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2025 DAILYLAW 31529 (AP)

A NARASINGA RAO v. THE STATE OF ANDHRA PRADESH

WP/23297/2024 · 2025-07-23

Harinath N

body2025

Judgment text

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APHC010453932024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) m THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSANDAND TWENTYFIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23297 OF 2024 Between: A. Narasinga Rao, S/o. A.Chinaranga Rao, Aged about 44 years, Occ Contractor, FR/o.H.No.2-211, Panchalingala, Kurnool, Kurnool District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance and Planning Department, Secretariat, Velagapudi, Guntur District 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Secretariat Buildings, Velagapudi, Guntur District 3. Kurnool Municipal Corporation, Rep. by its Commissioner, Kurnool, Kurnool District. 4. The Executive Engineer, Kurnool Municipal Corporation, Kurnool, Kurnool District. Development Department ...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 Writ of Mandamus, declaring the action of the respondents in not paying the admitted biil amount towards payment of Rs.4,37,502/- for the work “Construction of CC drain from NTR Circle to 3 Town Police Station and ^ Culvert at 3 Town agreement No.54/23-24 dt.22.07.2023 payment of Rs.9,06,189/- for the work Construction of CC Drain at D.No.79-65 to 79-58 police Station” vide near Manisha Beauty Parlour line and D.No.79-45 to D.No.79-39 near ft*-. Gurukrupa Canteen line in Krishna Nagar area 67 Sachivalayam 26 ward vide agreement No. 170/23-24 dt. 17.01.2024 and payment of Rs.9,08,615/- for the work Construction of CC Drain at D.No.79- 65-A1 to D.No.79-71 Near Old MRO Office line in Krishna Nagar Area 67 Sachivalayam 26 ward vide agreement No. 177/23-24 dt. 17.01.2024 entered with the 3^*^ respondent, as illegal, arbitrary, violative of Article 14 &19(g) of the Constitution of India and consequently direct the Respondents to forthwith release the payments of above bill amount towards payment along with interest. 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 to direct the respondents to forthwith process and release the pending bill towards payment of Rs.4,37,502/- for the work “Construction of CC drain from NTR Circle to 3 Town Police Station and RCC Culvert at 3 Town police Station vide agreement No.54/23-24 dt.22.07.2023: payment of Rs.9,06,189/- for the work “Construction of CC Drain at D.No.79-65 to 79-58 near Manisha Beauty Parlour line and D.No.79-45 to D.No.79-39 Gurukrupa Canteen line in Krishna Nagar area 67 Sachivalayam 26 ward vide agreement No. 170/23-24 dt. 17.01.2024; and payment of Rs.9,08,615/- for the work “Construction of CC Drain at D.No.79-65-A1 to D.No.79-71 Near Old MRO Office line in Krishna Nagar Area 67 Sachivalayam 26 ward” vide agreement No. 177/23-24 dt. 17.01.2024. near Counsel for the Petitioner; SRI K. RATHANGA PANI REDDY Counsel for the Respondent No.1:GP FOR FINANCE Counsel for the Respondent No.2:GP FOR MUNICIPAL AND PLANNING ADMINISTRATION AND URBAN DEVELOPMENT SRI POTHAM VENGALA REDDY, SC FOR MUNICIPAL CORPORATIONS Counsel for the Respondent Nos.3 & 4; The Court made the following order: APHC010453932024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) / [3457] THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23297/2024 Between: 1.A NARASINGA RAO, S/O.A.CHINARANGA RAO, AGED ABOUT 44 YEARS, OCC CONTRACTOR, FR/O.H.NO.2-211, PANCHALINGALA, KURNOOL, KURNOOL DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT FINANCE AND PLANNING DEPARTMENT, 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL MUNICIPAL ADMINISTRATION AND URBAN SECRETARIAT BUILDINGS, SECRETARY, DEVELOPMENT DEPARTMENT, VELAGAPUDI, GUNTUR DISTRICT 3. KURNOOL MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, KURNOOL, KURNOOL DISTRICT. 4.THE EXECUTIVE ENGINEER, KURNOOL MUNICIPAL CORPORATION KURNOOL, KURNOOL 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, order or direction more particularly one in the nature Writ of Mandamus, declaring the action of the respondents in not paying the admitted bill Rs.4,37,502/- for the work Construction of CC drain from NTR Circle to 3 Town Police Station and RCC Culvert at 3 Town agreement No.54/23-24 dt.22.07.2023 payment of Rs.9,06,189/- for the work Construction of CC amount towards payment of 2 HN,J ^ W.P.No.23297_2024 \ Dram at D,No.79-65 to 79-58 police Station vide near Manisha Beautv Krishnl N ^ D.No.79-45 to D.No.79-39 near Gurukropa Canteen line n dt 17 01 ?074 26 ward vide agreement No. 170/23-24 dt. 17.01.2024 and payment of Rs.9,08,615/- for the work Construction of CC Sarlrea 67 sachi' T '' ItiT ZT ! Sachivalayam 26 ward vide agreement No. 177/23-24 dt rdicle 14 A^n o *^1 Constitution of India and consequently direct the Respon ents to forthwith release the payments of above bill amount "wald! payment along with interest and pass lA NO: 1 OF 2n9d \ Petition under Section 151 CPC in tho offH -4 fi ^ ■ praying that in the circumstances stated pleased to direct the respondents to forthwith process and release the pending bill towards payment of Rs.4,37,502/- for the work “Construction of CC dram from NTR Circle to 3 Town Police Station Town police Station” vide and RCC Culvert at 3 agreement No.54/23-24 dt.22.07.2023; Rs.9,06,189/- for the work “Construction of CC 4. ..RESPONDENTS D.No.79-39 near payment of Drain at D.No.79-65 to 79-58 near Manisha Beauty Parlour line and D.No.79-45 to Gurukrupa Canteen line in Krishna Nagar area 67 Sachivalayam 26 ward vide agreement No. 170/23-24 dt 17 01 2024- anri payment of Rs.9,08,615/- for the work “Construction of CC Drain at D No 79- 65-ai to D.NOV9-71 Near Sachivalayam 26 ward” vide Old MRO Office line in Krishna Nagar Area 67 agreement No. 177/23-24 dt. 17.01.2024 and pass Counsel for the Petitioner: 1.K RATHANGA PANI REDDY Counsel for the Respondent(S): 1.POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region In 2.GP FOR FINANCE PLANNING 3.GP MUNCIPAL ADMN AND URBAN DEVAP 3 HKij > W.P.No.23297 2024 This Court made the following Order:- Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Finance and the learned Standing Counsel for the respondent-corporation. Learned counsel for the petitioner submits that the petitioner has completed the works under Agreement No.54/23-24, dated 22.07.2023, Agreement Nos.170/23-24 and 177/23-24, dated 17.01.2024, entrusted by the respondent-corporation, and has submitted the final bills. 2. 3. Considering the submissions, the respondents are hereby directed to verify and release the payments due payable 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, this Writ Petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed Sd/- B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// r ^ SECTION OFFICER To. 1. The Principal Secretary, Finance and Planning Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District 2. The Principal Secretary, Municipal Administration and Urban Development Department, State of Andhra Pradesh, Buildings, Velagapudi, Guntur District Secretariat 3. The Commissioner, Kurnool Municipal Corporation District. Kurnool, Kurnool 4. The Executive Engineer, Kurnool Municipal Corporation, Kurnool Kurnool District. 5. One CC to Sri K. Rathanga Pani Reddy, Advocate [OPUC] 6. One CC to Corporations[OPUC] 7. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh. [OUT] 9. Two CD Copies. Sri Potham Vengala Reddy, SC for Municipal ssb . HIGH COURT DATED:24/07/2025 5 11 AUG OT S L OSy ^ . Current iieciion . ^ ORDER WP No.23297 OF 2024 DISPOSING OF THE W.P. WITHOUT COSTS