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2025 DAILYLAW 47002 (AP)

J. Rambabu, v. The State of Andhra Pradesh,

WP/25783/2025 · 2025-09-21

Harinath N

body2025

Judgment text

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3 V. APHC010493772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) o MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25783 OF 2025 Between: J. Rambabu, S/o. J. Verriyya, Aged about 42 years, Occ. Contractor, R/o. D.No. 6-65, Devaguptam, Allavaram. Dr. B. R. Ambedkar Konaseema District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Municipal Administration Department, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Finance Department, Amaravathi, Thullur Mandal, Guntur District. 3. The Director of works and Account Officer, Anjaneya Towers, Ibrahimpatnam, Krishna District. 4. The District Collector and District Magistrate, (MA and UD) Amalapuram, Dr. B. R. Ambedkar Konaseema District. 5. The Commissioner and Director of Municipal Administration Krishna Enclave, Gorantia, Guntur, Guntur District. 6. The Mummidivaram Nagara Panchyat, Rep. by its Commissioner, Dr. B. R. Ambedkar Konaseema District. 7. The Executive Engineer, Amalapuram, Dr. B. R. Ambedkar Konaseema District. Secretariat, Secretariat, Velagapudi, Sri t 8. The Deputy Executive Engineer, Amalapuram, Dr. B. R. Ambedkar Konaseema District. 9. The Assistant Engineer, Mummidivaram Nagara Panchyat Ambedkar Konaseema District. rP Dr. B. R. ...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 an appropriate Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing the total due payments of Rs.32,10,093/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., i) Agreement No. 85/2023-24 Dt.06.12.2023 for vide M. Book. No. 52/2022-23 for Rs. 3,18,000/-, ii) Agreement No. 89/2023-24, Dt. 06.12.2023 for vide M. Book No. 54/2022-23 for Rs. 3,50,635/-, iii) Agreement No. 101/2023-24, Dt. 08.01.2024 vide M. Book. No. 62/2022-23 for Rs. 1,89,166/-,iv) Agreement No. Dt.06.12.2023 vide M. Book No. 61/2022-23 for Rs.3,30,070/-, v) Agreement No. 70/2023-24, Dt. 23.11.2023 for vide M. Book No. 88/2023-24, 49/2022-23 for Rs. 19,02,965/-, Vi) Agreement No. 47/2022-23, Dt. 01.02.2023 for vide M. Book No. 25A/2022-23 for Rs. 1,19,257/- above (06) works was sanction under Gadapa Gadapaku Mana Prabhutvam (GGMP) Grant, total pending bills amount of Rs.32,10,093/- in Mummidivaram Nagara Panchyat, Dr. B. R. Ambedkar Konaseema District through the Agreements, as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release the pending bills total amount of Rs.32,10,093/- with interest at 18% for the pending bills forthwith for above said works executed by the petitioner the lA NO: 1 OF 2n2fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fiied in support of the petition, the High Court may be pleased to direct the respondents releasing the Final Bills of total amount worth of Rs.32,10,093/- with interest @ 18 % for the works executed by the petitioner for the various works under Gadapa Gadapaku Mana Prabhutvam (GGMP) Grant, in Mummidivaram Nagara Panchyat, Dr. B. R. Ambedkar Konaseema District through the Agreements forthwith, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI ANNAMNEEDI BALAKRISHNA Counsel for the Respondents No.1, 4, 5: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondents No.2, 3: GP FOR FINANCE AND PLANNING Counsel for the Respondents No.6 to 9: M/S. SIREESHA RANI VALABHANENI, Standing Counsel The Court made the following order: % HC010493772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] Sly MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25783/2025 Between: J. Rambabu, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEVAP 2.GP FOR FINANCE PLANNING The Court made the following: 2 W.P. No.25783 OF 2025 Date of order: 22.09.2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.25783 OF 2025 ORDER 1. This writ petition is filed aggrieved by the action of the respondents for non-payment of the bills for the works undertaken by the petitioner. 2. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Adniinistration and Urban Development, the learned Assistant Government Pleader for Finance and Planning, and the learned Standing Counsel for the respondent- corporation. 3. The learned counsel fbr the petitioner submits that the petitioner has executed the works, viz., (i) Construction of CC Drain from existing CC Road to Dangeti Sriramulu House D.No.3-86 at Pallipalem in 2"'^ ward, vide agreement No.85/2023-24, dt.06.12.2023; (ii) Construction of CC Drain from existing CC Road to Pitani Subramanyam D.No. 3-105/1 House at Pallipalem in 3"'^ ward, vide agreement No.89/2023-24, dt.06.12.2023, (iii) Construction of CC Drain from Vasamsetti Sakkubai D.No. 11-48 House to Seelam Satyanarayana D.No.11-44 House at . Agraharam Badava in 7*^ Ward, vide agreement No. 101/2023-24, dt.08.01.2024: (iv) Construction of CC Drain from Seelam Narasimha Murthy D.No. 11-51 House to Seelam Nageswara Rao D. No. 11-53/2 House in Agraharam Badava ward, vide agreement No.88/2023-24, dt.06.12.2023; (v) Providing BT Road from Sanaboyina Trinadha Rao 3 W.P. No.25783 OF 2025 Date of order: 22.09.2025 it! House D.No. 817 to Ganti Dorababu House D.No. 8-8-214 at ^ Surayicheruvu in 8*^ ward, vide agreement No.47/2022-23 dt.01.02.2023, as entrusted by the 6‘^espondent-Corporation. 4. The learned counsel further submits that the all the works to the satisfaction of the 6^^ petitioner duly executed respondent and thereafter submitted final bilisfor a sum of Rs.32,10,093/-. It is submitted that the progress of the work was recorded in the M book and the bills were approved. However, no payment has been forthcoming. 5. During the course of the hearing, the learned Standing Counsel appearing for the respondent does not dispute the submissions made by the petitioner with respect to the completion of the work undertaken. 6. Considering the submissions. respondents 2, 3, 5 & 6 are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible, preferably within a period of six (06) weeks from the date of receipt of a copy of this order. 7. Accordingly, the writ petition is disposed of. No costs. 8. Pending miscellaneous petitions, if any, shall stand closed. Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// 0 To. SECTION OFFICER Pradesh, Secretariat, Velagapudi, 1. The Principal Secretary to Government, State of Andhra Municipal Administration Department, Amaravathi, Thullur Mandal, Guntur District. 2. The Principal Secretary to Government, State of Andhra Pradesh Finance Department, Secretariat, Velagapudi Mandal, Guntur District. Amaravathi, Thullur 3. The Director of works and Account Officer, Anjaneya Towers, Ibrahimpatnam, Krishna District. 4. The District Collector and District Magistrate, (MA and UD) Amalapuram, Dr. B. R. Ambedkar Konaseema District. 5. The Commissioner and Director of Municipal Administration, Sri Krishna Enclave, Gorantia, Guntur, Guntur District. 6. The Commissioner, Mummidivaram Nagara Panchyat, Dr. B. R. Ambedkar Konaseema District. 7. The Executive Engineer, Amalapuram, Dr. B. R. Ambedkar Konaseema District. 8. The Deputy Executive Engineer, Amalapuram, Dr. B. R. Ambedkar Konaseema District. 9. The Assistant Engineer, Mummidivaram Nagara Panchyat, Dr. B. R. Ambedkar Konaseema District. 10. One CC to SRI ANNAMNEEDI BALAKRISHNA Advocate [OPUC] 11. Two CCs to GP FOR MUNCIPAL ADMN AND URBAN DEV, High Court of Andhra Pradesh [OUT] 12. Two CCs to GP FOR FINANCE AND PLANNING High Court of Andhra Pradesh [OUT] 13. Two CD Copies gsg HIGH COURT DATED:22/09/2025 ORDER WP NO. 25783 OF 2025 of U 17 OCT 2025 c? •, rf»r Co O >s4^ent SectiouXw DISPOSING THE WP WITHOUT COSTS /