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2025 DAILYLAW 42380 (AP)

Y KESAVA REDDY v. THE STATE OF ANDHRA PRADESH

WP/29133/2024 · 2025-11-10

Harinath N

body2025

Judgment text

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APHC010558152024 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY,THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29133/2024 Between: 1. Y KESAVA REDDY, S/O CHINNA REDDY, AGED ABOUT 50 YEARS, OCC. CONTRACTOR, D.NO. 29 DHARMAVARAM, SRI SATYA SAI DISTRICT 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 3. THE COMMISSIONER AND D DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, 3,4,5 FLOORS, PRIME HILL CREST, VADDESWARAM, GUNTUR DISTRICT. 4. THE DHARMAVARAM MUNICIPALITY, REP BY ITS COMMISSIONER, DHARMAVARAM, SRI SATYA SAI DISTRICT (FORMERLY ANANTHAPURAM DISTRICT) 5. THE EXECUTIVE ENGINEER, DHARMAVARAM MUNICIPALITY, SRI SATYA SAI DISTRICT. (FORMERLY ANANTHAPURAM DISTRICT) 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 respondent authorities in withholding the admitted amounts payable to the petitioner in relation to the works i.e., 1) Construction of 300 mm CC Drain from Pole no.S13/11 to Dr.no.25/644 Dr.no.25/644-12, Pole no.S13/16 to Pole no.S13/17, Pole No.S13/16 to Dr.no.25/644-5- 10-1, Pole no.S13/23 to Pole no.S10/19. Pole No.S13/25 to Pole no.S13/9 Dr.No.25/585 Dr.no.25/585-4-18, Dr.no.25/645 to Dr.no.25/645 Police Quarters in 25th El 2022-23 for an amount of Rs.13,50,895/ Main Road to Peria Chawadi, D.no.23/607 to 23/634, D.No.23/76 to 23/62, IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29133/2024 Y KESAVA REDDY, S/O CHINNA REDDY, AGED ABOUT 50 YEARS, OCC. CONTRACTOR, D.NO. 29-859, MARUTHI NAGAR, DHARMAVARAM, SRI SATYA SAI DISTRICT-515671 ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. THE COMMISSIONER AND DIRECTOR, MUNICIPAL AND URBAN DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, 3,4,5 FLOORS, PRIME HILL CREST, VADDESWARAM, GUNTUR DISTRICT. THE DHARMAVARAM MUNICIPALITY, REP BY ITS COMMISSIONER, DHARMAVARAM, SRI SATYA SAI DISTRICT (FORMERLY ANANTHAPURAM DISTRICT) THE EXECUTIVE ENGINEER, DHARMAVARAM MUNICIPALITY, SRI SATYA SAI DISTRICT. (FORMERLY ANANTHAPURAM DISTRICT) ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the n 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 respondent authorities in withholding the admitted amounts even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1) Construction of 300 mm CC Drain from Pole no.S13/11 to Dr.no.25/644-13. Pole No.S13/11 to 12, Pole no.S13/16 to Pole no.S13/17, Pole No.S13/16 to 1, Pole no.S13/23 to Pole no.S10/19. Pole No.S13/25 to Pole no.S13/9 Dr.No.25/585-4-4 to Dr.no.25/585-4-3, Dr.no.25/585 18, Dr.no.25/645 to Dr.no.25/645-5 at L.I.C office locality and Police Quarters in 25th Election Parthasarathi Nagar-2 under GGMS funds 23 for an amount of Rs.13,50,895/-, and 2) Laying of CC Road from Main Road to Peria Chawadi, D.no.23/607 to 23/634, D.No.23/76 to 23/62, IN THE HIGH COURT OF ANDHRA PRADESH [3457] TUESDAY,THE ELEVENTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE HARINATH.N Y KESAVA REDDY, S/O CHINNA REDDY, AGED ABOUT 50 YEARS, 859, MARUTHI NAGAR, ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL MUNICIPAL AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, IRECTOR, MUNICIPAL AND URBAN DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, 3,4,5 FLOORS, PRIME HILL CREST, VADDESWARAM, THE DHARMAVARAM MUNICIPALITY, REP BY ITS COMMISSIONER, DHARMAVARAM, SRI SATYA SAI DISTRICT (FORMERLY THE EXECUTIVE ENGINEER, DHARMAVARAM MUNICIPALITY, SRI SATYA SAI DISTRICT. (FORMERLY ANANTHAPURAM DISTRICT) ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the n 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 respondent even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1) Construction of 300 13. Pole No.S13/11 to 12, Pole no.S13/16 to Pole no.S13/17, Pole No.S13/16 to 1, Pole no.S13/23 to Pole no.S10/19. Pole No.S13/25 to 3, Dr.no.25/585-5-4 to 5 at L.I.C office locality and 2 under GGMS funds , and 2) Laying of CC Road from Main Road to Peria Chawadi, D.no.23/607 to 23/634, D.No.23/76 to 23/62, 2 D.No.23/361 to 23/537-10 In 21st Secretariat (22nd Election ward in Dharmavaram Municipality under GGMP funds 2023-2024 for an amount of Rs.15.37,863/- aggregated to lumpsum contract final bills amount of Rs.28,88,758/- (Rupees Twenty eight lakhs eighty eight thousand seven hundred and fifty eight only) as the same is illegal, arbitrary and violation of principles of natural justice and violation of Article 14. 19 and 21 of the Constitution of India consequently direct the respondents to release of admitted amount Rs.28,88,758/- (Rupees Twenty eight lakhs eighty eight thousand seven hundred and fifty eight only) with interests to the petitioner firm and other reliefs and to 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 for payment of Final Bill Rs.28,88,758/- (Rupees Twenty eight lakhs eighty eight thousand seven hundred and fifty eight only) forthwith, pending disposal of the main writ petition pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. DASARI S V V S V PRASAD Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING The Court made the following: 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29133 OF 2024 ORDER : 1. The learned counsel for the petitioner submits that the petitioner has awarded various works vide agreement Nos.415/2022-23, dated 25.07.2023 and 534/2023-24, dated 14.11.2023. 2. The learned counsel further submits that the petitioner duly executed all the works and thereafter submitted final bills and the final bills were duly endorsed by the competent authority. A statement detailing the works executed by the petitioner was prepared. However, in spite of the completion of all procedural formalities, the payment towards the completed works has not been released till date. 3. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration & Urban Development, the learned Standing Counsel for the Corporation and the learned Assistant Government Pleader for Finance and Planning. 4. During the course of hearing, the learned Standing Counsel appearing for the Corporation does not dispute the submissions made by the petitioner with respect to the completion of the work undertaken. 5. Considering the submissions, concerned respondent is hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of six weeks from the date of receipt of a copy of this order. 6. Accordingly, the writ petition is disposed of. No costs. 4 As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N KGM 5 266 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.29133 OF 2024 Dated 11.11.2025 KGM