Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 48918 (AP)

P TRINADHA RAO v. THE STATE OF ANDHRA PRADESH

WP/3927/2023 · 2025-09-23

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010077302023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 3927/2023 Between: 1. P TRINADHA RAO, S/O. P SURYANARAYANA, AGED ABOUT 54 YEARS, OCC. CONTRACTOR, R/O. D.NO. 37-12-45/10, NGO'S COLONY, MURALI NAGAR (EAST), VISAKHAPATNAM, PINCODE. 530007. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION 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 VISAKHAPATNAM METROPOLITAN REGION DEVELOPMENT AUTHORITY VMRDA, REP. BY ITS COMMISSIONER, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 4. THE CHIEF ENGINEER, VISAKHAPATNAM METROPOLITAN REGION DEVELOPMENT AUTHORITY (VMRDA), VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 5. THE SUPERINTENDING ENGINEER, VMRDA, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 6. THE EXECUTIVE ENGINEERVI, VMRDA, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 7. THE DEPUTY EXECUTIVE ENGINEER, VMRDA, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 8. THE DISTRICT COLLECTOR, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. R8 IS IMPLEADED AS PER THE ORDER OF THIS COURT, DT.22.09.2023 VIDE ORDER PASSED IN I.A.2 OF 2023. 2 ...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 or direction declaring the action of the Respondents not releasing the payment of net balance amount Rs.8,93,520/- vide M Book No.03/2019/EE-VI, even after finalizing the bills, payable to the petitioner in relation to the works i.e., Construction of Auditorium in the Hon'ble District Court Complex, Visakhapatnam, vide Agreement No. 2/2019-20/CE/EE-VI/VMRDA, dated 03.05.2019 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.8,93,520/- vide M Book No.03/2019/EE-VI with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass IA NO: 1 OF 2023 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 for payment of amount of Rs.8,93,520/- vide M Book No.03/2019/EE-VI with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of works i.e. Construction of Auditorium in the Hon'ble District Court Complex, Visakhapatnam, vide Agreement No. 2/2019-20/CE/EE-VI/VMRDA, dated 03.05.2019, forthwith, pending disposal of the Writ Petition and pass IA NO: 2 OF 2023 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 implead the proposed Respondent No.8 in the above Writ Petition and pass Counsel for the Petitioner: 1. BATHALA RAMESH Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR MUNCIPAL ADMN URBAN DEV 3. V SURYA KIRAN KUMAR (SC FOR VMRDA and MUDA) 4. Somisetty Ganesh Babu SC For VUDA and MUDA 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 3927 of 2023 ORDER: 1. The petitioner is aggrieved by the action of the respondents in not releasing the payment of net balance amount Rs.8,93,520/- vide M Book No.03/2019/EEVI, even after finalizing the bills payable to the petitioner in relation to the works i.e., Construction of Auditorium in the District Court Complex Visakhapatnam, vide Agreement No.2/201920/CE/EEVI/VMRDA dated 03.05.2019. 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. 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. 4 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. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:24.09.2025 NKA 5 373 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 3927 of 2023 Date: 24.09.2025 NKA