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2025 DAILYLAW 43955 (AP)

KESANAKURTI VENKATESWARA RAO v. THE STATE OF AP

WP/16787/2024 · 2025-04-29

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

‘A \ IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 16787 OF 2024 Between: Kesanakurti Venkateswara Rao, S/o Veera Bhadra Rao, aged about 63 years old k/o 57-9-27 TiiiapudiVari lane, Durga Temple, Jagannadapuram, Kakinada. ...Petitioner/s AND 1. The State of AP, Rep by its Principal Secretary Municipal Administration and Urban Development Department, Secretariat Buildings, Velagapudi, Amaravati. 2. The Commissioner and Director, Municipal Administration and Urban Development Department Government of Andhra Pradesh, Vijayawada NTR District. 3. The District Collector, Kakinada District, Kakinada. 4. The Municipal Corporation, Kakinada Rep by its Commissioner, Kakinada Town, Kakinada District. 5. The Superintendent Engineer, Municipal Corporation, Kakinada District. Kakinada, / 6. The Executive Engineer, Municipal Corporation Kakinada, Kakinada District n 7. The State of Andhra Pradesh, Rep by its Principal Secretary, Finance and Planning Department Secretariat Buildings, Velagapudi, Amaravathi. ...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 be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declaring the action on the part of the respondents herein, not releasing and pay the bill amounts worth of Rs. 17,37,736/- with interest to the petitioner even though total works were executed and completed and sent it for CFMS no. 2024-722768 as illegal, arbitrary and violation of Article 14, 16 and 21 of Constitution of India and Consequentially to direct the respondents to release and pay the bill amounts worth of Rs. 17,37,736/- with interest to the petitioner forthwith, inview of the CFMS no.2024-722768 and pass such other order or orders may deem fit and proper in the circumstances of the case. may 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 to direct the respondents to release and pay the bill amounts worth of Rs. 17,37,736/- with interest to the petitioner forthwith, inview of the CFMS no.2024-722768 pending disposal of the above writ petition and pass such other order or orders may deem fit and proper in the circumstances of the case., pending disposal of the above writ petition. Counsel for the Petitioner: M/S SAMEERA BOKKA X Counsel for the Respondent Nos.1,2.3: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondent No.4, 5, 6: SRI J. DILEEP KUMAR, SC FOR MUNICIPAL CORPORATION KKD Counsel for the Respondent No.7: GP FOR FINANCE The Court made the following: APHC010328272024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSANDAND TWENTYFIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 16787/2024 Between; 1.KESANAKURTI VENKATESWARA RAO, S/0 VEERA BHADRA RAO AGED ABOUT 63 YEARS OLD R/0 57-9-27 TILLAPUDIVARI LANE,DURGA TEMPLE,JAGANNADAPURAM, KAKINADA. ...PETITIONER AND 1.THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. 2.THE COMMISSIONER AND DIRECTOR, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA NTR DISTRICT. 3.THE DISTRICT COLLECTOR, KAKINADA DISTRICT, KAKINADA. 4.THE MUNICIPAL CORPORATION, KAKINADA REP BY ITS COMMISSIONER, KAKINADA TOWN, KAKINADA DISTRICT. 5.THE SUPERINTENDENT ENGINEER, MUNICIPAL CORPORATION, KAKINADA, KAKINADA DISTRICT. 6.THE EXECUTIVE ENGINEER, MUNICIPAL CORPORATION KAKINADA, KAKINADA DISTRICT 7.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. ...RESPONDENT{S): 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No. 16787 OF 2024 ORDER: The Writ Petition is filed questioning inaction of the respondents in not releasing the amount of Rs.17,37,736/- with interest to the petitioner even though the total works were executed and completed. 2. Petitioner was issued a work order for “Providing CC internal roads at D.Nos.65-13-3/8 to 65-13-3/10 and 65-14-13-7A to 65-14-13/4 and damaged internal drains at Mehar Nagar in 44*'' Division of Kakinada” for an admitted amount of Rs.14,78,148.86/- vide Roc.No.6690/2023/E2, dated 01.12.2023. In the counter affidavit filed by the Respondent No.4, the execution of work and the amounts due to the petitioner were admitted at Paragraph No.5. However, it is stated that the amounts could not be paid to the petitioner due to non-release of funds under the head ‘Gadapa Gadapa Ki Mana Prabhutwam (GGMP) Programme. 3. In view of the above and also considering the fact that there is no dispute with regard to the execution of work and the amount due to the Petitioner, this Court is inclined to dispose of the Writ Petition with the following direction: 4. (i) The Respondents are directed to pay the amounts due to the Petitioner within a period of four (04) months from the date of receipt of the copy of this order. 3 There shall be no order as to costs. Consequently, miscellaneous applications, if any, pending shall stand closed. Sd/- J SAROJA ASSISTANT R^ISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, State of Andhra Pradesh Administration and Urban Development Department, Buildings, Velagapudi, Amaravati. 2. The Commissioner and Director, Municipal Administration and Urban Development Department Government of Andhra Pradesh, Vijayawadai.^ NTR District. 3. The District Collector, Kakinada District, Kakinada 4. The Commissioner, Municipal Corporation, Kakinada, Kakinada Town, Kakinada District. 5. The Superintendent Engineer, Municipal Corporation, Kakinada, Kakinada District. 6. The Executive Engineer, Municipal Corporation Kakinada, Kakinada District Municipal Secretariat 7. The Principal Secretary, State of Andhra Pradesh, Finance and Planning Department Secretariat Buildings, Velagapudi, Amaravathi. 8. One CC to M/S. SAMEERA BOKKA Advocate [OPUC] 9. One CC to SRI J DILEEP KUMAR, STANDING COUNSEL FOR MUNICIPAL CORPORATION KKD [OPUC] Two CCs to GP FOR MUNCIPAL ADMN AND URBAN DEV AP ,High Court Of Andhra Pradesh. [OUT] Two CCs to GP FOR FINANCE, High Court Of Andhra Pradesh. 10. 11. [OUT] 12. Three CD Copies sree HIGH COURT DATED:30/04/2025 ORDER WP.No.16787 of 2024 ^ 2 3 SEP 2025 ^ Current Section% m. DISPOSING OF THE W.P. WITHOUT COSTS