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2025 DAILYLAW 51026 (AP)

GOGULAPATI VENKATESWARLU v. THE STATE OF ANDHRA PRADESH

WP/24596/2023 · 2025-09-10

Harinath N

body2025

Judgment text

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APHC01P475792023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE ELEVENTH DAY OF SEPTEMBER)ts*^^!^ TWO THOUSAND AND TWENTY FIVE ^ ^ //; -i:? )0 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24596 DF ono-i Between: Gogulapati Venkateswarlu Contractor, R/o. 23-1097, Vinukonda, Guntur District. S/o. G. Peraiah, Aged about 03 near Kanaka Durga Temple, Vishukundi years, Occ. Nagar, ...PETITIONER ^ AND 1. The State of Andhra Pradesh Rep. by its Special Chief Secretary Department of Municipal Administration Secretariat Buildings, Velagapudi, Amaravathi 2. The State of Andhra And Urban Development J, Guntur District. Pradesh, Rep. by its Principal Secretary, Secretariat Buildings, Department of Finance and Planning Velagapudi, Amaravathi, Guntur District. 3. The Director of Municipal Administration, Gorantia, Guntur, Guntur District. 4. Vinukonda Municipality, Rep. by District. Its Commissioner, Vinukonda, Palnadu 5. The Deputy Executive Engineer Palnadu District. 6. The Assistant Executive Engi Palnadu District. Vinukonda Municipality, Vinukonda ineer, Vinukonda Municipality, Vinukonda, i;'' 7. The Junior Account Officer (JAO), Vinukonda Municipality, Vinukonda, Palnadu District, j 8- The Chief Executive Officer, AP CFMS Office, Anjaneya Towers, Ibrahimpatnam, Krishna District. f 9 6th Floor, C-Block, ...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 payment of net balance amount of Rs.2,96,975/- vide M Book No. 109A/2022-23, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Providing Fencing with Channels and Mesh from NRT Road to Thumsup Gudem Canal Drop on NSP in Vinukonda Muncipality, vide Agreement NO.109A/2022-23, dated 28.09.2022 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.2,96,975/- vide M Book No. 109A/2022-23 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith. 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 the respondents to pay for payment of amount of Rs.2,96,975/- vide M Book No. 109A/2022-23 with interest @ 24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Providing Fencing with Channels and Mesh from NRT Road to Thumsup Gudem Canal Drop on NSP in Vinukonda Muncipality, vide Agreement No.109A/2022-23, dated 28.09.2022, forthwith, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI BATHALA RAMESH Counsel for the Respondent Nos.1 & 3:GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 8: GP FOR FINANCE & PLANNING Counsel for the Respondent Nos.4 to 7:M/s. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES / The Court made the following order: APHC010475792023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE ELEVENTH DAY*OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24596/2023 [3457] Between: 1 GOGULAPATI VENKATESWARLU, S/O.G PERAIAH, AGED ABOUT 63 YEARS, OCC. CONTRACTOR, R/0. 23-1097, NEAR KANAKA DURGA TEMPLE, VlSHUKUNDl NAGAR, VINUKONDA, GUNTUR DISTRICT. ...PETITIONER AND 1 THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY DEPARTMENT OF MUNICIPAL ADMINISTRATION SECRETARIAT BUILDINGS, AND URBAN DEVELOPMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2 THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUbi, AMARAVATHI, GUNTUR DISTRICT 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 MUNICIPALITY, VINUKONDA, PALNADU DISTRICT. 7.THE JUNIOR ACCOUNT OFFICER JAO, MUNICIPALITY, VINUKONDA, PALNADU DISTRICT. 8 THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE, 6TH FLOOR, C-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT. VINUKONDA ASSISTANT EXECUTIVE ENGINEER, VINUKONDA ...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 writ of mandamus or any other pleased tomay be pleased to issue a . * * appropriate writ or direction declaring the action of the Respondents not releasing the payment of net balance amount of Rs.2,96,975/- vide M Book No. 109A/2022-23, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Providing Fencing with Channels and Mesh from NRT Road to Thumsup Gudem Canal Drop on NSP in Vinukonda Muncipality, vide Agreement No.109A/2022-23, dated 26.09.2022 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to' pay for payment of amounts of Rs.2,96,975/- vide M Book No. 109A/2022-23 with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass such 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 may please to direct the respondents to pay for payment of amount of Rs.2,96,975/- vide M Book No. 109A/2022-23 with interest (a),24percent per annum for the delayed amount to the petitioner in respect of execution of works i.e. Providing Fencing with Channels and Mesh from NRT Road to Thumsup Gudem Canal Drop on NSP in Vinukonda Muncipality vide Agreement No.109A/2022-23, dated 28.09.2022, forthwith, pending disposal of the Writ Petition and pass such Counsel for the Petitioner: 1.BATHALARAMESH Counsel for the Respondent(S): 1.GP FOR FINANCE PLANNING 2.GP FOR MUNCIPAL ADMN URBAN DEV 3.M MANOHAR REDDY (SC FOR MUNC AND MUNC CORP ) The Court made the following: f' THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24596 OF 2023 ORDER: 1. The learned counsel for the petitioner submits that the petitioner has awarded the work i.e., Providing Fencing with Channels and Mesh from NRT Road to Thumsup Gudem Canal Drop on NSP in Vinukonda Municipality vide an agreement No.109A/2022-23, dated 28.09.2022. 2. The learned counsel further submits that the petitioner duly executed all the works and thereafter submitted final bill for an amount of Rs.2,96,975/. 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. 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 respectto the completion of the work undertaken. 5. Considering the submissions, respondents 2 and 8 are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of four 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. ^Cl/- K.J.RAJA BABU assistant registrar V //TRUE COPY// SECTION OFFICER To, , Department of Municipal Administration of Andhra Pradesh, Secretariat 1. The Special Chief Secretary And Urban Development, Buildings, Velagapudl, Amaravathi, Guntur District. Principal Secretary, Department of Finance Secretariat Buildings, Velagapudl, Amaravathi, State and Planning, State of 2. The Andhra Pradesh, Guntur District. 3. The Director District. 4. The commissioner, Vinukonda Municipality, Vinukonda, District. 5. The Deputy Executive Engineer Palnadu District. 6. The Assistant Executive Engineer, Vinukonda Municipality. Vinukonda, Palnadu District. 7. The Junior Account Officer (JAO), Vinukonda Municipality, Vinukonda, Palnadu Dietriqt. 8. The Chief Anjaneya Towers, Ibrahimpatnam, Krishna District. 9. One CC to Sri Bathala Ramesh, Advocate [QPUC] M/s. Sireesha of Municipal Administration, Gorantia, Guntur, Guntur Palnadu , Vinukonda Municipality, Vinukonda, Executive Officer, AP CFMS Office, 6th Floor, Q-Block, SC for Vallabhaneni, Rani CC to 10. One Mun\cipalities[OPUCl 11. Two CCs to Pradesh [OUT] 12. Two CCs to GP for High Court of Andhra Pradesh. [OUT] 13. Two CD Copies and Planning, High Court of Andhra GP for Finance Municipal Administration and Urban Development high court DATED; 11/09/2025 ORDER WP No. 24596 OF 2023 'S 23 OCT 2025 . ^.^^ntSecUgpx''^ ^2£££SI-"’‘ ^ m o> o disposing of the W.P. WITHOUT COSTS