APHC010464882023 y IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24265 OF 2023 Between: Maddala Dharmaji Rao, S/o. Rangarao, aged 47 years, Occ. Contractor, R/o. T 41, Sri Chakra Arcade, JN Road, Vikas Nagar, Danavaipeta amahendravaram. East Godavari District. Raj ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Municipal Administration Department Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. 2. State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Guntur District. 3. The Director of works and Account Officer, Nidhi Bhavan, Mangalagiri IT Park, Behind APIIC Building, Mangalagiri, Guntur District. 4. The Commissioner and Director of Municipal Administration, Sri Krishna Enclave, Gorantia, Guntur, Guntur District. 5. The Nidadavole Municipality, Rep. by its Commissioner, Nidadavole, West Godavari District. 6. The Deputy Executive Engineer, The Nidadavole Municipality, Nidadavole, West Godavari District. Secretariat, Velagapudi, Amaravathi, Thullur Mandal, 7. The Municipal Assistant Engineer, The Nidadavole Municipality, Nidadavole, West Godavari District. ...Respondents ' P^tUion 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 a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing the payments for the works i.e., i) Formation of Internal roads with quarry rubbish and gravel for housing sites R.S.No. 857-2, 2A,2B,3, 3A, 5, 858, 858-1,2,3,4, 861-3, 874, 875-1 876-1,2,3, 877-2 road Nos. 1-24 (Ac.38.82 cents) in Y.S.R.Nagar near oldage home in ward No. 28 of Nidadavole Municipality for 22,45,979/-, ii) Formation of Internal roads with quarry rubbish and gravel for housing sites R.S.No. 857-2, 2A,2B,3, 3A, 5, 858, 858-1,2,3,4, 861-3, 874, 875-1, 2A, 2B, 876-1,2,3, 877-2 road Nos. 25-54 (Ac.38.82 Y.S.R.Nagar near oldage home in ward No. 28 of Nidadavole Municipality for an amount of Rs. 22,80,688/-, iii) Formation of Internal roads with rubbish and gravel for housing sites R.S.No. 857-2, 2A,2B,3, 3A, 5, 858, 858- 1,2,3,4, 861-3, 874, 875-1, 2A, 2B, 876-1,2,3, 877-2 (Ac.38.82 cents) in Y.S.R.Nagar near oldage home in ward No. 28 of Nidadavole Municipality for an amount of Rs. 17,94,789/- and iv) Formation of Internal roads with quarry rubbish and gravel for housing sites R.S.No. 857-2, 2A,2B,3, 3A, 5, 858, 858-1,2,3,4, 861-3, 874, 875-1, 2A, 2B, 876-1,2 road Nos. 82-102 (Ac.38.82 cents) in Y.S.R.Nagar near oldage home in ward No. 28 of Nidadavole Municipality for an amount of Rs. 18,88,801/- totaling for an amount of Rs. 82,10,257/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities release Rs. 82,10,257/- forthwith for the above said works executed by the petitioner. >' ■ . . 2A, 2B, an amount of Rs. cents) in quarry road Nos. 55-81 3, 877-2 to 4 NO: 1 OF 2023 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 respondents to consider for payment of amount of Rs. the works executed by the petitioner for i) Formation of Internal roads with to 82,10,257/- for quarry rubbish and gravel for housing sites R.S.No. 857-2, 2A,2B,3, 3A, 5, 858, 858-1,2,3,4, 861-3, 874, 875-1, 2A, 2B, 876-1,2,3, 877-2 road Nos. (Ac.38.82 cents) in Y.S.R.Nagar near oldage home in ward No. 28 of Nidadavole Municipality for an amount of Rs. 22,45,979/-, ii) Formation of Internal roads with quarry rubbish and gravel for housing sites R.S.No. 857-2, 2A,2B,3, 3A, 5, 858, 858-1,2,3,4, 861-3, 874, 875-1, 2A, 2B, 876-1,2,3, 877-2 road Nos. 25-54 (Ac.38.82 cents) in Y.S.R.Nagar near oldage home in ward No. 28 of 1-24 Nidadavole Municipality for an amount of Rs. 22,80,688/-, iii) Formation of Internal roads with quarry rubbish and gravel for housing sites R.S.No. 857-2, 2A,2B,3, 3A, 5, 858, 858-1,2,3,4, 861-3, 874, 875-1, 2A, 2B, 876-1,2,3, 877-2 road Nos. 55-81 (Ac.38.82 cents) in Y.S.R.Nagar near oldage home in ward No. 28 of Nidadavole Municipality for an amount of Rs. 17,94,789/- and iv) Formation of Internal roads with quarry rubbish and gravel for housing sites R.S.No. 857-2, 2A,2B,3, 3A, 5, 858, 858-1,2,3,4, 861-3 875-1, 2A, 2B, 876-1,2,3, 877-2 road Nos. 82-102 (Ac.38.82 cents) in Y.S.R.Nagar near oldage home in ward No. 28 of Nidadavole Municipality for an amount of Rs. 18,88,801/- totaling for an amount of Rs. 82,10,257/- forthwith, pending disposal of the main Writ Petition. 874 Counsel for the Petitioner: SRI RAMBABU KOPPINEEDI Counsel for the Respondent No.1 & 4: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent Nos. 5 to 7: SMT. SIREESHA RANI VALLABHANENI (SC FOR MUNICIPALITIES) Counsel for the Respondent Nos. 2 & 3: GP FOR FINANCE & PLANNING The Court made the following order: APHC010464882023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24265/2023 Between: 1.MADDALA DHARMAJI RAO, S/0. RANGARAO, AGED 47 YEARS, OCC. CONTRACTOR, R/0. T 41, SRI CHAKRA ARCADE, JN ROAD, VIKAS NAGAR, DANAVAIPETA, RAJ AMAHENDRAVARAM, EAST GODAVARI DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH SECRETARY VELAGAPUDI, AMARAVATHI DISTRICT. REP. BY ITS PRINCIPAL SECRETARIAT, THULLUR MANDAL, GUNTUR FINANCE DEPARTMENT, 3.THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, NIDHI BEHIND APIIC BUILDING, BHAVAN, MANGALAGIRI IT PARK, MANGALAGIRI, GUNTUR DISTRICT. 4.THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, GUNTUR, GUNTUR DISTRICT. 5.THE NIDADAVOLE MUNICIPALITY, , REP. BY ITS COMMISSIONER, NIDADAVOLE, WEST GODAVARI DISTRICT. SRI KRISHNA ENCLAVE, GORANTLA 2 W.P.No.24265_20^ 6. THE DEPUTY EXECUTIVE ENGINEER, THE NIDADAVOLE MUNICIPALITY, NIDADAVOLE, WEST GODAVARI DISTRICT. 7.THE MUNICIPAL ASSISTANT ENGINEER THE NIDADAVOLE MUNICIPALITY, NIDADAVOLE, WEST GODAVARI DISTRICT. i ...RESPONDENT(S): Pstition und6r 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 a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing the payments for the works i.e., i) Formation of Internal roads with quarry rubbish and gravel for housing sites R.S.No. 857-2, 2A,2B,3, 3A, 5, 858, 858-1,2,3,4, 861-3, 874, 875-1, 2A, 2B, 876-1,2,3, 877-2 road Nos. 1-24 (Ac.38.82 cents) in Y.S.R.Nagar near oldage home in ward No. 28 of Nidadavole Municipality for an amount of Rs. 22,45,979/-, ii) Formation of Internal roads with quarry rubbish and gravel for housing sites R.S.No. 857-2, 2A,2B,3, 3A, 5, 858, 858-1,2,3,4, 861-3, 874, 875-1, 2A, 2B, 876-1,2,3, 877-2 road Nos. 25-54 (Ac.38.82 cents) in Y.S.R.Nagar near oldage home in ward No. 28 of Nidadavole Municipality for an amount of Rs. 22,80,688/-, iii) Formation of Internal roads with quarry rubbish and gravel for housing sites R.S.No. 857-2, 2A,2B,3, 3A, 5, 858, 858-1,2,3,4, 861-3, 874, 875-1, 2A, ^B, 876-1,2,3, 877-2 road Nos. 55-81 (Ac.38.82 cents) in Y.S.R.Nagar near oldage home in ward No. 28 of Nidadavole Municipality for an amount of Rs. 17,94,789/- and iv) Formation of Internal roads with quarry rubbish and gravel for housing sites R.S.No. 857-2, 2A,2B,3, 3A, 5, 858, 858-1,2,3,4, 861-3, 874, 875-1, 2A, 2B, 876-1,24 877-2 road Nos. 82-102 (Ac.38.82 cents) in Y.S.R.Nagar near oldage home in ward No. 28 of Nidadavole Municipality for an amount of Rs. 18,88,801/-totaling for an amount of Rs. 82,10,257/- illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and as consequently direct the respondent authorities to release Rs. 82,10,257/- forthwith for the above said works executed by the petitioner and pass such lA NO: 1 OF 2023 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 to direct respondents to consider for payment of amount of Rs. 82,10,257/- for the works executed by the petitioner for i) Formation of 3 HN,J ■ W.P.No.24265 2023 Internal roads with quarry rubbish and gravel for housing sites R.S.No. 857-2, 2A,2B,3, 3A, 5, 858, 858-1,2,3,4, 861->3, 874, 875-1,2A, 2B, 876-1,2,3, 877-2 road Nos. 1-24 (Ac.38.82 cents) in Y.S.R.Nagar near oldage home in ward No. 28 of Nidadavole Municipality for an amount of Rs. 22,45,979/-, ii) Formation of Internal roads with quarry rubbish and gravel for housing sites R.S.No. 857-2, 2A,2B,3, 3A, 5, 858, 858-1,2,3,4, 861--3, 874, 875-1, 2A, 2B, 876-1,2,3, 877-2 road Nos. 25-54 (Ac.38.82 cents) in Y.S.R.Nagar oldage home in ward No. 28 of Nidadavole Municipality for an amount of Rs. 22,80,688/-, iii) Formation of Internal roads with quarry rubbish and gravel for housing sites R.S.No. 857-2, 2A,2B,3, 3A, 5, 858, 858-1,2,3,4, 861-3, 874, 875-1, 2A, 2B, 876-1,2,3, 877-2 road Nos. 55-81 (Ac.38.82 cents) Y.S.R.Nagar near oldage home in ward No. 28 of Nidadavole Municipality for an amount of Rs. 17,94,789/- and iv) Formation of Internal roads with quarry rubbish and gravel forhousing sites R.S.No. 857-2, 2A,2B,3, 3A, 5, 858, 858- 1,2,3,4, 861-3, 874, 875-1, 2A, 2B, 876-1,2,3, 877-2 road INos. 82-102 (Ac.38.82 cents) in Y.S.R.Nagar near oldage home in ward No. 28 of Nidadavole Municipality for an amount of Rs. 18,88,801/- totaling for amount of Rs. 82,10,257/-forthwith, pending disposal of the main Writ Petition and pass such Counsel for the Petitioner: 1.RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1.GP FOR FINANCE PLANNING 2.GP FOR MUNCIPAL ADMN URBAN DEV near in an 4 if' 'uh HN, J W.P.No.24265 2023 ' / ■ This Court made the following Order:- Heard the learned counsel appearing for the petitioner, the learned Assistant Government Pleader for Municipal Administration appearing for the respondent Nos.1 and 4, the learned Assistant Government Pleader for Finance appearing for respondent Nos.2 and 3. mk 2. Learned counsel for the petitioner submits that the petitioner has completed the works under Agreement Nos. 4/2020-21, 5/2020-21, 6/2020- 217/2020-21 and 8/2020-21, dated 08.06.2020, entrusted by the respondent- corporation, and has submitted the final bills. 3. Considering the submissions, there shall be a direction to the respondents to verify and release the payments 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, sh^stand closed. Sd/- M. SRINIVAS ASSISTANT REGiSTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration Department Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. 2. The Principal Secretary, Finance Department, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. 3. The Director of works and Account Officer, Nidhi Bhavan, Mangalagiri IT Park, Behind APIIC Building, Mangalagiri, Guntur District. 4. The Commissioner and Director of Municipal Administration, Sri Krishna Enclave, Gorantia, Guntur, Guntur District. 5. The Commissioner, Godavari District. 6. The Deputy Executive Engineer Nidadavole, West Godavari District. 7. The Municipal Assistant Engineer, The Nidadavole Nidadavole, West Godavari District. 8. One CC to Sri Rambabu Koppineedi, Advocate [OPUC] 9. One CC to Smt. Sireesha Rani Vallabhaneni (SC for Municipalities), Advocate [OPUC] 10. Two CCs to GP for Muncipal Admn Urban Dev, High Court of Andhra Pradesh [OUT] 11. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 12. Two CD Copies Nidadavole Municipality, Nidadavole, West The Nidadavole Municipality, Municipality, TF HIGH COURT DATED;28/08/2025 g 28 AUG 2025 S ^ . Current Section . ^ ORDER WP NO. 24265 OF 2023 DISPOSING OF THE W.P., WITHOUT COSTS