Vattem Srinivasa Rao, v. The State of Andhra Pradesh,
WP/15147/2024 · 2025-04-29
Nyapathy Vijay
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45339 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45339 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
VI ‘V' IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL.,^ TWO THOUSAND AND TWENTY FIVE t . PRESENT THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 15147 OF 2024 Between: Vattem Srinivasa Rao, S/o. Krishna Rao, Aged about 47 years, Occ- Contractor, R/o. 36-85, Purushothama patnam, Chilakaluripet, Guntur District. ...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, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The Director of Municipal Administration, Gorantia, Guntur, Guntur District. 4. Chilakaluripet Municipality, Rep. by its Commissioner, Chilakaluripet, Palnadu District. 5. The Deputy Executive Engineer, Chilakaluripet, Palnadu District Chilakaluripet Municipality,
6. The District Treasury Officer, Narasaraopet, Palnadu District. 7. The Chief Executive Officer, AP CFMS Office, 6th Floor Anjaneya Towers, Ibrahimpatnam, Krishna District. C-Block, ...RESPONDENTS
Petition under Article 22'6^of the Constitution of i the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue writ of mandamus India praying that in may or any other appropriate writ not releasing the Rs.6,95,523/- vide M or direction declaring the action of the Respondents amounts of Rs.92,383/- vide M Book No. 28/2019-20 Book No. 155/2020-21 and Rs.2,89,594/- vide M Book No. 68/2021-22 even after finalizing the bills, payable to the petitioner in relation to the works i.e.. 1. Providing Roofing at Purushothama patnam Hindu ground at 31st ward in Chilakaluripet Municipality, vide Agreement 213/2022- 23, dated 19.11.2022, 2.Providing CC Road Rao house to End of road (Yadavula bazaar) in Purushothama Patnam i 30th ward in Chilakaluripet Municipality, vide Agreement No. 311/2022-23 dated 03.03.2023 and 3.Construction Burrial No. from M.V.Srinivasa in of CC drain from byra lakshmi rama chandra rao in 31st ward in koteswara rao house Thota Chilakaluripet Municipality, 23.06.2022 is questioned, vide Agreement No. 90/2022-23 dated as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.92,383/- vide M Book No. 28/2019-20, Rs.6,95,523/- vide M Book No. 155/2020-21 and Rs.2,89,594/- vide M Book No. 68/2021-22 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith. .
. lA NO: 1 OF 9n9A - Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances m support of the petition, the High Court may be pleased to direct the respondents to pay for payment of amount of Rs.92,383/- vide M Book No. 28/2019-20 Rs.6,95,523/- vide M Book No. 155/2020-21 & Rs.2,89,594/- vide M Book No. 68/2021-22 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e.
1. Providing Roofing at Purushothama patnam Hindu Burrial ground at 31st ward In Chilakaluripet Municipality, vide
Agreement No, 213/2022-23, dated 19.11.2022, 2.Providing CC Road from M.V.Srinivasa Rao house to End of road (Yadavula bazaar) in Purushothama Patnam in 30th ward in Chilakaluripet Municipality, vide Agreement No. 311/2022- 23, dated 03.03.2023 & 3.Construction of CC drain from byra lakshmi koteswara fao house Thota rama chandra 31st ward in Chilakaluripet Municipality, vide Agreement No. 90/2022-23 dated 23.06.2022, forthwith, pending disposal of the Writ Petition rao in Counsel for the Petitioner: SRI BATHALA RAMESH
" Counsel for the Respondent Nos. 1 & 3: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent Nos. 2, 6 & 7: GP FOR FINANCE & PLANNING Counsel for the Respondent Nos. 4 & 5: SMT. SIREESHA RANI VALLABHANENI (SC FOR MUNICIPALITIES) The Court made the following: ORDER
APHC010296922024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 15147/2024 Between:
1.VATTEM SRINIVASA RAO,, S/0. KRISHNA RAO, AGED ABOUT 47 YEARS, OCC- CONTRACTOR, R/O. 36-85, PURUSHOTHAMA PATNAM, CHILAKALURIPET, GUNTUR DISTRICT ...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, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3.THE DIRECTOR OF MUNICIPAL ADMINISTRATION, GORANTLA, GUNTUR, GUNTUR DISTRICT. 4.CHILAKALURIPET MUNICIPALITY, REP. BY ITS COMMISSIONER, CHILAKALURIPET, PALNADU DISTRICT. 5.THE DEPUTY EXECUTIVE ENGINEER, CHILAKALURIPET MUNICIPALITY, CHILAKALURIPET, PALNADU DISTRICT. 6.THE DISTRICT TREASURY OFFICER, NARASARAOPET, PALNADU DISTRICT. 7.THE CHIEF EXECUTIVE OFFICER, KP CFMS OFFICE, 6TH FLOOR, C-BLOCK, ANJANEYA TOWERS, IB RAHIM PATNAM, KRISHNA DISTRICT. ...RESPONDENT(S):
2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No. 15147 OF 2024
ORDER; The Writ Petition is filed questioning inaction of the respondents in withholding an amounts of Rs.92,383/- vide M Book No.28/2019-20, Rs.6,95,523/- vide M Book No.155/2020-21 & Rs.2,89,594/- vide M Book No.68/2021-22, even after finalizing the bills payable to the Petitioner in relation to works i.e., “1.Providing Roofing at Purushothama patnam Hindu Burrial ground at ward in Chilakaluripet Municipality, vide Agreement No.213/2022-23, dated 19.11.2022, 2. Providing CC Road from M..V Srinivasa Rao house to End of road (Yadavu Ia bazaar) in Purushothama Patnam in 30^^ ward in Chilakaluripet Municipality vide Agreement No.311/2022-23, dated 03.03.2023 and 3. Construction of cc drain from byra lakshmi koteswara rao house Thota rama chandra rao in 3H^ ward in Chilakaluripet Municipality vide Agreement No.90/2022-23, dated 23.06.2022”. When the matter is taken up for hearing, the learned Standing Counsel 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 works 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
2. when the amounts are released, without any delay.
3 and also considering the fact that the execution of work and the amounts due In view of the aforesaid submissions there is no dispute with regard to to the Petitioner, this Court is inclined to dispose of the Writ Petition with the
3. following direction; (i) The Respondents are directed to pay Petitioner within a period of four (04) months from the date of receipt of the copy of this order. There shall be no
order as applications, if any, pending shall stand closed the amounts due to the to costs. Consequently, miscellaneous rANIESH babu EGtSTRAR OFFtCER //TRUE COPY// Sd/-Wl deputy SE' To, The Special Chief Secretary, Department of Municipal Administration Secretariat Buildings, Velagapudi,
1. And Urban Development, Amaravathi, Guntur District. Department of Finance and Planning,
2. The Principal Secretary, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. Director of Municipal Administration, Gorantla, Guntur, Guntur
3. The District.
4. The Commissioner, Chilakaluripet Municipality, Chilakaluripet , Palnadu District. Chilakaluripet Municipality,
5. The Deputy Executive Engineer, 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, Ibrahimpatnam, Krishna District.
8. One CC to Sri Bathala Ramesh,Advocate[OPUC]
9. Two CCs to GP for Muncipal Admn Urban Dev, Fligh Court of Andhra Pradesh. [OUT]
10. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT]
11. One CC to Smt. Sireesha Rani Vallabhaneni, SC for Municipalities,^ Advocate [OPUC]
12. Three CD Copies TF
HIGH COURT DATED:30/04/2025
ORDER WP.No.15147 of 2024 of ANDW^% 22 SEP 2025 1I|| •2:^ . Current section ^ DISPOSING OF THE W.P., WITHOUT COSTS