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2025 DAILYLAW 50193 (AP)

GOLLAPALLI APPARAO v. THE STATE OF ANDHRA PRADESH

WP/13691/2025 · 2025-09-24

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010263252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 13691/2025 Between: 1. GOLLAPALLI APPARAO, S/O GOLLAPALLI VISHNUMURTHY AGED 52 YEARS OCC CONTRACTOR R/O D.NO.2-48, RAMALAYAM STREET, PEDDAPURAPPADU, KARAPPA, KAKINADA KAKINADA DISTRICT.-533004 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, , MUNICIPAL ADNNINISTRATION AND URBAN DEVELOPMENT DEPARTMENT 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 CHIEF ENGINEER, KAKINADA SMART CITY CORPORATION LIMITED (KSCCL) KAKINADA, KAKINADA DISTRICT. 4. THE SUPERINTENDING ENGINEER KSCCL KAKINADA SMART CITY CORPORATION LIMITED, KAKINADA, KAKINADA DISTRICT. KAKINADA SMART CITY CORPORATION LIMITED (KSCCL) 5. THE MANAGING DIRECTOR, KAKINADA, KAKINADA DISTRICT. ...RESPONDENT(S): 2 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 total balance amount of Rs.29,79,451/- towards the works done even after finalizing the bills, payable to the petitioner in relation to the work i.e.. Development of Sports Infrastructure in Open Areas in Kakinada Smart City-Phase-ll Indoor Shuttle Courts Package-ll vide Agreement No.19/2018-19 KSCCL/ Sports infra Phase-ll/Pkg-ll/2018/2 dated.13.12.2018 is illegal, arbitrary and consequently direct the respondents to pay for payment of balance amounts of Rs.29,79,451/-, with interest @24 per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith and pass IA 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 PLease to direct the respondents to pay for payment of balance amount of Rs. 29,79,451/-, with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Development of Sports Infrastructure in Open Areas in Kakinada Smart City-Phase-ll Indoor Shuttle Courts Package-ll vide Agreement No.19/2018-19 KSCCL/ Sports infra Phase- ll/Pkg-ll/2018/2 dated.13.12.2018 forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. K B RAMANNA DORA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 13691 of 2025 ORDER: 1. The petitioner is aggrieved by the action of the respondents in not releasing the payment of net total balance amount of Rs.29,79,451/- towards the works done even after finalizing the bills payable to the petitioner in relation to the work i.e., Development of Sports Infrastructure in Open Areas in Kakinada Smart City Phase-ll Indoor Shuttle Courts Packagell vide Agreement No.19/201819 KSCCL/Sports infra Phase- ll/Pkg-ll/2018/2 dated 13.12.2018. 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. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:25.09.2025 NKA 5 293 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 13691 of 2025 Date: 25.09.2025 NKA