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2025 DAILYLAW 35545 (AP)

V V SAMBASIVA SRI KRISHNA v. THE STATE OF ANDHRA PRADESH

WP/29714/2024 · 2025-08-29

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010568082024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] SATURDAY,THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29714/2024 Between: 1. 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, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE ENGINEERINCHIEF, 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, 5TH LANE, GUNTUR DISTRICT. 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 KANIGIRI MUNICIPALITY, REP.BY ITS COMMISSIONER, KANIGIRI, PRAKASAM DISTRICT. 12. THE SENIOR ACCOUNTS OFFICER, KANIGIRI MUNICIPALITY, KANIGIRI, PRAKASAM DISTRICT. 13. THE SENIOR ASSISTANT OFFICER, KANIGIRI MUNICIPALITY, 2 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. 32,85,282/- (Rupees Thirty-Two Lakhs Eighty-Five Thousand Two Hundred and Eighty-Two 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. 32,85,282/- (Rupees Thirty-Two Lakhs Eighty-Five Thousand Two Hundred and Eighty-Two Only) payable to the petitioner for the works executed by the petitioner and pass IA 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 pleased to direct the respondents to consider the representation of the petitioner, dated 23/10/2024, for releasing the amounts payable to the petitioner, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. BANDLA PAVAN Counsel for the Respondent(S): 1. GP FOR PUBLIC HEALTH 2. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 3. GP FOR PUBLIC HEALTH 4. GP FOR FINANCE PLANNING 5. GP MUNCIPAL ADMN AND URBAN DEV AP 6. GP FOR FINANCE PLANNING The Court made the following: 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29714/2024 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 entered into agreement with the 11th respondent for supply of drinking water as per the works entrusted 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 as per the works entrusted. 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. ____________________ JUSTICE HARINATH.N Dated 30.08.2025 KGM 4 81 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29714/2024 Dated 30.08.2025 KGM