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2025 DAILYLAW 34456 (AP)

TALLAGANTI RAMESH BABU v. THE STATE OF AP

WP/27882/2024 · 2025-07-17

Harinath N

body2025

Judgment text

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APHC010531512024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) B FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27882 OF 2024 Between: Tallaganti Ramesh Babu, S/o Yesuratnam, Aged about 45 years, Occ Contractor, R/o D.No. 30/691, China Ullingipalem, Machilipatnam, Krishna District ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development dept. Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Krishna District at Machilipatnam 3. The Machilipatnam Municipal Corporation, Represented by its Commissioner, Machilipatnam, Krishna District 4. The Municipal Engineer, Machilipatnam Municipal Corporation, Machilipatnam, Krishna District 5. 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 r pleased to issue a WRIT OF MANDAMUS declaring the action of the Respondents herein, in withholding the payment of final bills of Rs.3,88,630/-, Rs.6,08,316/-, Rs. 1,19,860/-, Rs. 3,63,141/-, Rs.8,41,265/-, Rs.3,57,573/- and Rs.8,10,113/- totally an amount of Rs.34,88,898/- even after finalizing the bills payable to the petitioner in relation to the works i.e., 1) Providing CC Road from Noble road EP No. 8/322 to cross road in Division of Machilipatnam Municipal Corporation vide Agreement No. 110/GGMP/2023- 24, Dt. 08.02.2024, 2) Providing CC road from Raka Krishna gari House to E P No.36/175, E P No. 36/197 to E P No. 36/200 in rajupet. Division No.36 of Machilipatnam Municipal Corporation vide Agreement No. 88/GGMP/2023- 24, Dt. 16.12.2023, 3) Construction of CC Drain from E P No. 36/134 to E P No. 36/139, E P No. 36/84 to E P No.36/124, E P No. 36/7 to E P No.36/10 in Division No. 36 of Machilipatnam Municipal Corporation vide Agreement Dt. 16.12.2023, 4) Providing CC road, drain from Lakshmanarao house D.No. 30/178-7 to EP No 19/134 and approaches to Masjid road, Ajay gari house D.No. 30/178-A in Division No. 19 vide Agreement No. 29/GGMP/2023-24, Dt. 18.08.2023, 5) Providing CC road at ram Nagar and Ashok nagar in 46th Division of Machilipatnam Municipal Agreement No.98/GGMP/2023-24, Dt. 27.01.2024, NO.87/GGMP/2023-24, Corporation vide 6)Providing CC road from 9/182 to Marnath mandir house D.No.20/516-lb in 9th ward vide Agreement N0.115/GGMP/2023-24, Dt. 08.02.2024 and 7) Providing CC road from EP No. 9/180 to Do.No. 20/530-1, Beside Apartment near KVR Park in Division No.9 vide Agreement No. 113/GGMP/2023-24, Dt. 08.02.2024 (M Book Nos. 205/2022-2023, 155/2022-2023, 156/2022-2023, 147/2022-2023, 223/2022-2023 and 225/2022-2023 questioned, as the same is illegal and arbitrary and 14/2022-2023, respectively) is consequently direct the respondents to consider for payment of final bills of Rs.3,88,630/-, Rs. 6,08,316/-, Rs. 1,19,860/-, Rs. 3,63,141/-, Rs. 8,41,265/, Rs.3,57,573/- and Rs.8,10,113/- totally an amount of Rs.34,88,898/- with an interest @24% per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work., forthwith. 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 consider for payment of final bills of Rs.3,88,630/-, Rs. 6,08,316/-, Rs. 1,19,860/-, Rs. 3,63,141/-, Rs.8,41,265/, Rs.3,57,573/- and Rs.8,10,113/- totally an amount of Rs. 34,88,898/- with ' regard to the completion of works i.e., “1) Providing CC Road from Noble road EP No; 8/322 to cross road in 8*^ Division of Machilipatnam Municipal Corporation vide Agreement No. 110/GGMP/2023-24, Dt. 08.02.2024, 2) Providing CC road from Raka Krishna gari House to E P No.36/175, E P No. 36/197 to E P No. 36/200 in rajupet. Division No.36 of Machilipatnam Municipal Corporation , .vide Agreement. No, 88/GGMP/2023-24, Dt. 16.12.2023, 3) Construction of CC Drain from E P No. 36/134 to E P No. 36/139, E P No. 36/84 to E P No.36/124, E P No. 36/7 to E P No.36/10 in Division No. 36 of Machilipatnam Municipal Corporation vide Agreement NO.87/GGMP/2023-24, Dt. 16.12.2023, 4) Providing CC road, drain from Lakshmanarao house D.No;30/178-7 to EP No; 19/134 and approaches to Masjid road, Ajay gari house D.No: 30/178-A in Division No: 19 vide Agreement No. 29/GGMP/2023-24, Dt. 18.08.2023, 5) Providing CC road at ram Nagar and Ashok nagar in 46''^^ Division of Machilipatnam Municipal Corporation vide Agreement No.98/GGMP/2023-24„ Dt. 27.01.2024, 6)Providing CC road from 9/182 to Marnath mandir house D.No.20/516-lb in 9th ward vide Agreement No. 115/GGMP/2023-24, Dt. 08.02.2024 and and 7) Providing CC road from EP No: 9/180 to Do.No: 20/530-1, Beside Apartment near KVR Park in Division No: 9 vide Agreement N0.113/GGMP/2023-24, Dt. 08.02.2024 (M Book Nos:205/2022-2023 14/2022-2023, 147/2022-2023, respectively)” with an interest @24% per annum for the delayed amount to the petitioner, pending disposal of the Writ Petition. 155/2022-2023, 156/2022-2023, 223/2022-2023 and 225/2022-2023 r Counsel for the Petitioner: SR! SURESH KUMAR REDDY KALAVA Counsel for the Respondent Nos.1 & 2: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.3 & 4: SRI A. S. C. BOSE, SC FOR MUNICIPAL CORPORATIONS Counsel for the Respondent No.5:GP FOR FINANCE AND PLANNING The Court made the following order: r APHC010531512024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27882/2024 Between: 1.TALLAGANTI RAMESH BABU, S/0 YESURATNAM, AGED ABOUT 45 R/0 D.NO. 30/691, CHINA YEARS, OCC CONTRACTOR, ULLINGIPALEM, MACHILIPATNAM, KRISHNA DISTRICT ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPT. SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, KRISHNA DISTRICT AT MACHILIPATNAM 3.THE MACHILIPATNAM MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER, MACHILIPATNAM, KRISHNA DISTRICT 4.THE MUNICIPAL ENGINEER, MACHILIPATNAM MUNICIPAL CORPORATION, MACHILIPATNAM, KRISHNA DISTRICT 5.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL AND PLANNING, SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DEPARTMENT OF FINANCE DISTRICT. ...RESPONDENT(S): 2 Counsel for the Petitioner: 1.SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1.A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2.GP MUNCIPAL ADMN AND URBAN DEV AP 3.GP FOR FINANCE PLANNING The Court made the following: 3 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 2. completed the works of 1) Providing CC Road from Noble road EP No. 8/322 to cross road in Division of Machilipatnam Municipal Corporation vide Agreement No. 1 10/GGMP/2023-24, Dt. 08.02.2024, 2) Providing CC road from Raka Krishna gari House to E P No.36/175, E P No. 36/197 to E P No. 36/200 in rajupet. Division No.36 of Machilipatnam Municipal Corporation vide Agreement No. 88/GGMP/2023-24, Dt. 16.12.2023, 3) Construction of CC Drain from E P No. 36/134 to E P No. 36/139, E P No. 36/84 to E P No.36/124, E P No. 36/7 to E P No.36/10 in Division No. 36 of Machilipatnam Municipal Corporation vide Agreement No.87/GGMP/2023-24, Dt. 16.12.2023 4) Providing CC road, drain from Lakshmanarao house D.No. 30/178-7 to EP No 19/134 and approaches to Masjid road, Ajay gari house D.No. 30/178-A in Division No. 19 vide Agreement No. 29/GGMP/2023-24, Dt. 18.08.2023, 5) Providing CC road at ram Nagar and Ashok nagar in 46th Division of Machilipatnam Municipal Corporation vide Agreement No.98/GGMP/2023-24, Dt. 27.01.2024, 6) Providing CC road from 9/182 to Marnath mandir house •I D.No.20/516-lb in 9th ward vide Agreement NO.115/GGMP/2023-24, Dt. 08.02.2024 and 7) Providing CC road from EP No. 9/180 to Do.No. 20/530-1, Beside Apartment near KVR Park in Division No.9 vide Agreement No. 4 113/GGMP/2023-24, Dt. 08.02.2024 (M Book Nos. 205/2022-2023, 155/2022- 2023, 156/2022-2023, ^ 412022-2023, 14712022-2023, 22312022-2023 and 225/2022-2023 respectively), entrusted by the respondent Nos.3 4 corporation, and submitted the final bills. and 3. It is submitted that a total amount of Rs. 34,88,898/- is due and payable by the respondent Nos.3 and 4 corporation to the petitioner on account of the completion of the aforesaid works. However, the said amount has not been paid. 4. 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. 5. 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/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development dept.. State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Krishna District at Machilipatnam 3. The Commissioner, Machilipatnam Machilipatnam, Krishna District Municipal Corporation r 4. The Municipal Engineer, Machilipatnam Municipal Corporation, Machilipatnam, Krishna District 5. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 6. One CC to Sri Suresh Kumar Reddy Kalava, Advocate [OPUC] 7. One CC to Sri A.S.C Bose (SC for Municipal Corporations) [OPUC] 8. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 10. Two CD Copies. ssb HIGH COURT ( 1 DATED: 18/07/2025 ORDER WP No.27882 OF 2024 ^ 3 0 JUL 2025 Jg] ^^tVCjnTMl s«ciiai^>y DISPOSING OF THE W.P. WITHOUT COSTS