SRI VENKATESWARA VADDERA COOLIE SANGAM v. THE STATE OF ANDHRA PRADESH
WP/1322/2025 · 2025-03-21
Nyapathy Vijay
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3602 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3602 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
• * IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 1322 OF 2025 ■<) Between: M/s. Sri Venkateswara Vaddera Coolie Sangam, Rep. by its President V. Srinivas, S/o. Rama Krishna, Aged 46 Years, R/o. D.No. 12-85-1, Nehru Nagar, Bit-1, Venkatapuram Panchayathi, Eluru, Eluru District. ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buildings, at Velagapudi, Amaravathi. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, A.P. Secretariat Building, Velagapudi, Amaravathi. 3. The District Collector, Eluru, Eluru District. 4. The Eluru Municipal Corporation, Rep by its Commissioner, Eluru, Eluru District. 5. The Superintendent Engineer, Public Health Division, Rajmundary, East Godavari District. 6. The Executive Engineer, Public Health Division, Eluru, Eluru District. 7. The Deputy Executive Engineer, Public Health Division, Eluru, Eluru 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 an appropriate writ, order or direction more particularly in the nature of Writ of Mandamus declaring the action of the one
respondents in not releasing the payments for petitioner for providing the Multipurpose hall 49th Division at Eluru Municipal Corporation building for Joint Collector(V,WS and through the Agreement No. 32 2023-2024 dated.4,3.2024 for Rs.6,12,013/- is illegal, arbitrary and contrary to law and violation of Article 14 of Constitution the works executed by the (Koppula Vellama Area) in residence cum Camp Office D) in Eluru, West Godavari District an amount of and un constitution of India and consequently direct the respondent authorities to release an amount of Rs.6,12.013/-.with 18% Per annum to the petitioner im respect of the execution of aforementioned work forthwith.
lA NO: 1 OF 900^ Petition under Section 151 CPC stated in the affidavit filed i pleased to direct the praying that in the circumstances in support of the petition, the High Court may be an amount of for the works executed by the petitioner j Area) in 49*^ Division at Eluru residence cum Camp Office building CollectorfV.WS and D) in Eluru, West Godavari District Agreement No. 32 2023-2024 dated respondent authorities to release Rs.6,12,013/-.with interest at 18% for Multipurpose hall (Koppula Vellama Municipal Corporation for Joint through the
4.3.2024. Counsel for the Petitioner: SMT. MARELLA RADHA Counsel for the Respondent Nos.1,3, 5 to 7: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT ounsel for the Respondent No.2: GP FOR FINANCE AND PLANNING unsel for the Respondent No.4: SRI A.S.C. BOSE, SC FOR MUNICIPAL CORPORATIONS The Court made the following: ORDER
r APHC010019442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY .THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 1322/2025 Between: Sri Venkateswara Vaddera Coolie Sangam ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.MARELLARADHA Counsel for the'Respondent(S):
1.. 2.GP MUNCIPAL ADMN AND URBAN DEV AP 3.GP FOR FINANCE PLANNING The Court made the following:
r HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.1322 of 2025
ORDER:- This writ petition is filed for non-payment of part bill amount of Rs.6,12,013/- due to the Petitioner for the works done vide Agreement No.32/2023-2024 dated 04.03.2024 i.e. construction of Multipurpose Hall (Koppula Velama Area) 49*^ Division at Eluru Municipal Corporation. The Petitioner submitted that in spite of repeated requests, the amount due to the Petitioner is not paid. 2. Learned Assistant Government Pleader for the Respondents passed on the written instructions issued by the Executive Engineer, Public Health Division, Eluru, wherein it was mentioned that the work pertain to MPLAD Grant for the year 2023-24 for construction of Multipurpose Hall (Koppula Velama Area) 49**^ Division at Eluru Municipal Corporation and tenders were called through e-procurement and tender was awarded to the Petitioner for an amount of Rs. 15,14,781/- vide EE(PH) Eluru EE (PH) LS Agt. No.32/2023-24 dated 04.05.2024. While the work was being undertaken, W.P.No.7594 of 2024 was filed
V \ before this Court and an interim order was proceedings pursuant to the passed staying all resolution No. 18 dated further 06.03.2024, pending further orders this Court, the further In view of the interim order of execution of the work could not be was admitted that 40% of the proceeded, but it work was mentioned in the written submitted first and part bill for executed work and sought for release completed as on today. It was instructions that the Petitioner had Rs.6,12,013/- for the of payment. 3. As the execution of work to the extent of 40% and the - is admitted, the Petitioner proceeding with further work in view of the interim order of this Court in WP.No.7594 of 2024. submission of bill for Rs.6,12,013/ cannot be faulted with
4. This Court, therefore, is of the opinion that the writ is disposed of by following direction; (i) The Respondent-authorities petition are directed to consider the bill submitted by the Petitioner for Rs.6,12,013/- for release within a period of three months from today. No order as to costs. /■ 3 %■ ¥ As a sequel, pending applications, if any, shall stand closed. Sd/- M. SRINIVAS assistant registrar //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Municipal Administration and Urban Development Department, State of Andhra Pradesh, Secretariat Buildings,at Velagapudi, Amaravathi. 2. The Principal Secretary, Finance Department, State of Andhra Pradesh, A.P. Secretariat Building, Velagapudi,Amaravathi. 3. The District Collector, Eluru, Eluru District. 4.
The Commissioner, Eluru Municipal Corporation, Eluru, Eluru District. 5. The Superintendent Engineer, Public Health Division, Rajmundary, East Godavari District. 6. The Executive Engineer, Public Health Division, Eluru, Eluru District. 7. The Deputy Executive Engineer, Public Health Division, Eluru, Eluru District. 8. One CC to Smt. Marella Radha, Advocate [OPUC]
9. One CC to Sri A.S.C. Bose, SC for Municipal Corporations[OPUC]
10. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT]
11. Two CC’s to GP for Finance and Planning, High Court of Andhra Pradesh[OUT]
12. Three CD Copies. ssb
HIGH COURT DATED:21/03/2025
ORDER WP.No.1322 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS