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APHC010568052024 IN THE HIGH COURT OF ANDHRA PRADESJ^SS AT AMARAVATI (Special Original Jurisdiction) SATURDAY,THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29671 OF 2024 \ - Between: Mamidala Bhaskar, S/o. Venkaiah Aged 55 years, R/o. Patha Kuchipudipalli, 5th Ward, Pamur Road, Kanigiri, Prakasam District. ...Petitioner AND
1. The State Of Andhra Pradesh, Rep Municipal Administration by its Principal Secretary, and Urban Development Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The State Of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance & Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The Engineer in Chief, Public Health Department, Tadepalli, Guntur District. 4. The Commissioner, Commissioner Garuda Enclave, and Director of Muncipal Administration, Prime Hill Crest, Near DGP Office, Beside Ultra Tech Ready mix Plant, Vaddeswaram Village, Mangalagiri, Guntur District. 5. The Regional Director, Municipal Administration 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. and Urban
If
8. The Superintending Engineer, Public Health Circle Office Nellore District. ff g The Executive Engineer, Public Health Division District. Nellore, .(f- / Ongole, Prakasam
10. The Deputy ^ Executive Engineer, Public Health Sub-Division, Kanigiri, Prakasam District. 11. The Kanigiri Municipality, Rep by its Commissioner Kanigiri, Prakasam District. The Senior Accounts Officer, Kanigiri Municipality, Prakasam District. The Senior Assistant Officer, Kanigiri Municipality, Prakasam District. The Assistant Engineer, Kanigiri Municipality, Kanigiri, Prakasam
11. 12. Kanigiri,
13. Kanigiri
14. District. 15. The Pay and Accounts Officer, Department of Works and Accounts, NSP Pelluru Colony, Near Nagarjuna University, Ongole, Prakasam District. ...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 payment of Rs.24,48,294/- (Rupees Twenty-Four Lakhs Forty-Eight Thousand Two Hundred and Ninety-Four Only), payable to me, for the work Kanigiri municipality - General Funds 2022-23 / Upcoming ASC Grant - Providing Transportation of Drinking water through tankers in various wards of Kanigiri Nagara Panchayat (From Month of August to September 2022) of Kanigiri Municipality of estimate cost Rs.
40.00 lakhs as bad, illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and consequently direct the respondents to pay the amount of Rs.24,48,294/-
(Rupees Twenty-Four Lakhs Forty-Eight Thousand Two Hundred and Ninety- Four Only) for the works executed by the petitioner. 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 Direct the respondents to consider the representation of the petitioner, dated 18/10/2024, for releasing the amounts payable to the petitioner, disposal of the writ petition. Counsel for the Petitioner: SRI BANDLA PAVAN Counsel for the Respondent Nos.1,5,6,4 & 7: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent Nos.3,8,9,10: GP FOR HEALTH Counsel for the Respondent Nos.11 to 14: M/S SIRISHA RANI V SC FOR MUNICIPALITIES Counsel for the Respondent Nos.2 & 15: GP FOR FINANCE PLANNING The Court made the following order: to pending
y. Iff APHC010568052024 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: 29671/2024 Between:
1.MAMIDALA BHASKAR, S/0. VENKAIAH, AGED 55 YEARS, R/0. PATHA KUCHIPUDIPALLI, 5TH WARD, PAMUR ROAD, KANIGIRI, PRAKASAM DISTRICT. ...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 85 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, VADDESWARAMVILLAGE, 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 PRAKASAM DISTRICT. 15.THE PAY AND ACCOUNTS OFFICER, DEPARTMENT AND ACCOUNTS, NSP PELLURU COLONY UNIVERSITY, ONGOLE, PRAKASAM DISTRICT. Petition under Articie 226 of the Constitution of Indi'a^prtying that"!!the circumstances stated in the affidavit fiied therewith, the High Court may be pleased tomay be pleased to issue a writ order or direction, more particularly in the nature of Writ of Mandamus, declaring the action of the responders in withholding the payment of Rs.24,48,294/- (Rupees Twentv- Four Lakhs Forty-Eight Thousand Two Hundred and Ninety-Four Only) payable to me, for the work Kanigiri municipality - General Funds 2022-23 / Upcoming ASC Grant - Providing Transportation of Drinking water through tankers in various wards of Kanigiri Nagara Panchayat (From Month of August to September 2022) of Kanigiri Municipality of estimate cost Rs. 40 00 lakhs as bad, Illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and consequently direct the respondents to pay the Twn^H (Rupees Twenty-Four Lakhs Forty-Eight Thousand Two Hundred and Ninety-Four Only) for the works executed by the petitioner ana pass such lA NO:
1 OF 7(\7S in circumstances stated
1. BANDLA PAVAN Counsel for the Respondent{S):
1. GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR FINANCE PLANNING The Court made the following: KANIGIRI, OF WORKS NEAR NAGARJUNA 1 ' : Vl - one
3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29671/2024
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. The learned counsel for the petitioner submits that the petitioner entered into agreement with the 11respondent 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. The Audit Officer also approved the due amount vide Pre-Audit Remarks RS.22,06,907/- was approved to be paid. The respondents have also not disputed the fact that the petitioner supplied drinking water as per the works entrusted. 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. 2. dated 02.02.2024 vide an amount of
3. 4. Pending miscellaneous petitions, if any, shall stand cbd(^d.
6. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, and Urban
1. The Principal Secretary, Municipal Administration Secretariat, Velagapudi, Amaravathi, Development Department Guntur District. Department of Finance 85 Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary,
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, 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 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. Bandia Pavan, Advocate [OPUC]
17. Two CCs to GP For Muncipal Admn Urban Dev, High Court of Andhra Pradesh [OUT]
18. Two CCs to GP For Finance Planning, Fligh Court of Andhra Pradesh [OUT] Two CCs to GP for Flealth, Ftigh Court of Andhra Pradesh [OUT], One CC to M/S Sirisha Rani V, SC For Municipalities [OPUO. Two CD Copies. 19. 20. 21. AL
HIGH COURT DATED:30/08/2025
ORDER WP NO. 29671 OF 2024 DISPOSING OF THE W.P. WITHOUT COSTS