APHC010464882023 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24265 OF 2023 Between: Maddala Dharmaji Rao, S/o. Rangarao, aged 47 years, Occ. Contractor, R/o. T 41, Sri Chakra Arcade, JN Road, Vikas Nagar, Danavaipeta, Raj amahendravaram. East Godavari District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Municipal Administration Department Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. 2. State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Department, Guntur District. 3. The Director of works and Account Officer, Nidhi Bhavan, Mangalagiri IT Park, Behind APIIC Building, Mangalagiri, Guntur District. 4. The Commissioner and Director of Municipal Administration, Sri Krishna Enclave, Gorantia, Guntur, Guntur District. 5. The Nidadavole Municipality, Rep. by its Commissioner, Nidadavole, West Godavari District. 6. The Deputy Executive Engineer, The Nidadavole Municipality, Nidadavole, West Godavari District. 1. The Municipal Assistant Engineer, The Nidadavoie Municipaiity Nidadavole, West Godavari District. ...Respondents Article 226 of the Constitution of India praying that in the Petition under 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 or any other appropriate writ or direction declaring the action of the respondents in not releasing the payments for the works i.e., i) Formation of Internal roads with quarry rubbish and gravel for housing sites R.S.No. 857-2, 2A,2B,3, 3A, 5, 858, 858-1,2,3,4, 861-3, 874, 875-1, 2A, 2B, 876-1,2,3, 877-2 road Nos. 1-24 (Ac.38.82 cents) in Y.S.R.Nagar near oldage amount of Rs. home in ward No. 28 of Nidadavole Municipality for an of Internal roads with quarry rubbish and gravel for 22,45,979/-, ii) Formation housing sites R.S.No. 857-2. 2A,2B.3, 3A, 5, 858, 858-1,2,3,4, 861-3, 874, 875-1, 2A, 2B, 876-1,2,3, 877-2 road Nos. 25-54 (Ac.38.82 cents) in Y.S.R.Nagar near oldage home in ward No. 28 of Nidadavole Municipality for an amount of Rs. 22,80,688/-, iii) Formation of Internal roads with quarry rubbish and gravel for housing sites R.S.No. 857-2, 2A,2B,3, 3A, 5, 858, 858- 2A, 2B, 876-1,2,3, 877-2 road Nos. 55-81 ward No. 28 of 1,2,3,4, 861-3, 874, 875-1 (Ac.38.82 cents) in Y.S.R.Nagar near oldage home in Nidadavole Municipality for an amount of Rs. 17,94,789/- and iv) Formation of rubbish and gravel for housing sites R.S.No. 857-2, Internal roads with quarry 2,3,4. 861-3, 874, 875-1. 2A, 2B, 876-1,2,3, 877-2 2A,2B,3, 3A, 5, 858, 858-1 road Nos. 82-102 (Ac.38.82 cents) in Y.S.R.Nagar near oldage home in ward No. 28 of Nidadavole Municipality for an amount of Rs. 18,88,801/- totaling for an amount of Rs. 82,10.257/- as illegal, arbitrary and violative of Art 14 and 21 of India and consequently direct the respondent authorities to of Constitution release Rs. 82,10,257/- petitioner. forthwith for the above said works executed by the m \ 0 lA 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 to direct respondents to consider for payment of amount of Rs. 82,10,257/- for the works executed by the petitioner for i) Formation of Internal roads with and gravel for housing sites R.S.No. 857-2, 2A,2B,3, 3A, 5, quarry rubbish 858, 858-1,2.3,4, 861-3, 874, 875-1, 2A, 2B, 876-1,2,3, 877-2 road Nos. 1-24 (Ac.38.82 cents) in Y.S.R.Nagar near oldage home in ward No. 28 of amount of Rs. 22,45,979/-, ii) Formation of Nidadavole Municipality for an Internal roads with quarry rubbish and gravel for housing sites R.S.No. 857-2, 858-1,2,3,4, 861-3, 874, 875-1, 2A, 2B, 876-1,2,3, 877-2 2A,2B,3, 3A. 5, 858 road Nbs. 25-54 (Ac.38.82 cents) in Y.S.R.Nagar near oldage home in ward Nidadavole Municipality for an amount of Rs. 22,80,688/-, iii) No. 28 of Formation of Internal roads with quarry rubbish and gravel for housing sites 3A, 5, 858, 858-1.2,3,4, 861-3, 874, 875-1, 2A, 2B, R.S.No. 857-2, 2A,2B,3, 877-2 road Nos. 55-81 (Ac.38.82 cents) in Y.S.R.Nagar near 876-1,2,3, oldage home in ward No. 28 of Nidadavole Municipality for an amount of Rs. 17,94,789/-and iv) Formation of Internal roads with quarry rubbish and gravel R.S.No. 857-2, 2A,2B,3, 3A, 5, 858, 858-1,2.3.4, 861-3, 874, for housing sites 875-1, 2A, 2B, 876-1,2,3, 877-2 road Nos. 82-102 (Ac.38.82 cents) in Y.S.R.Nagar near oldage home in ward No. 28 of Nidadavole Municipality for amount of Rs. 82,10,257/- amount of Rs. 18,88,801/- totaling for an forthwith, pending disposal of the main Writ Petition. an Counsel for the Petitioner; SRI RAMBABU KOPPINEEDI Counsel for the Respondent No.1 & 4: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent Nos. 5 to 7: SMT. SIREESHA RANI VALLABHANENI (SC FOR MUNICIPALITIES) Counsel for the Respondent Nos. 2 & 3; GP FOR FINANCE & PLANNING The Court made the following order: APHC010464882023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] / MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24265/2023 Between: 1.MADDALA DHARMAJI RAO, S/0. RANGARAO, AGED 47 YEARS, OCC. CONTRACTOR, R/O. T 41, SRI CHAKRA ARCADE, JN ROAD, VIKAS NAGAR, DANAVAIPETA, RAJ AMAHENDRAVARAM, EAST GODAVARI DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL MUNICIPAL ADMINISTRATION DEPARTMENT SECRETARY SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL GUNTUR DISTRICT. 2.STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARIAT, THULLUR MANDAL, GUNTUR FINANCE DEPARTMENT, SECRETARY VELAGAPUDI, AMARAVATHI DISTRICT. 3.THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, NIDHI BHAVAN, MANGALAGIRI IT PARK, BEHIND APIIC BUILDING, MANGALAGIRI, GUNTUR DISTRICT. 4.THE ADMINISTRATION, GUNTUR, GUNTUR DISTRICT. 5.THE NIDADAVOLE MUNICIPALITY, REP. BY ITS COMMISSIONER, NIDADAVOLE, WEST GODAVARI DISTRICT. COMMISSIONER AND DIRECTOR OF MUNICIPAL SRI KRISHNA ENCLAVE, GORANTLA, “ V I HN<^ W.P.No.24265_20^3 6.THE DEPUTY EXECUTIVE ENGINEER THE NIDADAVOI F UNICIPALITY, NIDADAVOLE, WEST GODAVARI DISTRICT. 7.THE MUNICIPAL ASSISTANT ENGINEER THE NIDADAVOI F municipality. NIDADAVOLE, WEST GODAVARI DISTRICT. ...RESPONDENT(S): Constitution of India praying that in the p eas^f i" H^^h'courtly e particularly one in the nature of WRIT OF MANDAMUS nr anv nth^r appropriate writ or direction declaring the action of the respondents in not quar™"!ubto^'’^''T"‘" °f eternal roads with q arry rubbish and gravel for housing sites R.S No 857-2 2A 2B 3 3A (AcafaVoen;:; V ,2,3, 8772“ad Nos ' ' I ''' near oldage home in ward No. 28 of idadavole Municipality for an amount of Rs 22 45 979/- in Formptinn 2A,2B.3, 3A, 5, 858, 808-1,2.3,4, 861-3, 874, 875-1 2A 2B 876 1 2 3 «77 o N"'28°:f "'Nidit^'f dadavole Municipality for an amount of Rs. 22 80 688/- iiil Formation of Internal roads with quarny rubbish and gravel for houslq sites !lria ’^h^' ® (Ac.38.82 cents) in Y.S.R.Nagar near 17 9r78ra d “rp ^°' Nidadavole Municipality for an amount of Rs. 1 r ,94,789/- and iv) Formation of Internal roads with for housing sites R.S.No. 857-2, 2A,2B,3, 875-1, 2A, 2B, 876-1,24 877-2 ’ 1-24 of quarry rubbish and gravel 3A, 5, 858. 858-1,2,3,4, 861-3, 874 Yc^RMono IP u (Ac.38.82 cents) in ^S.R.Nagar near oldage home in ward No. 28 of Nidadavole Municipality for n amount of Rs. 18,88,801/-totaling for an amount of Rs 82 10 257/ Illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs 82 10 257/ forthwith for the above said works executed by the petitioner and pass such as IA NO: 1 OF 2023 in rrfl circumstances stated the affidavit filed in support of the petition, the High Court may be pleased Rr''82^0 257! f'° “"^Wer for payment of amount of Rs. 82,10,257/- for the works executed by the petitioner for i) Formation of 1 3 HNJ W.P.No.24265 2023 Internal roads with quarry rubbish and gravel for housing sites R.S.No. 857-2, 2A,2B,3, 3A, 5, 858, 858-1,2,3,4, 86I-.3, 874, 875-1,2A, 2B, 876-1,2,3, 877-2 road Nos. 1-24 (Ac.38.82 cents) in Y.S.R.Nagar near oldage home in ward No. 28 of Nidadavole Municipality for an amount of Rs. 22,45,979/-, ii) Formation of Internal roads with quarry rubbish and gravel for housing sites R.S.No. 857-2, 2A,2B,3, 3A, 5, 858, 858-1,2,3,4, 861--3, 874, 875-1, 2A, 2B, 876-1,2,3, 877-2 road Nos. 25-54 (Ac.38.82 cents) in Y.S.R.Nagar near oldage home in ward No. 28 of Nidadavole Municipality for an amount of Rs. 22,80,688/-, iii) Formation of Internal roads with quarry rubbish and gravel for housing sites R.S.No. 857-2, 2A,2B,3, 3A, 5, 858, 858-1,2,3,4, 861-3, 874, 875-1, 2A, 2B, 876-1,2,3, 877-2 road Nos. 55-81 (Ac.38.82 cents) in Y.S.R.Nagar near oldage home in ward No. 28 of Nidadavole Municipality for an amount of Rs. 17,94,789/- and iv) Formation of Internal roads with quarry rubbish and gravel forhousing sites R.S.No. 857-2, 2A,2B,3, 3A, 5, 858, 858- 1,2,3,4, 861-3, 874, 875-1, 2A, 2B, 876-1,2,3, 877-2 road Nos. 82-102 (Ac.38.82 cents) in Y.S.R.Nagar near oldage home in ward No. 28 of Nidadavole Municipality for an amount of Rs. 18,88,801/- totaling for amount of Rs. 82,10,257/-forthwith, pending disposal of the main Writ Petition and pass such Counsel for the Petitioner: 1.RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1.GP FOR FINANCE PLANNING 2.GP FOR MUNCIPAL ADMN URBAN DEV an 4 .0 HN, J W.P.No.24265 2023 This Court made the following Order:- Heard the learned counsel appearing for the petitioner, the learned Assistant Government Pleader for Municipal Administration appearing for the respondent Nos.1 and 4, the learned Assistant Government Pleader for Finance appearing for respondent Nos.2 and 3. 2. Learned counsel for the petitioner submits that the petitioner has completed the works under Agreement Nos. 4/2020-21, 5/2020-21, 6/2020- 217/2020-21 and 8/2020-21, dated 08.06.2020, entrusted by the respondent- corporation, and has submitted the final bills. 3. 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. 4. Accordingly, this Writ Petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, sh^stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Municipal Administration Department 1. The Principal Secretary, Secretariat, Vetagapudi, Amaravathi, Thullur Mandal, Guntur District 2. The Principal Secretary, Finance Department, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. Director of works and Account Officer, Nidhi Bhavan. Mangalagiri i, Guntur District, of Municipal Administration, Sri Krishna 3. The IT Park, Behind APIIC Building, Mangalagiri 4. The Commissioner and Director Gorantia, Guntur, Guntur District. Enclave, 5. The Commissioner Nidadavole, West Nidadavole Municipality Godavari District. 6. The Deputy Executive Engineer, The Nidadavole, West Godavari District. 7. The Municipal Assistant Engineer, The Nidadavole Municipality Nidadavole Municipality, Nidadavole, West Godavari District. Rambabu Koppineedi, Advocate [OPUC] i Vallabhaneni (SC for Municipalities), 8. One CC to Sri 9. One CC to Smt. Sireesha Rani Advocate [OPUC] 10. Two CCS to GP for Muncipal Admn Pradesh [OUT] 11. Two CCS to GP for Finance & Planning, [OUT] 12. Two CD Copies. Urban Dev, High Court of Andhra High Court of Andhra Pradesh TF • The Typographical mistake, order of the date in Preamble portion is corrected. Substitute this amended order in place of earlier order which was dispatched on 28.08.2025. Sd/- M. SRINIVAS ASSISTANT REGISTRAR Note i! HIGH COURT u DATED:28/07/2025 AMENDED ORDER WP NO. 24265 OF 2023 0 7 NOV rrentSectioflx%5^ ov Vd DISPOSING OF THE W.P., WITHOUT COSTS