VATTEM SRINIVASA RAO v. THE STATE OF ANDHRA PRADESH
WP/15411/2024 · 2025-04-29
Nyapathy Vijay
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45119 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45119 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
V, ' IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJA^'^^tt^ WRIT PETITION NO: 15411 OF 2024 •Fa ■ fe/ Between: Vattem Srinivasa Rao, S/o. Krishna Rao, Aged about 47 years, Occ Contractor, R/o. 36-85, Purushothamapatnam, Chilakaluripet, Guntur District. ...Petitioner AND
1. The State Of Andhra Pradesh, T Department of Municipal Administration Rep. by its Special Chief Secretary, And Urban Development, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi,' Amaravathi, Guntur District. 3. The Director of Municipal Administration, District. 4. Chilakaluripet Municipality, Rep. by its Commissioner Palhadu District. 5. The Deputy Executive P Chilakaluripet, Palnadu District. 6. The District Treasury Officer, Narasaraopet, Palnadu
7. The Chief Executive Officer, , Anjaneya Towers, Ibrahimpatnam, Krishna Gorantia, Guntur, Guntur Chilakaluripet Engineer, Chilakaluripet Municipality, District. AP CFMS Office, 6‘^ Floor, C-Block, j District. ...Respondents of India is filed praying stated in the affidavit filed therewith, the High Petition under Article 226 of the Constitution that in the circumstances
/ i Court may be pleased to issue writ or a writ of mandamus ot any other direction declaring the actions of the Respondents amounts of Rs. 12.10,574/- vide M Book No. 2024-726700, even after finalizing relation to the works i.e appropriate not releasing the 94/2022-23 and CFMS No. the bills, payable to the petitioner i • ■ Providing CC Road from Immadi Janaki in rao house to A.Bhaskara rao house at 31®* ward i - in Chilakaluripet Municipality, vide 01.07.2023 is questioned Agreement No 50/2023-24, dated is illegal, arbitrary and as the same consequently direct the respondents to pay for payment of of Rs. 12,10,574/- vide M Book No. 94/2022-23 and amounts CFMS No. 2024-726700 with interest @24%per annum for the delayed amount to the petitioner in respect of execution of above forthwith. - mentioned work lA NO: 1 OF 0{\0A Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed i Court may be pleased to direct the in support of the petition, the High respondents to pay for payment of amount of Rs.
12.10,574/- vide M Book; No. 94/2022-23 2024-726700 with interest @24% petitioner in respect of execution Immadi Janaki & CFMS No. per annum for the delayed amount to the of works i.e. Providing CC Road from rao house to A.Bhaskara rao house at 31 ward in 50/2023-24, dated Chilakaluripet Municipality 01.07.2023, forthwith. vide Agreement No. Counsel for the Petitioner Counsel for the Respondents: ■ SRI. BATHALA RAMESH GP MUNCIPAL ADMN AND URBAN DEV GP FOR FINANCE & PLANNING The Court made the following:
APHC010305012024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] F.
WEDNESDAY .THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 15411/2024 Between:
1.VATTEM SRINIVASA RAO, S/0. KRISHNA RAO, AGED ABOUT 47 CONTRACTOR. YEARS, PURUSHOTHAMAPATNAM. CHILAKALURIPET, GUNTUR DISTRICT. OCC R/0. 36-85, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS. VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3.THE DIRECTOR OF MUNICIPAL ADMINISTRATION, GORANTLA GUNTUR, GUNTUR DISTRICT. 4.QHIJLAKALURIPET MUNICIPALITY. REP. BY ITS COMMISSIONER CHILAKALURIPET, PALNADU DISTRICT. 5.THE DEPUTY EXECUTIVE MUNICIPALITY, CHILAKALURIPET, PALNADU DISTRICT. 6.THE DISTRICT TREASURY OFFICER, NARASARAOPET, PALNADU DISTRICT. 7.THE CHIEF EXECUTIVE OFFICER, , AP CFMS OFFICE, 6TH FLOOR C-BLOCK, ANJANEYA TOWERS. DISTRICT. DEPARTMENT OF FINANCE AND PLANNING ENGINEER, CHILAKALURIPET IBRAHIMPATNAM, KRISHNA ...RESPONDENT(S):
2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No. 15411 OF 2024
ORDER: The Writ Petition is filed questioning inaction of the respondents in withholding an amount of Rs.12,10,574/- vide M Book No.94/2022-23 & CFMS No.2024-726700, even after finalizing the bills payable to the Petitioner in relation to work i.e.,
“Providing CC Road from Immadi Janaki rao house to / / A.Bhaskara rao house at ward in Chilakaluripet Municipality vide Agreement No.50/2023-24, dated 01.07.2023". When the matter is taken up for hearing, the learned Standing Counsel
2. passed on written instructions received by him, signed by the Commissioner, Chilakaluripet Municipality, wherein it was mentioned at paragraph No.4 that the Petitioner had executed the work as stipulated under agreement referred above and that the payment could not be made due to lack of funds. It was further mentioned that the Municipality will be paying the amounts as and when the amounts are released, without any delay. In view of the aforesaid submissions and also considering the fact that
3. there is no dispute with regard to the execution of work and the amounts due to the Petitioner, this Court is inclined to dispose of the Writ Petition with the following direction:
r 3 (i) The Respondents Petitioner within copy of this order. are
directed to a period of four (04) months from pay the amounts due to the the date of receipt of the There shall be no order as to costs, applications, if any, pending shall stand Consequently, miscellaneous closed.
Sd/- A. VENU GOPAL RAO ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER
1. The Special Chief And Urban Secretary, Department Development, State Buildings, Velagapudi, Amaravafhi, 2- The Principal Secretary, r Andhra Pradesh, Secretariat District. of Municipal Administratio of Andhra Pradesh, Guntur District. Department of Finance n Secretariat and Planning, State of Buildings, Velagapudi, Amaravathi , Guntur
5. The Deputy Executive Engineer Chilakaluripet Municipality. Chilakaluripet, Palnadu District.
6. The District Treasury Officer, T. The Chief Executive Anjaneya Towers,
8. One CC to SRI. Narasaraopet, Palnadu District. ’ CFMS Office, 6‘^ Floor 'brahimpatnam, Krishna District bathala ramesh Officer, C-Block, (1 to 7 by RPAD) Advocate [OPUCJ OfA ADMN AND URBAN Uf Andhra Pradesh. [OUT] Two CCs to GP FOR Andhra Pradesh. [OUT]
9. Two CCs to GP DEVAP ,High Court
10. finance & PLANNING, High Court Of
11. Three CD Copies ksr
HIGH COURT \ DATED:30/04/2025
ORDER WP.No.15411 of 2024 ^ t » SE^ 2025 a| ^ . Current Section . ^ DISPOSING THE WRIT PETITION WITHOUT COSTS