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2025 DAILYLAW 35080 (AP)

PALADUGU LAKSHMI NARAYANA v. The State of Andhra Pradesh,

WP/28833/2024 · 2025-07-16

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010551722024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF JUIi¥ TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 288.T^ OF 2024 ■ ■in '■ Between: Paladugu Lakshmi Narayana, S/o Veeraiah, 51/A, Flat No. 401, Alapati Nagar, Indus Heights Apartments Tenali, Guntur District, Andhra Pradesh. aged 70 years, R/o. D. No. 32-6- Sultanabad, ...Petitioner AND 1. The State of Andhra Pradesh, Municipal Administration ■’ / Rep. by its Principal Secretary, and Urban Development Department, Secretariat Buildings at Velagapudi, Guntur District 2. The State of Andhra Pradesh Andhra Pradesh. Rep. by its. Principal Secretary, Department of Finance and Planning, Secretariat, Velagapudi, Guntur District, Andhra Pradesh. 3. The District Collector, Bapatia, Bapatia District 4. The Superintending Engineer, Public I Bapatia, Bapatia District, Andhra Pradesh. 5. The Executive Engineer, PH Division, Bapatia, Bapatia District, Andhra Pradesh. 6. The Project Director, Housing Corporation Andhra Pradesh. Andhra Pradesh. Health Quality Control Circle, , Bapatia, Bapatia District, ...Respondents Petition under Article 226 of the Constitution Of India praying that in the the High Court may be more particularly one in the circumstances stated in the affidavit filed therewith, pleased to issue any writ, order or Direction nature of writ of Mandamus declaring the withholding the payment action of the Respondents in of admitted balance of 20% of amount of sixty five thousand and six forty six for completion of the works Rs.24.65,646/- (twenty four lakhs and only) incurred by the Petitioner Navaratnaalu Pedalandariki lllu E.E.(P.H) Agt.No. 16/2021-2022 dated (PH) Q.C.C.GNT.AGT Number.46/2021 under Scheme pursuant to Agreement No’s. 17.06.2021 Package No.1 and SE - 2022 dated 18.06.2021 Package-2 and SE (PH) Q.C.C.GNT.AGT Number.91/2021-2022 dated 28.07.2021 Package-3 entered into with the 4th respondent herein despite lapse of more illegal, arbitrary and contrary to the than 2 years after finalizing the bills principles of natural Justice. , as lA NO: 1 OF 9()7d Petition under Section 151 CPC in the affidavit filed i direct the respondents to Rs.24,65,646/- (twenty four lakhs and si only) incurred by the Petitioner Navaratnaalu Pedalandariki lllu Scheme pursuant to Agreement No's E.E.(P.H) Agt.No. 16/2021-2022 dated 17.06.2021 Package No.1 and SE (PH) Q.C.C.GNT.AGT Number.46/2021-2022 dated 18.06.2021 Package-2 and SE (PH) Q.C.C.GNT.AGT Number Package-3 entered into with the 4th respondent herein above writ petition. Counsel for the Petitioner: SRI RAJA SEKHAR SYKAM Counsel for the Respondent No.6: SRI KALYAN Counsel for the Respondent No.3; GP FOR REVENUE praying that in the circumstances stated in support of the petition, the High Court may be pleased to pay the admitted balance of 20% of amount of sixty five thousand and six forty six for completion of the works under 91/2021-2022 dated 28.07.2021 pending disposal of the CHAKRAVARTHY R Counsel for the Respondent Nos.1, 4 & 5: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No.2: GP FOR FINANCE The Court made the following order: & PLANNING APHC010551722024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28833/2024 [3457] Between: 1.PALADUGU LAKSHMI NARAYANA x/c-Ar^rx VEERAIAH, AGED 70 YEARS, R/0. D. NO. 32-6-51/A, FLAT NO. 401 ALAPATI NAGAR m^VliOT SULTANABAd', TENALI, GUNTUR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND O'" ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND department, secretariat buildings at VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH URBAN ANDHRA PRADESH, REP. BY ITS. PRINCIPAL department of finance and planning P^DESh'^''^^' GUNTUR DISTRICT, ANDHRA 3.THE DISTRICT COLLECTOR ANDHRA PRADESH. ENGINEER, PUBLIC HEALTH QUALITY OIRCLE, BAPATIA, BAPATIA DISTRICT, ANDHRA r KAuESH. 5.THE EXECUTIVE ENGINEER. PH DIVISION DISTRICT, ANDHRA PRADESH. 6. THE PROJECT DIRECTOR, HOUSING CORPORATION BAPATIA DISTRICT, ANDHRA PRADESH. BAPATIA, BAPATIA DISTRICT, BAPATIA, BAPATIA , BAPATIA, ...RESPONDENT(S): 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. The learned counsel for the petitioner submits that the petitioner has completed the works of i.e. under Navaratnaalu Pedalandariki lllu Scheme pursuant to Agreement No. E.E.(P.H) Agt.No. 16/2021-2022, dated 17.06.2021 Package No.1 and SE (PH) Q.C.C.GNT.AGT Number.46/2021 - 2022, dated 18.06.2021 Package-2 and SE (PH) Q.C.C.GNT.AGT Number.91/2021-2022 dated 28.07.2021 Package-3 entered into with the 4th respondent herein despite lapse of more than 2 years after finalizing the bills, entrusted by the respondent-Corporation and submitted the final bills. 2. 3. It is submitted that a total amount of Rs.24,65,646/- is due and payable by the respondent-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 Development Department 2. The Principal Municipal Administration ^ and Urban ecretanat at Velagapudi, Guntur District Secretary, Department of Finance 3 ThT""' District, Andhra 3. The District Collector, 4- The Superintend! and Planning Pradesh. Bapatia, Bapatia District, Andhra Pradesh ng Engineer, Pubiic Health Quality Control Circle Bapatia, Bapatia District 5. The Executive Engineer Pradesh. Andhra Pradesh. PH Division, Bapatia, Bapatia District, Andhra 6- The Project Director, Andhra Pradesh. Housing Corporation, Bapatia, Bapatia District, One CC to Sn Raja Sekhar Sykam, Advocate fOPUCJ 8. One CC to Sri KalyanChakravadhyR, Advocate ■ to GP for Revenue 10. Two CCs to GP [OPUC] High Court of Andhra Pradesh [OUT] for Muncipal Admn and Urban Dev, High Court Andhra Pradesh [OUT] 11. Two CCs to of GP for Finance Planning, High Court of Andhra [OUT] 12. Two CD Copies Pradesh TF HIGH COURT DATED: 17/07/2025 ORDER WP NO. 28833 OF 2024 ^ 0 I AUG 2025 iNCinTentSectio|ixv5^ disposing of the W.P., WITHOUT COSTS