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High Court of Andhra Pradesh · body

2025 DAILYLAW 35038 (AP)

V. V. Sambasiva Sri Krishna v. THE STATE OF ANDHRA PRADESH

WP/28706/2024 · 2025-08-27

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

\ I k APHC0t0549872024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI j (Special Original Jurisdiction) THURSDAY,THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28706 OF 2024 Between: V. V. Sambasiva Sri Krishna, S/o. Satyanarayana, aged 47 years,R/o. Neredupalli Village, P. C. Palli (M), Prakasam District-523117. ...Petitioner AND 1. The State Of Andhra Pradesh, Rep by its Principal Secretary, Municipal Administration and Urban Development Department Velagapudi, Amaravathi, Guntur District. Secretariat, 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Velagapudi, Amaravathi, Guntur District. Secretariat Buildings, 3. The EngineerinChief, Public Health Department Tadepalli, Guntur District. 4. The Commissioner, Garuda Enclave, Commissioner and Director of Muncipal Administration, Prime Hill Crest, Near DGP Office, Beside Ultra Tech Readymix Plant, Vaddeswaram Village, Mangalagiri, Guntur District 5. The Regional Director, Municipal Administration Development Department, Padmini Enclave, 4/7 Annapurna Nagar, 6. The Collector and District Magistrate, Ongole, Prakasam District. 7. The Chief Planning Officer, Ongole, Prakasam District and Urban 8. The Superintending Engineer, Public Health Circle Office, Nellore, Nellore District. 9. The Executive Engineer, Public Health Division, Ongole, Prakasam District. f The Deputy Executive Engineer, Public Health Sub-Division, Kanigiri, Prakasam District. The Commissioner, Kanigiri Municipality, Kanigiri, Prakasam 10. 11. District. Kanigiri, The Senior Accounts Officer, Kanigiri Municipality, Prakasam District. The Senior Assistant Officer, Kanigiri Municipality, Prakasam District. The Assistant Engineer, Kanigiri Municipality, Kanigiri, Prakasam 12. Kanigiri 13. 14. District. The Pay and Accounts Officer, Department of Works and Accounts, NSP Pellun/Colony, Near Nagarjuna University, Ongole, Prakasam District. / 15. ...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 a writ order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in withholding the payments of Rs. 30,13,810/- (Rupees Thirty Lakhs Thirteen Thousand Eight Hundred and Ten Only) for the works executed by the petitioner 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. 30,13,810/- (Rupees Thirty Lakhs Thirteen Thousand Eight Hundred and Ten Only) payable to the petitioner for the works executed by the petitioner. I 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 the representation of the petitioner, dated 21/10/2024, for releasing the amounts payable to the petitioner, pending disposal of the writ petition. Counselfor the Petitioner:SRI BANDLAPAVAN Counsel for the Respondent Nos.1,5,6: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondents: SRI SIREESHA RANI VALLABHANENI, Standing Counsel For Municipalities Counsel for the Respondent Nos.3,4,8,9,10: GP FOR MEDICAL HEALTH FW Counsel for the Respondent Nos.2,7,15: GP FOR FINANCE PLANNING Counsel for the Respondents: GP FOR FINANCE PLANNING The Court made the following order: APHC010549872024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28706/2024 Between: 1.V. V. SAMBASIVA SRI KRISHNA, S/0. SATYANARAYANA, AGED 47 YEARS,R/0. NEREDUPALLI VILLAGE, P. C. PALLI (M), PRAKASAM DISTRICT-523117. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL MUNICIPAL ADMINISTRATION AND URBAN SECRETARIAT, VELAGAPUDI, SECRETARY, DEVELOPMENT DEPARTMENT, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 3. THE ENGINEERINCHIEF, PUBLIC HEALTH GARUDA ENCLAVE, TADEPALLI, GUNTUR DISTRICT. 4. THE COMMISSIONER, COMMISSIONER AND DIRECTOR OF MUNCIPAL ADMINISTRATION, PRIME HILL CREST, NEAR DGP OFFICE, BESIDE ULTRA TECH VADDESWARAM VILLAGE, MANGALAGIRI, GUNTUR DISTRICT 5 -p|_|E REGIONAL DIRECTOR, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, PADMINI ENCLAVE, 4/7 ANNAPURNA NAGAR, PLANNING, AMARAVATHI DEPARTMENT, READYMIX PLANT, 2 6. THE COLLECTOR AND DISTRICT MAGISTRATE, ONGOLE, PRAKASAM DISTRICT. 7. THE CHIEF PLANNING OFFICER, ONGOLE, PRAKASAM DISTRICT 8. THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE OFFICE, NELLORE, NELLORE DISTRICT. THE EXECUTIVE ENGINEER, PUBLIC HEALTH DIVISION ONGOLE, PRAKASAM DISTRICT. 9. 10.THE DEPUTY EXECUTIVE ENGINEER, PUBLIC HEALTH SUB DIVISION, KANIGIRI, PRAKASAM DISTRICT. 11.THE COMMISSIONER, KANIGIRI MUNICIPALITY, PRAKASAM DISTRICT. KANIGIRI 12.THE SENIOR ACCOUNTS OFFICER, KANIGIRI MUNICIPALITY, KANIGIRI, PRAKASAM DISTRICT. 13.THE SENIOR ASSISTANT OFFICER, KANIGIRI MUNICIPALITY KANIGIRI, PRAKASAM DISTRICT. 14.THE ASSISTANT ENGINEER, KANIGIRI MUNICIPALITY, KANIGIRI, PRAKASAM DISTRICT. 15.THE PAY AND ACCOUNTS OFFICER, DEPARTMENT OF WORKS AND ACCOUNTS, NSP PELLURU COLONY, NEAR NAGARJUNA UNIVERSITY, ONGOLE, PRAKASAM 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 a writ order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in withholding the payments of Rs. 30,13,810/- (Rupees Thirty Lakhs Thirteen Thousand Eight Hundred and Ten Only) for the works executed by the petitioner 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. 30,13,810/- (Rupees Thirty Lakhs Thirteen Thousand Eight Hundred and Ten Only) payable to the petitioner for the works executed by the petitioner and pass lA NO: 1 OF 2024 3 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 to direct the respondents to consider the petitioner, dated 21/10/2024, for releasing the amounts payable to the petitioner, pending disposal of the writ petition and Counsel for the Petitioner: 1.BANDLA PAVAN Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 3. GP FOR MEDICAL HEALTH FW 4.GP FOR FINANCE PLANNING 5.GP FOR FINANCE PLANNING The Court made the following: representation of the / pass 4 Order:- Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development, the learned Assistant Government Pleader for Finance & Planning, and the learned Standing Counsel for the Municipality. 2. The learned counsel for the petitioner submits that the petitioner supplied drinking water as per the agreements and subsequently submitted the relevant bills, which were duly approved. It is further submitted that, though the bills were approved, the amounts have not been released. 3. The respondents have also not disputed the fact that the petitioner supplied drinking water in accordance with the agreements. 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 of. There shall be no order as to costs. 6. Pending miscellaneous petitions, if any, shall stand closed. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR // se //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The Engineer in Chief, Public Health Department, Garuda Enclave, Tadepalli, Guntur District. 4. The Commissioner, Commissioner and Director of Muncipal Administration, Prime Hill Crest, Near DGP Office, Beside Ultra Tech Readymix Plant, Vaddeswaram Village, Mangalagiri, Guntur District 5. The Regional Director, Municipal Administration and Urban Development Department, Padmini Enclave, 4/7 Annapurna Nagar, 6. The Collector and District Magistrate, Ongole, Prakasam District. 7. The Chief Planning Officer, Ongole, Prakasam District 8. The Superintending Engineer, Public Health Circle Office, Nellore, Nellore District. 9. The Executive Engineer, Public Health Division, Ongole, Prakasam District. 10. The Deputy Executive Engineer, Public Health Sub-Division, Kanigiri, Prakasam District. 11. The Commissioner, Kanigiri Municipality, Kanigiri, Prakasam District. 12. The Senior Accounts Officer, Kanigiri Municipality, Kanigiri, Prakasam District. 13. The Senior Assistant Officer, Kanigiri Municipality, Kanigiri, Prakasam District. 14. The Assistant Engineer, Kanigiri Municipality, Kanigiri, Prakasam District. 15. The Pay and Accounts Officer, Department of Works and Accounts, NSP Pelluru Colony, Near Nagarjuna University, Ongole, Prakasam District. 16. One CC to SRI. BANDLA PAVAN Advocate [OPUC] 17. Two CCs to GP FOR MUNCIPAL ADMN URBAN DEV High Court of Andhra Pradesh [OUT] f / / ’ M/s. Sireesha Rani Vallabhaneni,Standing Counsel 18. One CC to For Municipalities Advocate [OPUC] Two CCS to GP FOR MEDICAL HEALTH FW High Court of / 19. Andhra Pradesh [OUT] 20. Two CCs to Andhra Pradesh [OUT] 21. Two CD Copies. GP FOR FINANCE PLANNING High Court of AL s .■ 4 . ;• A HIGH COURT DATED:28/08/2025 PRDER WP NO. 28706 OF 2024 5 15SEP20?5 . Cunwit saoion ^ DISPOSING OF THE W.P. WITHOUT COSTS