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High Court of Andhra Pradesh · body

2025 DAILYLAW 46042 (AP)

MEKA NAGAMANI RAO v. THE STATE OF ANDHRA PRADESH

WP/20599/2024 · 2025-10-15

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010405122024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THESIXTEENTHDAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20599 OF 2024 Between: Age 67 years, Occ: Chilakalapudi Post, Meka Nagamani Rao, S/o Late Nageswara Rao, R/o D No 16/503-3-D Machavaram, Machilipatnam 521002, Krishna District Contractor ...PETITIONER AND 1. The Government of A.P, rep by its PrI. Secretary, Municipal Administration Department, AP Secretariat, Amaravati. 2. The Principal Secretary, Finance and Planning Department Secretariat, Amaravati 3. The Director of Municipal Administration, MA and UD Department Government of Andhra Pradesh at Guntur, AP 4. The District Collector, Krishna District at Machilipatnam, Andhra Pradesh 5. The Commissioner, Pedana Municipality, Pedana, Krishna District AP ...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 in the nature of writ of mandamus declaring the action of the respondents in not releasing the n balance amount of Rs. 8,15,811.41 PS /- and EMD of Rs.8,159/- inspite of the work completed as illegal, arbitrary, highhanded and cannot be justified in the eye of law and consequently direct the respondents to pay the amount of Rs. 8,15,811.41 PS /- and EMD of Rs.8,159/- together with interest @ 24% per annum from the date of completion of the work in the interest of justice. 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 pay the amount of Rs. 8,15,811.41 PS /- and EMD of Rs.8,159/- forthwith in the interest of justice. Counsel for the Petitioner; SRI CH. SRINIVAS Counsel for the Respondent Nos.1,3 & 4: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2:GP FOR FINANCE AND PLANNING Counsel for the Respondent No.5:M/s. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES The Court made the following order: V APHC010405122024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20599/2024 Between: 1.MEKA NAGAMANI RAO, S/0 LATE NAGESWARA RAO AGE 67 YEARS, OCC CONTRACTOR R/0 D NO 16/503-3-D MACHAVARAM CHILAKALAPUDI POST, MACHILIPATNAM 521002 DISTRICT KRISHNA ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRI SECRETARY MUNICIPAL ADMINISTRATION DEPARTMENT AP SECRETARIAT AMARAVATI 2.THE PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT AP SECRETARIAT AMARAVATI 3.THE DIRECTOR OF MUNICIPAL ADMINISTRATION, MA AND UD ANDHRA PRADESH AT DEPARTMENT GOVERNMENT OF GUNTUR, AP 4.THE DISTRICT COLLECTOR, KRISHNA DISTRICT AT MACHILIPATNAM ANDHRA PRADESH 5.THE COMMISSIONER, PEDANA MUNICIPALITY PEDANA KRISHNA DISTRICT ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavff filed therewith, the Hrgh Court may be 2 pleased to issue a writ or direction more particularly in the nature of writ of mandamus declaring the action of the respondents in not releasing the balance amount of Rs. 8,15,811.41 PS /- and EMD of Rs.8,159/- inspite of the work completed as illegal, arbitrary, highhanded and cannot be justified the eye of law and consequently direct the respondents to pay the amount of Rs. 8,15,811.41 PS /- and EMD of Rs.8,159/- together with interest @ 24 percent per annum from the date of completion of the work in the interest of justice and pass lA NO: 1 OF 2024 in 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 pleased to direct the respondents to pay the amount of Rs. 8,15,811.41 PS /- and EMD of Rs.8,159/- forthwith in the interest of justice and pass Counsel for the Petitioner: 1.CH SRINIVAS Counsel for the Respondent{S): I.Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 2.GP MUNCIPAL ADMN AND URBAN DEVAP 3.GP FOR FINANCE PLANNING The Court made the following: V 3 ir, ?■ Order:- The learned counsel for the petitioner submits that the petitioner is aggrieved by the inaction on the part of the respondents in paying the outstanding and Earnest Money Deposit (EMD) amounts. It is submitted that the petitioner has executed the works Providing CC Road from Koutarapu Ekambararao House (D.No.16-282/1) to the existing CC Road, and CC Road from Komatla Jaya Ram House (D.No. 16-243- 16) to Arise Baabi House (D.No.16-245-15), and CC Drain including two culverts from Mantada Laxmana Rao House (D,No.16-253-16) to Murala Shankara Rao House (D.No.12-554-15), and CC Drain on the north side of Anjaneya Swamy Temple at DT Palem, and CC Drain wall raising from Kommana Naga Japathi House (D.No.12-258-15) to Chala Samba Murthy House (D.No.12-264-15) in the 20'^ Ward of Pedana Municipality under the Gadapa Gadapaku Mana Prabhutvam (GGMP) Programme. The learned counsel further submits that the petitioner duly executed 2. the works and thereafter submitted the final bills for an outstanding amount of Rs.8,15,811.41 PS/- and the EMD amount of Rs.8,159/-. It is submitted that the said final bills were duly endorsed by the competent authority. A statement detailing the works executed by the petitioner was prepared, and the progress of the works was recorded in the M-Book. However, in spite of the completion of all procedural formalities, the payment towards the completed works. including the outstanding amount of Rs.8,15,811.41 PS/- and the EMD amount of Rs.8,159/-, has not been released till date. Heard the learned counsel for the petitioner, the learned Assistant 3. Government Pleader for Municipal Administration and Urban Development; the 4 learned Assistant Government Pleader for Finance & Planning, and the learned Standing Counsel for the respondent Municipality. During the course of hearing, the learned Standing Counsel appearing for the Municipality does not dispute the submissions made by the petitioner with respect to the completion of works undertaken. ■X 4. 5. Considering the submissions, the concerned respondents are hereby directed to verify and release the outstanding and EMD amounts 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. Accordingly, the Writ Petition is disposed off. No costs. Pending miscellaneous petitions, if any, shall stand closed- 6. 7. Sd/- M SRINIVAS ASSISTANT REGiSTRAR / //TRUE COPY// 4v^ SECTION OFFICER To, 1. The PrI. Secretary, Municipal Administration Department, Government ofA.P, AP Secretariat, Amaravati. 2. The Principal Secretary, Finance and Planning Department, Secretariat, Amaravati 3. The Director of Municipal Administration, MA and UD Department Government of Andhra Pradesh at Guntur, AP 4. The District Collector Pradesh 5. The Commissioner, Pedana Municipality, Pedana, Krishna District 6. One CC to Sri Ch. Srinivas, Advocate [OPUC] 7. One CC to M/s. Sireesha Rani Vallabhaneni, SC for Municipalities [OPUC] 8. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 10. Two CD Copies. AP Krishna District at Machilipatnam, Andhra ssb ■.X HIGH COURT •I* DATED:16/10/2025 ORDER WP No. 20599 OF 2024 ^05 NOV 2025 )g) DISPOSING OF THE W.P. WITHOUT COSTS Pradesh [OUT] 10. Two CD Copies. ssb