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High Court of Andhra Pradesh · body

2025 DAILYLAW 4706 (AP)

Vennapusa Nageshwara Reddy, v. The State of AP,

WP/1928/2025 · 2025-02-05

V Sujatha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1928 OF 2Q2fi Between: Vennapusa Nageshwara Reddy, S/o Rama Krishna Reddy Aged about 34 years, Pradesh R/a 1-135, Peddarangapuram, Pulivendula, Cuddapah Andhra ...PETITIONER AND 1. The State of AP, Rep. by its Principal Secretary Finance and Planning Department, Secretariat Buildings, Velagapudi, Amaravathi District. 2. The District collector, Kadapa, YSR Kadapa District. 3. The Municipal Commissioner, Pulivendula Municipality, Pulivendula YSR Kadapa District. 4. The Municipal Engineer, Pulivendula Municipality, Pulivendula Kadapa District. 5. The Assistant Pay and Accounts Officer, (Works and Accounts): Pulivendula YSR Kadapa District. Guntur YSR ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue Writ or Order or a direction, more in the form of WRIT OF MANDAMUS, declaring the action of the Respondents in not making payment of Rs. 5,97,610 (Five Lakhs Ninty Seven Thousand Six Hundred and ten only) to the petitioner for the execution of “Construction of Compound wall and Room to the Ankalamma Temple at Peddarangapura m may Village in Ward No.1 of Pulivendula Municipality YSR Kadapa District” vide Agreement dated 16.02.2024, as highly illegal, irregular, arbitrary, unreasonable, unjustified, unfair and in violation of the Article 14, 19 and 21 of the Constitution of India and consequently direct the Respondents to make the payment of aforementioned amount forthwith along with interest @ 24% P.A., to the petitioner. lA NO: 1 OF 2025 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 an amount Rs. 5,97,610 (Five Lakhs Ninty Seven Thousand Six Hundred and ten only) to the petitioner for the execution of Construction of Compound wall and Room to the Ankalamma Temple at Peddarangapuram Village in Ward No.1 of Pulivendula Municipality YSR Kadapa District vide Agreement dated 16.02.2024, pending disposal of WP.No of 2025 before this Hon’ble Court. Counsel for the Petitioner ; SRI. T NAGARJUNA REDDY Counsel for the Respondent No’s. 1 & 5: GP FOR FINANCE PLANNING Counsel for the Respondent No.2: GP FOR REVENUE Counsel for the Respondent No’s. 3 & 4: GP FOR MUNICIPAL ADMN URBAN DEV The Court made the following ORDER: 1 APHC010036302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1928/2025 Between: ...PETITIONER Vennapusa Nageshwara Reddy, AND ...RESPONDENT(S) The State of A.P. and others Counsel for the Petitioner: 1.TNAGARJUNA REDDY Counsel for the Respondent{S): 1.GP FOR REVENUE 2.GP FOR MUNCIPAL ADMN URBAN DEV 3.GP FOR FINANCE PLANNING The Court made the following: 2 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: to issue Writ or Order or a direction, more in the form of writ of mandamus deciaring the action of the Respondents in not making payment of Rs.5,97,610/- (Five Lakhs Ninty Seven Thousand Six Hundred) to the petitioner for the execution of “Construction of Compound waii and Room to the Ankalamma Temple at Peddarangapuram Village in Ward No. 1 of Pulivendula Municipality, YSR Kadapa District’’ vide Agreement dated 16.02.2024, as highly illegal. Irregular, arbitrary, unreasonable, unjustified, unfair and in violation of the Article 14, 19 and 21 of the Constitution of India and consequently direct the Respondents to make the payment of aforementioned amount forthwith along with interest 24 percent per annum to the petitioner ” Heard learned counsel for the petitioner, learned Government Pleader 2. for Finance and Planning for respondents No.1 and 5, learned Government Pleader for Revenue for respondent No.2 and learned Standing Counsel for Pulivendula Municipality for respondents No.3 and 4. Learned counsel for the petitioner submits that even though 3. respondents admitted that the petitioner is entitled for payment of the aforesaid sum of money, no payment is being made and such non-payment of money is clearly arbitrary and high-handed and thereby requires interference by this Court. At the time of hearing, the learned Standing Counsel for Municipality produced a copy of instructions of the Commissioner, Pulivendula Municipality/3''^ respondent, wherein it is stated that the Government had issued a Budget Release Order for the payment towards the completed works 4. c- 3 in PADA. Accordingly, measurements were recorded, and bills were raised for gross amount of Rs.6,53,841/- and net amount of Rs.5,97,610/- was uploaded in the CFMS portal with token number 2024-1151063, which is awaiting fund clearance. However, the above said amount has not been adjusted to the Pulivendula Municipality funds. It is further stated that once the funds are adjusted to the Pulivendula Municipality, the bills will be paid to the petitioner. In view of the above instructions, since the bill amount claimed by the 5. petitioner is an admitted bill, this Court feels it appropriate to dispose of the writ petition directing the respondents to release amount of Rs.5,97,610/- (Rupees Five lakhs Ninety seven thousand six hundred and ten only) to the petitioner within a period of three (3) months from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. There shall be no order as 6. to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR / //TRUE COPY// OFFICER SE To, 1. The Principal Secretary Finance and Planning Department, State of AP, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District collector, Kadapa, YSR Kadapa District. 3. The Municipal Commissioner, Pulivendula Municipality, Pulivendula, YSR Kadapa District. 4. The Municipal Engineer, Pulivendula Municipality, Pulivendula, YSR Kadapa District. '(4^ 5. The Assistant Pay and Accounts Officer, (Works and Accounts), Pulivendula YSR Kadapa District. 6. One CC to Sri. T Nagarjuna Reddy Advocate [OPUC] 7. Two CCs to GP for Finance Planning, High Court Of Andhra Pradesh. [OUT] 8. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 9. Two CCs to GP for Municipal Admn. & Urban Development, High Court Of Andhra Pradesh. [OUT] Three CD Copies 10. PRK 9 HIGH COURT DATED:05/02/2025 ORDER WP.No.1928 of 2025 * 0 <1 MAR 2025 ml s. . Current aeciivii 4£ffSPATC^ V' DISPOSING OF THE W.P., WITHOUT COSTS