GOGULAPATI VENKATESWARLU v. THE STATE OF ANDHRA PRADESH
WP/13218/2024 · 2025-09-15
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 47469 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47469 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010265112024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N / WRIT PETITION NO: 13218 OF 2024 Between: Gogulapati Venkateswarlu, S/o.G Peraiah, Aged about 63 years, Occ Contractor, R/o. 23-1097, near Kanaka Durga Temple, Vishukimdi Nagar, Vinukonda, Guntur District. ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by its Special Chief Secretary, 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. Vinukonda Municipality, Rep. by its Commissioner, Vinukonda, Palnadu District. 5. The Deputy Executive Engineer, Vinukonda Municipality, Vinukonda, Palnadu District. 6. The Assistant Executive Engineer, Vinukonda Municipality, Vinukonda, Palnadu District. Department of Municipal Administration
7. The Junior Account Officer JAO, Vinukonda Municipality, Vinukonda, Palnadu District. 8. The Chief Executive Officer, AP CFMS 6th Floor, C-Block, Anjaneya Towers, Ibrahimpatnam, Krishna District. Office, ...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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs.30,25,025/- vide M Book No. 136/2022-23, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Formation of Giripradakshina road around the Vinukonda Hill (Phase- 1) from 0 plus 350 (NTR Colony) to 0 plus 700 (Honda metlu) i (Municipal General Funds), vide Vinukonda Municipality Agreement No. 156/2022-23,dated 28.10.2022 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for pa3rment of amounts of Book No. 136/2022-23 with in 30,25,025/- vide M interest @24 percentage per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work.
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 for payment of amount of Rs.30,25,025/ vide M Book No. 136/2022-23 with interest @24 percentage delayed amount to the petitioner in per annum for the respect of execution of works i.e. Formation of Giripradakshina road around the Vinukonda Hill (Phase-1) from metlu) in Vinukonda 0 plus 350 (NTR Colony) to 0 plus 700 (Konda Municipality (Municipal General Funds), vide Agreement No. 156/2022-23, dated 28.10.2022, forthwith, pending disposal of the Writ Petition. r Counsel for the Petitioner: SRI BATHALA RAMESH Counsel for the Respondent Nos 1 and 3: GP FOR MUNCIPAL ADMN URBAN DEV / / / Counsel for the Respondent Nos. 4 to 6: SRI M MANOHAR REDDY, SC FOR MAUD Counsel for the Respondent Nos. 2, 7 and 8: GP FOR FINANCE PLANNING The Court made the following order:
1 APHC010265112024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 13218/2024 [3457] / Between;
1.GOGULAPATI VENKATESWARLU, S/O.G PERAIAH, AGED ABOUT 63 YEARS, OCC CONTRACTOR, R/0. 23-1097, NEAR KANAKA DURGA TEMPLE, VISHUKIMDI NAGAR, VINUKONDA, GUNTUR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. SECRETARIAT BUILDINGS, DEPARTMENT OF FINANCE AND PLANNING, 3.THE DIRECTOR OF MUNICIPAL ADMINISTRATION, GORANTLA, GUNTUR, GUNTUR DISTRICT. 4.VINUKONDA MUNICIPALITY, REP. BY ITS COMMISSIONER, VINUKONDA, PALNADU DISTRICT. 5.THE DEPUTY EXECUTIVE ENGINEER, VINUKONDA MUNICIPALITY, VINUKONDA, PALNADU DISTRICT. 6.THE ASSISTANT EXECUTIVE ENGINEER, VINUKONDA MUNICIPALITY, VINUKONDA, PALNADU DISTRICT. 7.THE JUNIOR ACCOUNT OFFICER MUNICIPALITY, VINUKONDA, PALNADU DISTRICT.
8.THE CHIEF EXECUTIVE OFFICER, AP CFMS BLOCK,ANJANEYA JAO, VINUKONDA 6TH FLOOR, C- KRISHNA TOWERS,IBRAHIMPATNAM, DISTRICT. OFFICE,
2 LA I ...RESPONDENT(S): 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 topleased to issue a writ of mandamus or any other appropriate writ direction declaring the action of the Respondents not or releasing the amount of Rs.30,25,025/- vide M Book No. 136/2022-23. even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Formation of Giripradakshina road around the Vinukonda Hill (Phase- 1) from 0 plus 350 (NTR Colony) to 0 plus 700 (Honda metlu) in (Municipal General Funds), vide 28.10.2022 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for pa3rment of amounts of 30,25,025/- vide M Book No. 136/2022-23 with interest @24 percentage per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass Vinukonda Municipality Agreement No. 156/2022-23,dated 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 please to direct the respondents to pay for payment of amount Rs.30,25,025/ vide M Book No. 136/2022-23 with interest of , @24 percentage per annum for the delayed amount to the petitioner in respect of execution of works I.e. Formation of Giripradakshina road around the Vinukonda Hill (Phase-1) from 0 plus 350 (NTR Colony) to 0 plus 700 (Konda metlu) in Vinukonda Municipality (Municipal General Funds), vide Agreement No 156/2022-23, dated 28.10.2022, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner:
1. BATHALA RAMESH Counsel for the Respondent(S):
1.GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR FINANCE PLANNING
3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 13218 of 2024
ORDER:
1. The petitioner is aggrieved by the action of the respondents in not releasing the amount of Rs.30,25,025/- vide M-Book No. 136/2022-23, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Formation of Giripradakshina road around the Vinukonda Hill (Phase-1) from 0+350 (NTR Colony) to 1+700(Konda Metlu) in Vinukonda Municipality (Municipal General Fund) vide Agreement No. 156/2022-23, dated 28.10.2022. 2. The learned counsel further submits that the petitioner duly executed all the works and thereafter submitted final bills. It is submitted that the final bills were duly endorsed by the competent authority. A statement detailing the works executed by the petitioner was prepared, progress of the work was recorded in the M-book and the final quality certificates were also issued in confirmation of due completion. However, in spite of the completion of all procedural formalities, the payment towards the completed works has not been released till date. 3. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration & Urban Development, the learned Standing Counsel for the Corporation and the learned Assistant Government Pleader for Finance and Planning. 4
4. During the course of hearing, the learned Standing Counsel appearing for the Corporation does not dispute the submissions made by the petitioner with respect to the completion of the work undertaken. 5. Considering the submissions, respondents 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. / /
6. Accordingly, the writ petition is disposed of. No costs. As a sequel, miscellaneous applications, pending, if any, shall stand closed. Sd/- K J RAJA BABU ASSISTANT REGISTRAR f //TRUE COPY// SECTOIN OFFICER To,
1. The Special Chief Secretary, Department of Municipal Administration And Urban Development, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The Director of Municipal Administration, Gorantia, Guntur, Guntur District. 4. The Commissioner, Vinukonda Municipality, Vinukonda District. 5. The Deputy Executive Engineer, Vinukonda Municipality, Vinukonda, Palnadu District. 6. The Assistant Executive Engineer, Vinukonda Municipality, Vinukonda, Palnadu District. 7. The Junior Account Officer JAO, Vinukonda Municipality, Vinukonda, Palnadu District. ^
8.
The Chief Executive Officer, AP CFMS 6th Floor, C-Block, Anjaneya Palnadu TrwA/tniro IK k:
/ ;
9. One CC to Sri. Bathala Ramesh Advocate [OPUC] One CC to Sri. M Manohar Reddy SC for Municipal Corporation
10. // [OPUC]
11. Two CCs to GP for Muncipal Admn Urban Dev High Court of Andhra Pradesh [OUT] Two CCs to GP for Finance Planning High Court of Andhra Pradesh [OUT] Two CD Copies
12. 13. GSC
\ HIGH COURT DATED:16/09/2025 \ \ \
ORDER WP NO. 13218 OF 2024 g( 3 0 OCT 2025 i .y^s^urrent bection^^ J DISPOSING THE WP WITHOUT COSTS