VALLE MADHAVA VENKATA KRISHNA PRASAD v. THE STATE OF ANDHRA PRADESH
WP/1535/2025 · 2025-01-27
V Sujatha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4092 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4092 (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) MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION NO: 1535 OF 2025 Between: Valle Madhava Venkata Krishna Prasad, S/o. Late Valle Lakshmaiah, aged 48 years R/o. 4-149-49, Teachers Colony, Dhone, Kurnool, Andhra Pradesh - 518 222. ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Minorities Welfare (IDM) Department, Velagapudi, Secretariat Buildings, Amaravati Guntur District, Andhra Pradesh. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 3. The Director/Secretary, A.P. State Urdu Academy, Vijayawada, Andhra Pradesh. 4. The Commissioner/Director, Minorities Welfare, Tadepalli, Guntur, Andhra Pradesh. 5. The District Collector, Nandyal, Nandyal District. 6. The Municipal Commissioner, Dhone Municipality, Dhone, Nandyal, Nandyal District (erstwhile Kurnool District). 7. The District Minorities Welfare Officer, Kurnool/Nandyal, Nandyal District (erstwhile Kurnool District). 8. The Municipal Engineer, Dhone Municipality, Dhone, Nandyal, Nandyal District (erstwhile Kurnool District). 9. The Director, Planning (V) Department, Government of Andhra Pradesh, Gollapudi, Vijayawada. 10.The Chief Planning Officer, Nandyal, Nandyal District (erstwhile Kurnool District). 11. Executive Engineer, Public Health, Nandyal Nandyal District (erstwhile Kurnool District. 12.The Section Officer, Minorities Welfare (IDM) Department, Velagapudi, Secretariat Buildings, Amaravati, Guntur District, Andhra Pradesh. 13.The Director of Treasures andAccounts,1®* Floor Nidhi Bhavan, Mangalagiri, Guntur District -522 503. 14.The District Treasury Office, Nandyal, Nandyal District. 15.The Accounts Section Officer, O/o. Commissioner of Minorities Welfare Tadepalli, Guntur, Andhra Pradesh. 16.The Director of Words and Accounts Andhra Pradesh, Vijayawada. 17.The Senior Accountant, O/o. Chief Planning Officer, Kurnool. 18.The Andhra Pradesh Comprehensive Financial Management System (CFMS), Rep. by its Chairman/Chief Executive Officer, Floor, C- Block, Anjaneya Towers, Ibrahimpatnam, NTR 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 direction or order more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent Authorities in not releasing the pending bill to the tune of Rs.
15,38,877/- for settlement of the CC Part and Final Bill in relation to the work executed i.e., Renovation of Shadikhana at Dhone (V and M) Municipality of Nandyal District (erstwhile Kurnool District) pertaining to the Agreement No. 164/2020-21/Grant-ln- Aid/EI, dated.04.05.2021 as well as Supplemental Agreement vide Agreement No. 34/2023-24/E 1/Grant-ln-Aid/2020-21 dated 05.09.2023, thereby not adhering to Proceedings of Re-Release Requests issued by District Minorities Welfare Officer, Kurnool/Nandyal vide File No. MWD- MUS0MSQ(CNS)/14/2020-SUPDT(KRNL )- DMWOKRNL dated 07.10.2024,
10.07.2024 and .10.2024 is questioned as the same is illegal, arbitrary, violative of principles of natural justice, violative of provisions of Clause 68 of the Andhra Pradesh Detailed Preliminary Standard Specification and violative of Articles 14, 21 and 300-A of Constitution of India and consequently direct the Respondent Authorities to pay the said pending bill amount with interest at the rate of 24 percentage per annum for the delay caused in paying the same to the petitioner in respect to execution of above- mentioned work forthwith in complete compliance with the Proceedings of Re-Release Requests issued by District Minorities Welfare Officer, Kurnool/Nandyal vide File No. MWD- MUS0MSQ(CNS)/14/2020- SUPDT(KRNL)-DMWOKRNL dated 07.10.2024, 10.07.2024 and .10.2024 and to pass lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondent Authorities to pay the total pending bill amount to the tune of Rs.
15,38,877/- for settlement of the CC Part and Final Bill for Renovation of Shadikhana at Dhone (V&M) Municipality of Nandyal District (erstwhile Kurnool District) pertaining to the Agreement No. 164/2020-21/Grant-ln-Aid/E1, dated.04.05.2021 as well as Supplemental Agreement vide Agreement No.34/2023-24/E1/Grant-ln-Aid/2020-21 dated 05.09.2023 by adhering to Proceedings of Re-Release Requests issued by District Minorities Welfare Officer, Kurnool/Nandyal vide File No.MWD- MUS0MSQ(CNS)/14/2020-SUPDT(KRNL)-DMWOKRNL dated 07.10.2024, 10.07.2024 and ,10.2024 pending disposal of this writ petition and to pass Counsel for the Petitioner: SRI RAMESH BABU TATAPUDI Counsel for the Respondent Nos.1, 3, 4, 7, 9,10,11,12 :
GP FOR SOCIAL WELFARE
Counsel for the Respondent Nos.2,13 to 18 : GP FOR FINANCE AND PLANNING Counsel for the Respondent No.5 ; GP FOR MUNCIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent Nos.6 & 8 : Mrs. V.SIREESHA RANI, SC FOR MUNICIPALITY The Court made the following: ORDER
APHC010027072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY ,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1535/2025 Between: Valle Madhava Venkata Krishna Prasad. ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1.RAMESH BABU TATAPUDI Counsel for the Respondent{S):
1. GP FOR SOCIAL WELFARE 2.GP FOR FINANCE PLANNING 3.GPMUNCIPAL ADMN AND URBAN DEVAP The Court made the following:
ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-
“...to issue a direction or order more particularly one In the nature of WRIT OF MANDAMUS declaring the action of the Respondent Authorities in not releasing the pending bill to the tune of Rs. 15,38,877/- for settlement of the CC Part and Final Bill in relation to the work executed i.e.. Renovation of Shadikhana at Dhone (V and M) Municipality of Nandyal District (erstwhile Kurnool District) pertaining to the Agreement No. 164/2020-21/Grant-In- Ald/EI, dated.04.05.2021 as well as Supplemental Agreement vide Agreement 24/El/Grant-ln-Aid/2020-21 dated 05.09.2023, thereby not adhering to Proceedings of Re-Release Requests issued by District Minorities Welfare No. 34/2023- Officer, Kurnool/Nandyal vide File No. MWD- MUS0MSQ(CNS)/14/2020-SUPDT(KRNL )- 07.10.2024, 10.07.2024 and .10.2024 is questioned as the DMWOKRNL dated same is illegal, arbitrary, violative of principles of natural justice, violative of provisions of Clause 68 of the Andhra Pradesh Detailed Preliminary Standard Specification and violative of Articles 14, 21 and 300-A of Constitution of India and consequently direct the Respondent Authorities to pay the said pending bill amount with interest at the rate of 24 percentage per annum for the delay caused in paying the same to the petitioner in respect to execution of above-mentioned work forthwith in complete compliance with the Proceedings of Re-Release Requests issued by District Minorities Welfare Officer, Kurnool/Nandyal vide File No. MWD- MUS0MSQ(CNS)/14/2020-SUPD T(KRNL)-DMWOKRNL dated 07.10.2024, 10.07.2024 and: 10.2024 and to pass..."
2. Heard learned counsel for the petitioner and learned counsel appearing for the respondents.
3.
Learned counsel for the petitioner submits that even though respondents admitted that the petitioner is entitled for payment of the aforesaid sum of money, no payment is being made and such non-payment of money is clearly arbitrary and high-handed and thereby requires interference by this Court. 4. Today, when the matter came up for hearing, learned Standing Counsel th for the respondent corporation has submitted a copy of instructions of the 4 respondent dated 27.01.2025 wherein it is stated that the pursuant to the works executed by the petitioner, an amount of Rs. 17,76,028/- was already released to the petitioner herein as a 1®* and part bill, but, however has stated that the 2"^^ and final bill was raised for an amount of Rs.20,75,521/- which is yet to be released to the petitioner. It is further stated that the 4^'" respondent has addressed a letter to the Commissioner, Minorities Welfare, Tadepalli, Guntur for release of the amount towards the expenditure incurred for the work executed by the petitioner. As and when the amount is released, the petitioner would be paid the same at the earliest. In view of the above instructions, since the bill amount claimed by the
5. petitioner is an admitted bill, this Court feels it appropriate to dispose of the writ petition directing the respondents to release the amount claimed by the
petitioner within a period of three (3) months from the date of receipt of a copy of this order. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// ^ % SECTION OFFICER To, The Principal Secretary, Minorities Welfare (IDM) Department, State of Andhra Pradesh, Velagapudi, Secretariat Buildings, Amaravati Guntur District, Andhra Pradesh. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. The Director/Secretary, A.P. State Urdu Academy, Vijayawada, Andhra Pradesh. The Commissioner/Director, Minorities Welfare, Tadepalli, Guntur, Andhra Pradesh. The District Collector, Nandyal, Nandyal District. The Municipal Commissioner, Dhone Municipality, Dhone, Nandyal, Nandyal District (erstwhile Kurnool District). The District Minorities Welfare Officer, Kurnool/Nandyal, Nandyal District (erstwhile Kurnool District). The Municipal Engineer, Dhone Municipality, Dhone, Nandyal, Nandyal District (erstwhile Kurnool District). The Director, Planning (V) Department, Government of Andhra Pradesh, Gollapudi, Vijayawada.
lO.The Chief Planning Officer, Nandyal, Nandyal District (erstwhile Kurnool District). 11. Executive Engineer, Public Health, Nandyal Nandyal District (erstwhile Kurnool District. 12.The Section Officer, Minorities Welfare (IDM) Department, Velagapudi, Secretariat Buildings, Amaravati, Guntur District, Andhra Pradesh. 1. 2. 3. 4. 5. 6. 7. 8. 9. 13.The Director of Treasures andAccounts,1®^ Floor Nidhi Bhavan, Mangalagiri, Guntur District -522 503. 14.The District Treasury Office, Nandyal, Nandyal District. 15.The Accounts Section Officer, O/o. Commissioner of Minorities Welfare, Tadepalli, Guntur, Andhra Pradesh. 16.The Director of Words and Accounts Andhra Pradesh, Vijayawada. 17.The Senior Accountant, O/o. Chief Planning Officer, Kurnool. IS.The Chairman/Chief Executive Officer, Andhra Pradesh Comprehensive Financial Management System (CFMS), 6*^ Floor, C- Block, Anjaneya Towers, Ibrahimpatnam, NTR District. 19.0ne CC to Sri Ramesh Babu Tatapudi, Advocate [OPUC] 20.TWO CCs to GP for Social Welfare, High Court of Andhra Pradesh. [OUT] 21.Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT]
22. Two CCs to GP for Municipal Admn & Urban Development, High Court of Andhra Pradesh. [OUT]
23. One CC to Mrs.V.Sireesha Rani, SC for Municipality (OPUC) 24.Three C.D. Copies. Cnr
HIGH COURT DATED:27/01/2025 % X 2 *1 MAR 2025 o^ . Current Section ^y/
ORDER m WP.No.1535 of 2025 DISPOSING OF THE W.P.
WITHOUT COSTS