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2025 DAILYLAW 35226 (AP)

CHINTAPALLI VENKATESWARA RAO v. THE STATE OF AP

WP/29037/2024 · 2025-08-06

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

t ft APHC010555332024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29037 OF 2024 Between: Chintapalli Venkateswara Rao, S/o Satyanarayana, Aged about 41 years R/o Flat No. 101, Nirmala Nivasan, Vidya Nagar, Guntur. ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Municipal Administration Department, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Represented by its Principal Secretary, Department of Finance and Planning, A.P Secretariat buildings, Velagapudi, Guntur District. 3. The Andhra Pradesh Comprehensive Financial Management System CFMS, 6''^ floor, C block, Anjaneya Towers, Ibrahimpatnam, Krishna District, Rep. By its Chairman. 4. The Commissioner and Director of Municipal Administration, Andhra Pradesh at Tadepalli, Guntur District. 5. The Directorate of Works and Accounts, floor, C block, Anjaneya Towers, Ibrahimpatnam, Krishna District. Rep. by its Director of Works and Accounts 6. Pay and Accounts Officer, Works and Accounts, Guntur. 7. The District Treasury Officer, Guntur district. A.P Secretariat buildings 8. The Guntur Municipal Corporation, Rep. By its Commissioner Corporationoffice, Guntur > ...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 or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not paying the admitted due amount of Rs.4,32,682/- (Rupees Four Lakhs Thirty Two Thousand Six Hundred and Eighty Two Only) and Rs.4,78,345/- (Rupees Four Lakhs Seventy Eight Thousand Three Hundred and Forty Five Only), in total Rs.9,11,027/- (Rupees Nine Lakhs Eleven Thousand and Twenty Seven Only) payable to me in relation to work executed for 8th Respondent by the petitioner, namely 1) GMC - Providing WET MIX BASE road at Mahaprastam Main Read in Division No. 32 of Guntur Municipal Corporation and 2) providing of GSB Base Roads to Mother Therisa Colony Main Road and Cross Road in (Reddypalem) Div. No. 62 in A.E. 9 Section despite finalizing the bill, as illegal, arbitrary, unconstitutional and consequently direct the respondents herein to immediately pay the total due amount of Rs.9,11,027/- (Rupees Nine Lakhs Eleven Thousand and Twenty Seven Only) payable to petitioner in relation to above work executed for 8*'^ Respondent under the said agreements with an interest @ 12% per annum. 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 herein to release the due amount of Rs.4,32,682/- (Rupees Four Lakhs Thirty Two Thousand Six Hundred and Eighty Two Only) and Rs.4,78,345/- (Rupees Four Lakhs Seventy Eight Thousand Three Hundred and Forty Five Only), in total Rs.9,11,027/- (Rupees Nine Lakhs Eleven Thousand and Twenty Seven Only) payable to me in relation to work executed for 8th by the petitioner, namely Respondent “1) GMC - Providing Division No. 32 of WET MIX BASE road at Mahaprastam Main Road in Guntur Municipal Corporation and 2) providing of GSB Base Roads to Mother Therisa Colony Main Road and Cross Road in (Reddypalem) Div. No. 62 in under Two separate Agreements i.e., 1) 284/2019-20 dated A.E. 9 Section 11-11-2019 and 2) 347/2019-20, date 03-12-2019 within a stipulated time frame. Counsel for the Petitioner: SRI RAJA SEKHAR DANDLAMUDI Counsel for the Respondent Nos.1 & 4: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Respondent Nos.2,3,5,6, & 7;GP FOR FINANCE AND PLANNING No.8;SRI A.S.C.BOSE, SC FOR MUNICIPAL CORPORATIONS Counsel for the Counsel for the Respondent The Court made the following order; APHC010555332024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29037/2024 Between: 1.CH1NTAPALLI VENKATESWARA RAO, S/O SATYANARAYANA, AGED ABOUT 41 YEARS, R/0 FLAT NO. 101, NIRMALA NIVASAN, VIDYA NAGAR, GUNTUR. ...PETITIONER AND 1.THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL MUNICIPAL ADMINISTRATION DEPARTMENT, A.P SECRETARY SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, 2 REPRESENTED BY ITS PRINCIPAL SECRETARY, PLANNING GUNTUR DISTRICT. DEPARTMENT OF FINANCE AND VELAGAPUDI, A.P SECRETARIAT BUILDINGS, COMPREHENSIVE FINANCIAL 3.THE ANDHRA PRADESH MANAGEMENT SYSTEM CFMS, 6TH FLOOR, C BLOCK, ANJANEYA IBRAHIMPATNAM, KRISHNA DISTRICT, REP. BY ITS TOWERS, CHAIRMAN. DIRECTOR OF MUNICIPAL ANDHRA PRADESH AT TADEPALLI, GUNTUR 4.THE COMMISSIONER AND ADMINISTRATIO, DISTRICT. 5 THE DIRECTORATE OF WORKS AND ACCOUNTS, 3RD FLOOR, C IBRAHIMPATNAM, KRISHNA BLOCK, ANJANEYA TOWERS, REP. BY ITS DIRECTOR OF WORKS AND ACCOUNTS DISTRICT. 6. PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS, GUNTUR. 7.THE DISTRICT TREASURY OFFICER, GUNTUR DISTRICT. 8.THE GUNTUR MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, CORPORATION OFFICE, GUNTUR ...RESPONDENT(S): Counsel for the Petitioner; 1. RAJA SEKHAR DANDLAMUDI Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING The Court made the following; THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29037 of 2024 ORDER: 1. Heard learned counsel for petitioner and learned Standing Counsel for respondent No.8. 2. Learned counsel for petitioner submits that the petitioner was entrusted the work of execution of civil work and two agreements were entered on 11.11.2019 and 03.12.2019 and thereafter, the petitioner completedthe work. 3. Thereafter, Respondent No.8 issued final certificate and also a check slip for release of payments after conducting quality inspection but the bill was not uploaded in the CFMS portal though necessary clearances for release of payments were obtained from respondent No.8. 4. It is also submitted that the defect liability period was also over. However, the payments were not released. 5. In view of the above, there shall be a direction to respondent Nos.2 and 8 to verify and release the payments due payable to the petitioner within a period of six weeks from the date of this order. 6. Accordingly, this Writ Petition is disposed of. No costs. As a sequel, miscellaneous applications, pending, if any, shall stand closed. Sd/- G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration Department, State of Andhra Pradesh, A.P Secretariat buildings, Velagapudi, Guntur District. Department of Finance and Planning. State of 2. The Principal Secretary Andhra Pradesh, A.P Secretariat buildings, Velagapudi, Guntur District Andhra Pradesh Comprehensive Financial Management 3. The Chairman System Krishna District. 4. The Commissioner Pradesh at Tadepalli, Guntur District. 5. The Director of Works and Accounts, Directorate of Works and floor, C block, Anjaneya Towers, Ibrahimpatnam, Krishna CFMS, 6'*^ floor, C block, Anjaneya Towers, Ibrahimpatnam, and Director of Municipal Administration, Andhra rd Accounts, 3 District. 6. The Pay and Accounts Officer, Works and Accounts, Guntur 7. The District Treasury Officer, Guntur district. Guntur Municipal Corporation, Corporation 8. The Commis office, Guntur 9. One CC to Sri Raja Sekhar Dandlamudi, Advocate [OPUC] 10. One CC to Sri A.S.C. Bose, SC for Municipal Corporations[OPUC] CCs to GP for Municipal Administration and Urban Development sioner, 11. Two High Court of Andhra Pradesh. [OUT] GP for Finance and Planning, High Court of Andhra 12. Two CCs to Pradesh [OUT] 13. Two CD Copies. ssb HIGH COURT DATED:07/08/2025 ORDER WP No. 29037 OF 2024 • I SEP 2025 ll', O DISPOSING OF THE W.P. WITHOUT COSTS