC010452552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE f PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23001/2025 Between: Chilluru Venkata Rakesh ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S):
1.GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR FINANCE PLANNING The Court made the following:
-2- W.P. No.23001 of 2025 Date of order: 01.09.2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.23QQ1 QF 2025
ORDER
1. The learned counsel for the petitioner submits that the petitioner has executed works entrusted by the respondent-corporation final bills. It is submitted that the and submitted the competent authority has recorded the same in the M-Book. It is further progress of the work and certified the submitted that, in all, an amount of Rs.25,87,155/- is due and payable by the respondents to the petitioner. The learned counsel further submits that was also recorded in the M-Book and the though the progress of the work 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; & Planning, and the the learned Assistant Government Pleader for Finance learned Standing Counsel for the respondent-corporation.
3. Considering the submissions, to verify and release the respondent Nos.2 and 4 are hereby directed payments due payable to the petitioner expeditiously as possibie preferably within a period of six (06) weeks from the date of receipt of a copy of this order. as
4. Accordingly, the Writ Petition is disposed of. No costs.
5. Pending miscellaneous petitions, if any, shall stand closed.
Sd/-G.HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Department of Municipal, Administration and Urban Development, State of Andhra Pradesh, Secretariat Building, Velagapudi, Amaravathi, Guntur.
2. The Commissioner, Atmakur Municipality, SPSR Nellore District. The District Collector, SPSR Nellore District. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Guntur District. One CC to Sri Devasri Roshan Kancharla, Advocate [OPUC] Two CCs to GP for Municipal Admn & Urban Development, High Court of Andhra Pradesh [OUT] Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] One CC to Sri G. Lakshmi Narayana, SC for Municipality (OPUC) Two CD Copies
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HIGH COURT DATED:01/09/2025
ORDER WP NO. 23001 OF 2025 SEP 2025 js \V^Ci»rentSectiw^^ DISPOSING OF THE W.P.
WITHOUT COSTS