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2025 DAILYLAW 35161 (AP)

ANNE RAMA KRISHNA v. THE STATE OF AP

WP/28962/2024 · 2025-08-03

Harinath N

body2025

Judgment text

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APHC010553412024 IN THE HIGH COURT OF ANDHRA PRADEShT AT AMARAVATI (Special Original Jurisdiction) Bs'H MONDAY, THE FOURTH DAY OF AUGUST^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N^ WRIT PETITION NO: 28962 OF 2024^ Between: Anne Rama Krishna, S/o. Venakatarao, Aged about 50 Contractor, D.No. Plot No.9, Sari Srinivasa Nagar, Kesarapalii, Gannavaram. years, Occ. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Municipal Administration Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Vijayawada Municipal Corporation, Rep. by its Commissioner, Vijayawada, Krishna District. 3. The Executive Engineer III, O/o. Municipal Corporation, Vijayawada. 4. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning Velagapudi, Amaravathi, Guntur District. and Urban Development, 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 pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of 1st and final bill an amount of Gross Rs. 15,26,339/- and net amount is Rs. 13,55,465/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., Providing CC Road to near Sai Mess Cross Roads and Mahalaxmi towers beside road at Sachivalayam \ (MAUD-10733-20731) 12 in 3rd Division. No.EE/GGMP/36/2022-23, vide Agreement Dt.07.01.2023 is questioned, as the same is iiiegal, arbitrary and consequently direct the respondents to consider for payment of 1st and final Of Gross Rs. 15,26,339/- and „ 'j bill an amount net amount is Rs. 13,55,465/- with interest @12% per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith. lA NO: 1 OF 2074 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fiied in support of the petition, the High Court may be pleased to direct the respondents to consider for payment of Ht of Gross Rs. 15,26,339/- and net @12% per annum for the delayed and final bill an amount amount is Rs. 13,55,465/- with interest amount to the petitioner in respect of execution of work i.e.. Providing CC Road to near Sai Mess Cross Roads and Mahalaxmi towers beside road at Sachivalayam 12 in 3rd Division. (MAUD- 10733-20731)”, vide Agreement No.EE/GGMP/36/2022-23, Dt.07.01.2023 forthwith, pending disposal of the Writ Petition. ^ Counsel for the Petitioner: SRi SURESH KUMAR Counsel for the Respondent No.1: GP FOR MUNCIPAL URBAN DEV Counsel for the Respondent No.4: GP FOR FINANCE Counsel for the Respondent Nos. 2 & 3: SRI S.V.S.S.SIVARAM (SC FOR VMC) REDDYKALAVAx- ADMN AND- & PLANNING The Court made the following order: / APHC010553412024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Junsdiction) [3457] MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28962/2024 Between: 1.ANNE RAMA KRISHNA. S/0. VENAKATARAO, AGED ABOUT 50 YEARS, OCC. CONTRACTOR, D.NO. PLOT N0.9, SARI SRINIVASA NAGAR. KESARAPALII, GANNAVARAM. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, AND URBAN VELAGAPUDI, DEPARTMENT OF MUNICIPAL ADMINISTRATION DEVELOPMENT, AMARAVATHI, GUNTUR DISTRICT. SECRETARIAT BUILDINGS 2.THE VIJAYAWADA MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, VIJAYAWADA, KRISHNA DISTRICT. 3.THE EXECUTIVE ENGINEER III, 0/0. MUNICIPAL CORPORATION VIJAYAWADA. 4.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. DEPARTMENT OF FINANCE AND PLANNING ...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 tomay be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in 2 withholding the payment of 1st and final 15,26,339/- and net amount is Rs.l3,55,465/- even after finalizing the bills, payable to the petitioner in relation to the work i.e.. Providing CC Road to near Sai Mess Cross Roads and Mahaiaxmi towers beside road at Sachivalayam 12 in 3rd Division. (MAUD-10733-20731) vide Agreement No.EE/GGMP/36/2022-23, Dt.07.01.2023 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of Dt and final bill an amount of Gross Rs. 15,26,339/- and net amount is Rs. 13,55,465/- with interest @12 percent per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith and pass lA NO: 1 OF 2024 bill an amount of Gross Rs. 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 please to direct the respondents to consider for payment of Ht and final bill an amount of Gross Rs. 15,26,339/- and net amount is Rs. 13,55,465/- with interest @12 percent per annum for the delayed amount to the petitioner in respect of execution of work i.e.. Providing CC Road to near Sai Mess Cross Roads and Mahalaxmi towers beside road at Sachivalayam 12 in 3rd Division. (MAUD-10733-20731) vide Agreement No.EE/GGMP/36/2022-2 3, Dt.07.01.2023 forthwith, pending disposal of the Writ Petition and pass 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 4.S.V.S.S.SIVARAM SC For VMC 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. 2. Learned counsel for the petitioner submits that the petitioner has completed the work under Agreement No. EE/GGMP/36/2022-23, dated 07.01.2023 entrusted by the respondent-corporation, and has submitted the final bills. It is submitted that a 1®* and final bill for an amount of Rs. 15,26,339/- and a net amount of Rs. 13,55,465/- is due and payable by the respondent-Corporation to the petitioner on account of the completion of the aforesaid work. However, the said amount has not been paid. 3. 4. Considering the submissions,, there shall be a direction to the respondent Nos.2 to 4 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/- fVi. RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SEG OFFICER To, 1. The Principal Secretary, Department of Municipal Administration Urban Development, Secretariat Buildings, Velagapudi Guntur District. 2. The Commissioner, Vijayawada Municipai Corporation, Vijayawada^ Krishna District. and , Amaravathi;" 3. The Executive Engineer Mi, O/o. Municipal Corporation 4. The Principai Secretary, Department Vijayawada, of Finance and PlanniptT Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 5. One CC to Sri Suresh Kumar Reddy Kalava Advocate [OPUC] 6. One CC to Sri A S C Bose (SC FOR Municipal Advocate [OPUC] Corporations AP) 7. Two CCs to GP for Muncipal Admn Andhra Pradesh [OUT] 8. Two CCs to GP FOR Finance Planning High Court of Andhra Pradesh [OUT] 9. One CC to Sri S.V.S.S. Sivaram SC For VMC Advocate 10. Two CD Copies and Urban Dev, High Court of [OPUC] TF HIGH COURT DATED:04/08/2025 ORDER WP NO. 28962 OF 2024 1 9 AUG 2025 Jg] Sectigpx^y o DISPOSING OF THE W.P., WITHOUT COSTS