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2025 DAILYLAW 45341 (AP)

KARUMACHI GANGARAJU v. THE STATE OF AP

WP/17563/2024 · 2025-04-29

Nyapathy Vijay

body2025

Judgment text

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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: 175fi.? OF onoA A. ..a ef ■I • f-.; ' / . , V, 0 Between: Karumachi Gangaraju, S/o Naagayya, Aged Rentapalla, Sattenapalli, Palanadu District about 55 years, R/o ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Department of Finance and Planning A.P Secretariat buildings, Velagapudi, Guntur District. 2. The Andhra Pradesh Comprehensive Financial Management System (CFMS), CEO, Nidhi Bhavan, APIIC Park, Mangalagiri, Guntur District 3. The State of Andhra Pradesh, Represented by its Principal Secretary, Municipal Administration Department, A.P Secretariat buildings, Velagapudi, Guntur District. 4. The Special Secretary to the Government of Andhra Pradesh (AP), Finance Department, Room No. 286, 1st Floor, Building No. 2, A.P. Secretariat, Velagapudi, Amaravati - 522 238 5. The Directorate of Works and Accounts, Rep by its Director of Works and Accounts, 3^^ Floor, C Block, Anjaneya Towers, Ibrahimpatnam, Krishna District. 6. The Commissioner and Director of Municipal Administration Pradesh at Prime Hill Crest, Vaddeswaram, Tadepalli, Guntur District. 7. The Guntur Municipal Corporation, Rep. By its Commissioner Guntur district. Andhra Guntur, 8. The Executive Engineer, Guntur Municipal Corporation Guntur, Guntur district ...RESPONDENTS 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 a writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the admitted due amount of 17,74,357/- (Seventeen Lakh Seventy Four Thousand Three Hundred Fifty Seven ) to the petitioner herein in relation to contract Work i.e GGMP- Construction of CC Road at Mallreddy Naga Beside 95 Secretariat North Side in Div No. 28 under AE-3 Section executed by the petitioner herein, under Agreement and Supplementary Agreement Bearing No 108/EE/GMC/GNT/2023-2024, Dt. 28-06-2023 & /2023-2024, DT. 28-06-2023 & /2023-2024, DT. 2023 despite lapse of more than one year, even after finalizing the bills as illegal, arbitrary, unconstitutional and consequently direct the respondents herein to immediately pay the admitted due amount of 17,74,357/- ( Seventeen Lakh Seventy Four Thousand Three Hundred Fifty Seven ) to the petitioner herein in relation to contract Work i.e GGMP- Construction of CC Road at Mallreddy Naga Beside 95 Secretariat North Side in Div No. 28 petitioner herein. Supplementary Agreement Bearing No 108/EE/GMC/GNT/2023-2024, Dt. 28-06- 2023 and /2023-24, Dt. 2023 under AE-3 Section executed for 7th respondent by the under Agreement and 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 direct the respondents herein to release may be pleased to the admitted due amount of 17,74,357/- ( Seventeen Lakh Seventy Four Thousand Three Hundred Fifty Seven ) to the petitioner herein in. relation to contract Work i.e “GGMP- Construction of CC Road at Mallreddy Naga Beside 95 Secretariat in Div No. 28 under AE-3 Section North Side executed by the petitioner herein, under Bearing No Supplementary Agreement & Agreement 108/EE/GMC/GNT/2023-2024, Dt. 28-06-2023 & /2023-24, Dt. 2023 , within a stipulated time frame Counsel for the Petitioner: SRI KODE RAMESH E ABU Counsel for the Respondents No.1, 2, 4 & 5: GP F'OR FINANCE AND PLANNING Counsel for the Respondents No.3, 6: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondents No.7, 8: SRI A S C BOSE, SC FOR MUNICIPAL CORPORATIONS The Court made the following: Order 'i- ■ APHCOI 0343962024 0^ IN THE HIGH COURT OF ANDHRA PRADESH at AMARAVATI (Special Original Jurisdicti [3460] on) present the honourable SRI JUSTICE NYAPATHY VIJAY ^^'®^^!^£EDI!O!lNOa7663/2024 Between: GANGARAJU, years, R/0 rentapalla sattenapauTpaunadS dZ°r,ct -PETITIONER 55 AND buildings, VELAGATuor^ 2. THE ANDHRA PRADESH management system MANGALAGIRI, GUNTUR 3. THE STATE PRINCIPAL DEPARTMENT, GUNTUR DISTRICT TS PRINCIPAL SECRETAIY planning AP SProc:^^,!. GUNTUR DISTRICT SECRETARIAT /-Ir^/lo COMPREHENSIVE gems, CEO, NIDHI district financial bhavan, APIIC park. OF ANDHRA PRADESH SECRETARY, represented buildings. BY ITS administration VELAGAPUDI, municipal A.P SECRETARIAT 4.THE SPECIAL PRADESH AP floor SECRETARY TO THE finance nPD/\D-r GOVERNMENT OE ^^'^^^^ment. room no. 2, A.P. SECRETARIAT, ANDHRA 286, 1ST VELAGAPUDI, building no AMARAVATI - 522 238 5. THE - director OE anjaneya towers 6.THE directorate by ITS ' 'BRAHIMPATNAM, KRISHNA d?strict.®^°^''- ADMINISTRATIorANDHRATRAD^'^'^^®^ VADDESWARAM, TADEPALLI, GUNTuroiSTOIcr^ OE municipal CREST, 2 7.THE GUNTUR MUNICIPAL CORPORATION COMMISSIONER, GUNTUR, GUNTUR DISTRICT 8.THE EXECUTIVE ENGINEER, GUNTUR MUNICIPAL CORPORATION GUNTUR, GUNTUR DISTRICT REP. BY ITS ...RESPONDENT{S): 3 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No. 17563 OF 2024 ORDER: The Writ Petition is filed questioning inaction of the respondents in not paying the admitted due amount of Rs.17,74,357/- (Seventeen Lakh Seventy Four Thousand Three Hundred Fifty Seven) to the petitioner herein, even though the works were completed long back as illegal and arbitrary. Petitioner was issued a work order for “GGMP-Construction of CC Road at Mallreddy Naga Beside 95 Secretariat North Side in Div No.28 under AE-3 vide Agreement Bearing No.108/EE/GMC/GNT/2023-2024, dated 2. Section’ 28.06.2023. When the matter is taken up for hearing, learned Standing Counsel on instructions submits that the amounts due to the petitioner are admitted. However, it is further 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 4. following direction: 4 (i) The Respondents Petitioner within are directed to a period of four (04) months from the pay the amounts due to the date of receipt of the copy of this order. There shall be applications, if any, pending shall no order as to costs. Consequently, miscellaneous stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// ^ SECTJON OFFICER To, 1. The Principal Secretary, Department of Finance and Planning A.P Secretariat buildings, Velagapudi, Guntur District. 2. The CEO, Andhra Pradesh Comprehensive Financial System (CFMS), Nidhi Bhavan, APMC Park, Mangalagiri, Guntur District 3. The Principal Secretary, Municipal Administration Management Department, State of Guntur District. Andhra Pradesh, A.P Secretariat buildings. Velagapudi 4. The Special Secretary to the Government of Andhra Fihanfce' Department. Room No. 286, 1 Pradesh (AP) Floor, Building No. 2, A.P. Velagapudi, Amaravati - 522 238 5. The Director of Works and Accounts, Directorate of Works and Accounts, 3^^ Floor, C Block, Anjaneya Towers, Ibrahimpatnam, Krishna District. 6. The Commissioner and Director of Municipal Administration Pradesh at Prime Hill Crest, Vaddeswaram, Tadepalli, Guntur District. 7. The Commissioner,Guntur Municipal Corporation District. 8. The Executive Engineer, Guntur Municipal Corporation District. 9. One CC to Sri Kode Ramesh Babu, Advocate 10. One CC to Sri A.S.C. Bose, SC for Municipal Corporations[OPU C] 11. Two CCs to GP for Finance and Planning High Court of Andhra Pradesh. [OUT] 12. Two CCs to GP for Municipal Administration High Court of Andhra Pradesh. [OUT] 13. Three CD Copies. Andhra Guntur, Guntur Guntur, Guntur [OPUC] and Urban Development, s.sb HIGH COURT DATED:30/04/2025 ORDER WP.No.17563 of 2024 I 2 3 SEP 2025 i ^ . Current Section DISPOSING OF THE W.P. WITHOUT COSTS