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High Court of Andhra Pradesh · body

2025 DAILYLAW 47825 (AP)

M JAYARAMULU v. The State of Andhra Pradesh,

WP/29174/2024 · 2025-01-05

K Manmadha Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010568082024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) , y. 0£' SATURDAY,THE THIRTIETH DAY OF AUGUST TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29714 OF 2024 Between: V V Sambasiva Sri Krishna, S/o. Satyanarayana, aged 47 years, R/o. Neredupalli Village, P. C. Palli (M), Prakasam District-523117. ...Petitioner AND 1. The State Of Andhra Pradesh, Rep by its Principal Secretary, Municipal Administration and Urban Development Department, Velagapudi, Amaravathi, Guntur District. Secretariat 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Velagapudi, Amaravathi, Guntur District. 3. The EngineerinChief, Public Health Department Tadepalli, Guntur District 4. The Commissioner, Secretariat Buildings, Garuda Enclave, Commissioner and Director of Muncipal Administration, Prime Hill Crest, Near DGP Office, Beside Ultra Tech Readymix Plant, Vaddeswaram Village, Mangalagiri, Guntur District. 5. The Regional Director, Municipal Administration Development Department, Padmini Enclave, 4/7 Annapurna Nagar, 5th Lane, Guntur District. and Urban 6. The Collector and District Magistrate, Ongole, Prakasam District. 7. The Chief Planning Officer, Ongole, Prakasam District. I i 8. The Superintending Engineer, Public Health Circle Office, Nellore, Nellore District. 9. The Executive Engineer, Public Health Division, Ongole, Prakasam District. 10. The Deputy Executive Engineer, Public Health Sub-Division, Kanigiri, Prakasam District. The Kanigiri Municipality, Rep.by its Commissioner, Kanigiri, Prakasam District. The Senior Accounts Officer, Kanigiri Municipality, Kanigiri, Prakasam District. The Senior Assistant Officer, Kanigiri Municipality, Kanigiri, Prakasam District. The Assistant Engineer, Kanigiri Municipality, Kanigiri, Prakasam 11. 12. 13. 14. District. 15. The Pay and Accounts Officer, Department of Works and Accounts, NSP Pelluru Colony, Near Nagarjuna University, Ongole, Prakasam 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 order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in withholding the payments of Rs. 32,85,282/- (Rupees Thirty-Two Lakhs Eighty-Five Thousand Two Hundred and Eighty-Two Only) for the works executed by the petitioner as bad, illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and consequently direct the respondents to pay the amounts of Rs. 32,85,282/- (Rupees Thirty-Two Lakhs Eighty-Five Thousand Two Hundred and Eighty-Two Only) payable to the petitioner for the works executed by the petitioner. 1A 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 consider the representation of the petitioner, dated 23/10/2024, for releasing the amounts payable to the petitioner, pending disposal of the writ petition. Counsel for the Petitioner: SRI BANDLA PAVAN Counsel for the Respondent Nos.11 to 14: M/S SIREESHA RANI VALLABHANENI, Standing Counsel For Municipalities Counsel for the Respondent Nos.3,8,9,10: GP FOR PUBLIC HEALTH Counsel for the Respondent Nos.1,5,6,4,7: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondent Nos.2 & 15: GP FOR FINANCE PLANNING The Court made the following order: APHC010568082024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] SATURDAY,THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29714/2024 Between: 1.V V SAMBASIVA SRI KRISHNA, S/O. SATYANARAYANA, AGED 47 YEARS, R/0. NEREDUPALLI VILLAGE, P. C. PALLI (M), PRAKASAM DISTRICT-523117. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, 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 ENGINEERINCHIEF, PUBLIC HEALTH DEPARTMENT, GARUDA ENCLAVE, TADEPALLI, GUNTUR DISTRICT 4. THE COMMISSIONER, COMMISSIONER AND DIRECTOR OF MUNCIPAL ADMINISTRATION, PRIME HILL CREST, NEAR DGP OFFICE, BESIDE ULTRA TECH READYMIX PLANT, VADDESWARAM VILLAGE, MANGALAGIRI, GUNTUR DISTRICT. 5. THE REGIONAL DIRECTOR, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, PADMINI ENCLAVE, 4/7 ANNAPURNA NAGAR, 5TH LANE, GUNTUR DISTRICT. 6. THE COLLECTOR AND DISTRICT MAGISTRATE, ONGOLE, PRAKASAM DISTRICT. 7. THE CHIEF PLANNING OFFICER, ONGOLE, PRAKASAM DISTRICT. 8. THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE OFFICE, NELLORE, NELLORE DISTRICT. 9. THE EXECUTIVE ENGINEER, PUBLIC HEALTH DIVISION, ONGOLE, PRAKASAM DISTRICT. 10.THE DEPUTY EXECUTIVE ENGINEER, PUBLIC HEALTH SUB DIVISION, KANIGIRI, PRAKASAM DISTRICT. 11.THE KANIGIRI MUNICIPALITY, REP.BY ITS COMMISSIONER, KANIGIRI, PRAKASAM DISTRICT. 12.THE SENIOR ACCOUNTS OFFICER, KANIGIRI MUNICIPALITY, KANIGIRI, PRAKASAM DISTRICT. 13.THE SENIOR ASSISTANT OFFICER, KANIGIRI MUNICIPALITY, 2 KANIGIRI. PRAKASAM DISTRICT. 14.THE ASSISTANT ENGINEER, KANIGIRI MUNICIPALITY PRAKASAM DISTRICT. 15.THE PAY AND ACCOUNTS OFFICER, DEPARTMENT AND ACCOUNTS, NSP PELLURU COLONY, UNIVERSITY, ONGOLE, PRAKASAM DISTRICT KANIGIRI, OF WORKS NEAR NAGARJUNA D « ...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 f^eased topieased to issue a writ order or direction, more particularly one in lY® Mandamus, declaring the action of the respondents in withholding the payments of Rs. 32,85,282/- (Rupees Thirty-Lo Lakhs Eighty-Five Thousand Two Hundred and Eighty-Two Only) for the works executed by the petitioner as bad, illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and consequently direct the respondents to pay the amounts of Rs. 32,85,282/- (Rupees Thirty-Two Lakhs Eighty-Five Thousand Two Hundred and Eighty-Two Only) payable petitioner for the works executed by the petitioner and lA NO: 1 OF 2024 to the pass in th Pi'^ying that in the circumstances stated in the affidavit filed in support of the petition, the High Court pleased to direct the respondents to consider the petitioner, dated 23/10/2024, for releasing the petitioner, pending disposal of the writ petition and Counsel for the Petitioner; 1.BANDLA PAVAN Counsel for the Respondent(S): 1.GP FOR PUBLIC HEALTH ZSireesha Rani Vallabhaneni,Standing Counsel For Municipalities 3. GP FOR PUBLIC HEALTH 4.GP FOR FINANCE PLANNING 5.GP MUNCIPAL ADMN AND URBAN DEV AP 6.GP FOR FINANCE PLANNING The Court made the following: may be pleased representation of the amounts payable to the pass ! 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29714/2024 ORDER: Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development, the learned Assistant Government Pleader for Finance & Planning, and the learned Standing Counsel for the Municipality. The learned counsel for the petitioner submits that the petitioner entered into agreement with the 11respondent for supply of drinking water as per the works entrusted and subsequently submitted the relevant bills, which were duly approved. It is further submitted that, though the bills were approved, the amounts have not been released. The respondents have also not disputed the fact that the petitioner supplied drinking water as per the works entrusted. Considering the submissions, there shall be a direction to the respondents to verify and release the payments as expeditiously as possible, preferably within a period of six (06) weeks from the date of receipt of a copy of this order. 5. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. 2. 3. 4. Pending miscellaneous petitions, if any, shall stand cljpl^d 6. Sd/- N. NAGAMMA ASSISTANT REGISTRAR SECTI^ //TRUE COPY// OFFICER To, 1. The Principal Secretary, Municipal Administration and Development Department, Secretariat, Velagapudi, Guntur District. Urban Amaravathi, 2. The Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The Engineer in Chief, Public Health Department, Garuda Enclave, Tadepalli, Guntur District 4. The Commissioner, Commissioner and Director of Muncipal Prime Hill Crest, Near DGP Office, Beside Ultra Administration, Tech Ready mix Plant, Vaddeswaram Village, Mangalagiri, Guntur District. 5 jhe Regional Director, Municipal Administration and Urban Development Department, Padmini Enclave, 4/7 Annapurna Nagar, 5th Lane, Guntur District. 6. The Collector and District Magistrate, Ongole, Prakasam District. 7. The Chief Planning Officer, Ongole, Prakasam District. 8. The Superintending Engineer, Public Health Circle Office, Nellore, Nellore District. 9. The Executive Engineer, Public Health Division, Ongole, Prakasam District. 10. The Deputy Executive Engineer, Public Health Sub-Division, Kanigiri, Prakasam District. 11. The Commissioner, Kanigiri Municipality, Kanigiri, Prakasam District. 12. The Senior Accounts Officer, Kanigiri Municipality Prakasam District. 13. The Senior Assistant Officer, Kanigiri Municipality, Kanigiri, Prakasam District. 14. The Assistant Engineer, Kanigiri Municipality, Kanigiri, Prakasam District. 15. The Pay and Accounts Officer, Department of Works and Accounts, NSP Pelluru Colony, Near Nagarjuna University, Ongole, Prakasam District. 16. One CC to Sri. Bandia Pavan, Advocate [OPUC] 17. Two CCs to GP For Public Health, Pradesh [OUT] Kanigiri, High Court of Andhra 18. One CC to M/S Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities Advocate [OPUC] Two CCs to GP For Finance Planning, Fligh Court of Andhra Pradesh [OUT] Two CCs to GP for MUNCIPAL ADMN AND URBAN DEV, High Court of Andhra Pradesh [OUT] Two CD Copies. 19. 20. 21. AL HIGH COURT DATED:30/08/2025 ORDER WP NO. 29714 OF 2024 ^ 1 t SEP 2025 1 JSCa'rei'tSwtjiBX*^ CJI I .Co DISPOSING OF THE W.P. WITHOUT COSTS