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2025 DAILYLAW 43336 (AP)

Pedda Boyana Venkatesh, v. The State of Andhra Pradesh,

WP/28580/2025 · 2025-10-16

Harinath N

body2025

Judgment text

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APHC010519752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28580/2025 Between: 1. PEDDA BOYANA VENKATESH,, S/O,P.PULLANNA, AGE ABOUT 33 YEARS, R/O,H.NO. 23/153,CHINNA MARKET, KURNOOL, KURNOOL DISTRICT,A.P. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, 2ND BLOCK, VELAGAPUDI, VIJAYAWADA. 2. THE MUNICIPAL COMMISSIONER, KURNOOL MUNICIPAL CORPORATION, KURNOOL. ...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 to issue an appropriate Writ, direction, or Order, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not releasing the bill an amount of 1) Agreement.No.201/2023-24 Date 22.01.2024 for Rs.4,55,704/- for the work executed by the petitioner construction Providing of Raod from D.No.9/78 to opposite D.NO.9/310-A at Khaleel Street,Ward No9 , 2) Agreement.No. 104/2023-24 Date 11.12.2023 for Rs.4,45,195/- for the work executed by the petitioner maintenance and improvement of 300mm cc drain from 6-149AB to 9-94-B at 9th Ward.Khaleel Wada and 200mm CC Drain From D.no. 9/44 to 2 D.no.9/49 at 9th ward Pinjari Street and D.no. 7/56 to D.no.7/47 at 9th ward Telugu Street, 3) Agreement.No. 222/2023- 24 Date 27.01.2024 for Rs.3,82,734/- for the work executed by the petitioner providing Drain from 9/94 to 9/109 at Khaleel Street,Ward No9, 4) Agreement.No. 223/2023-24 Date 27.01.2023 for Rs.3,85,568/- for the work executed by the petitioner providing Drain from 9/94 to 7/16 from 7/16 to 7/19 to 7/19 and from 7/19 to end Khaleel Street Ward No9, 5) Agreement.No. 200/2023-24 Date 22.01.2024 for Rs.4,54,094/- for the work executed by the petitioner providing Road from 9/78 to 9/80 at Khaleel Street, at Ward , 6) Agreement.No. 221/2023-24 Date 01.03.2024 for Rs.3,91,019/- for the work executed by the petitioner providing cc Drain from Seenu Hair Style shop 26-413 to 46-407 and from RR Acqa shop to Main Road opp china market govt school in Ward No9, 7) Agreement.No. 104/2023-24 Date 11.12.2023 for Rs.8,80,887/- for the work executed by the petitioner lying of 110mm pipe line and CC Drain beside yaseen Majid and 1/270-G-9A1 to 1/270-G-183 Gareeb Nagar in the 17th sachivalayam 6th Ward, Minicipal Corporation Kurnool under GGMP for the 2 nd respondent Corporation with interest forthwith IA NO: 1 OF 2025 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 to direct the respondents to release the bills Amounts 1) Agreement.No.201/2023-24 Date: 22.01.2024 for Rs.4,55,704/- for the work executed by the petitioner construction Providing of Raod from D.No.9/78 to opposite D.No.9/310-A at Khaleel Street,Ward No9 , 2) Agreement.No. 104/2023-24 Date; 11.12.2023 for Rs.4,45,195/- for the work executed by the petitioner maintenance and improvement of 300mm cc drain from 6-149AB to 9-94-B at 9^^ Ward,Khaleel Wada and 200mm CC Drain From D.no. 9/44 to D.no.9/49 at 9^^ ward Pinjari Street and D.no. 7/56 to D.no.7/47 at 9*^ ward Telugu Street, 3) Agreement.No. 222/2023-24 Date: 27.01.2024 for Rs.3,82,734/- for the work executed by the petitioner providing Drain from 9/94 to 9/109 at Khaleel Streetward No9, 4) Agreement.No. 223/2023-24 Date: 27.01.2023 for Rs.3,85,568/- for the work executed by the petitioner providing Drain from 9/94 to 7/16 from 7/16 to 7/19 to 7/19 and from 7/19 to end Khaleel Street Ward No9, 5) Agreement.No. 200/2023-24 Date: 22.01.2024 for Rs.4,54,094/- for the work executed by the petitioner providing Road from 9/78 to 9/80 at Khaleel Street, at Ward , 6) Agreement No. 221/2023-24 Date: 01.03.2024 for Rs.3,91,019/- for the work executed by the petitioner providing cc Drain from Seenu Hair Style shop 26-413 to 46-407 and from RR Acqa shop to Main Road opp china market govt school in Ward 3 No9, 7) AgreementNo. 104/2023-24 Date: 11.12.2023 for Rs.8,80,887/- for the work executed by the petitioner lying of 110mm pipe line and CC Drain beside yaseen Majid and 1/270-G-9A1 to 1/270- G-183 Gareeb Nagar in the 17th sachivalayam 6th Ward, Minicipal Corporation Kurnool under GGMP and for the above bills an amount of with interest forthwith Counsel for the Petitioner: 1. K SRINIVASA PRASAD Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 4 ORDER:- The learned counsel for the petitioner submits that the petitioner was awarded the 7 works i.e., 1) Agreement.No.201/2023-24 Dated 22.01.2024 for Rs.4,55,704/- for the work executed by the petitioner construction Providing of Road from D.No.9/78 to opposite D.NO.9/310-A at Khaleel Street, Ward No.9 , 2) Agreement.No. 104/2023-24 Dated 11.12.2023 for Rs.4,45,195/- for the work executed by the petitioner maintenance and improvement of 300mm cc drain from 6-149AB to 9-94-B at 9th Ward, Khaleel Wada and 200mm CC Drain From D.no. 9/44 to D.no.9/49 at 9th ward Pinjari Street and D.no.7/56 to D.no.7/47 at 9th ward Telugu Street, 3) Agreement.No. 222/2023-24, Dated 27.01.2024 for Rs.3,82,734/- for the work executed by the petitioner providing Drain from 9/94 to 9/109 at Khaleel Street, Ward No.9, 4) Agreement.No. 223/2023-24 Dated 27.01.2023 for Rs.3,85,568/- for the work executed by the petitioner providing Drain from 9/94 to 7/16 from 7/16 to 7/19 to 7/19 and from 7/19 to end Khaleel Street Ward No.9, 5) Agreement.No. 200/2023-24 Dated 22.01.2024 for Rs.4,54,094/- for the work executed by the petitioner providing Road from 9/78 to 9/80 at Khaleel Street, at Ward , 6) Agreement.No. 221/2023-24 Dated 01.03.2024 for Rs.3,91,019/- for the work executed by the petitioner providing cc Drain from Seenu Hair Style shop 26-413 to 46-407 and from RR Acqa shop to Main Road opp china market govt school in Ward No.9, 7) Agreement.No. 104/2023-24 Dated 11.12.2023 for Rs.8,80,887/- for the work executed by the petitioner lying of 110mm pipe line and CC Drain 5 beside yaseen Majid and 1/270-G-9A1 to 1/270-G-183 Gareeb Nagar in the 17th sachivalayam 6th Ward, Minicipal Corporation Kurnool under GGMP. 2. The learned counsel further submits that the petitioner duly executed 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, and the learned Standing Counsel for the Corporation. 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 works undertaken. 5. Considering the submissions, the concerned respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of four (04) weeks from the date of receipt of a copy of this order. 6 6. Accordingly, this writ petition is disposed off. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Dt: 17.10.2025 SR