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2025 DAILYLAW 51293 (AP)

SRI VMV KRISHNA PRASAD v. THE STATE OF AP

WP/19344/2024 · 2025-11-12

Harinath N

body2025

Judgment text

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APHC010379922024 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19344/2024 Between: 1. SRI VMV KRISHNA PRASAD, S/O. LATE V. LAKSHMAIAH, AGED 45 YEARS, OCC CONTRACTOR, R/O. DOOR NO. 4 COLONY, DHONE TOWN AND MANDAL, NANDYAL (KUROOL) DISTRICT. A.P., 2. SRI P. GONVIDA RAJULU,, S/O. P. CHINNA LINGAPPA, AGED ABOUT 55 YEARS, OCC CONTRACTOR, R/O. DOOR NO. 8 SRINIVASA NAGAR, DHONE TOWN AND MANDAL, NANDYAL (KURNOOL) DISTRICT. 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS AMARAVATHI, VELAGAPUDI, GUNTUR DISTRICT. 3. THE DHONE MUNICIPALITY, REP. BY ITS COMMISSIONER,DHONE, NANDYAL (KURNOOL) DISTRICT. 4. THE DEPUTY EXECUTIVE ENGINEER, DHONE MUNICIPALITY, DHONE NANDYAL (KURNOOL) DISTRICT. 5. THE ASSISTANT ENGINEER, DHONE MUNICIPALITY, NANDYAL (KURNOOL) DISTRICT. 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 in not releasing the Bill amounts i.e., Rs. 2,68,694/ Road from H. No. 8-1- Municipality vide Agreement No. 14/2023 14.06.2023 and an amount of Rs. 13,25,516 work i.e.. Construction of CC Road from H. No. 4 Reddy House) to Elec.Pone No. SR of Dhone Municipality vide Agreement No. 18/2023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19344/2024 SRI VMV KRISHNA PRASAD, S/O. LATE V. LAKSHMAIAH, AGED 45 YEARS, OCC CONTRACTOR, R/O. DOOR NO. 4-149-49, TEACHERS COLONY, DHONE TOWN AND MANDAL, NANDYAL (KUROOL) SRI P. GONVIDA RAJULU,, S/O. P. CHINNA LINGAPPA, AGED ABOUT 55 YEARS, OCC CONTRACTOR, R/O. DOOR NO. 8 SRINIVASA NAGAR, DHONE TOWN AND MANDAL, NANDYAL (KURNOOL) DISTRICT. ...PETITIONER(S) AND THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS AMARAVATHI, VELAGAPUDI, GUNTUR MUNICIPALITY, REP. BY ITS COMMISSIONER,DHONE, NANDYAL (KURNOOL) DISTRICT. THE DEPUTY EXECUTIVE ENGINEER, DHONE MUNICIPALITY, DHONE NANDYAL (KURNOOL) DISTRICT. THE ASSISTANT ENGINEER, DHONE MUNICIPALITY, NANDYAL (KURNOOL) DISTRICT. ...RESPONDE 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 ring the action of the Respondents in not releasing the Bill amounts i.e., Rs. 2,68,694/- for the execution of work i.e.. Construction of CC -167-100-141 to Elec.Pole No. MDN/4 in Dhone Municipality vide Agreement No. 14/2023-24/E1/CMD F Funds, dated 14.06.2023 and an amount of Rs. 13,25,516-75 Raise for the execution of work i.e.. Construction of CC Road from H. No. 4-149-105 (Hanumanthu Reddy House) to Elec.Pone No. SR-lil-A-2 at Sreeram Nagar in Ward No. 15 y vide Agreement No. 18/2023-24/E 1, dated 18.07.2023 IN THE HIGH COURT OF ANDHRA PRADESH [3457] THURSDAY,THE THIRTEENTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE HARINATH.N SRI VMV KRISHNA PRASAD, S/O. LATE V. LAKSHMAIAH, AGED 45 49, TEACHERS COLONY, DHONE TOWN AND MANDAL, NANDYAL (KUROOL) SRI P. GONVIDA RAJULU,, S/O. P. CHINNA LINGAPPA, AGED ABOUT 55 YEARS, OCC CONTRACTOR, R/O. DOOR NO. 8-140-3, SRINIVASA NAGAR, DHONE TOWN AND MANDAL, NANDYAL ...PETITIONER(S) THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS AMARAVATHI, VELAGAPUDI, GUNTUR MUNICIPALITY, REP. BY ITS COMMISSIONER,DHONE, THE DEPUTY EXECUTIVE ENGINEER, DHONE MUNICIPALITY, THE ASSISTANT ENGINEER, DHONE MUNICIPALITY, NANDYAL ...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 ring the action of the Respondents in not releasing the Bill for the execution of work i.e.. Construction of CC 141 to Elec.Pole No. MDN/4 in Dhone MD F Funds, dated 75 Raise for the execution of 105 (Hanumanthu 2 at Sreeram Nagar in Ward No. 15 24/E 1, dated 18.07.2023 2 payable to the 1st petitioner and an amount of Rs. 2,21,072-00 for execution of work i.e.. Construction of CC Drain from Ambedkar Nagar, Near Driver Prasad House to Existing Drain in Railway Station Road vide Agreement No. 13/2023-24/E1/CMDF Funds, dated 14.06.2023 payable to the 2nd petitioner is illegal, arbitrary, unconstitutional and against the Principles of natural justice and consequently direct the respondents to consider for payment of amounts to the petitioners in respect of execution of afore mentioned works forthwith and pass IA 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 pleased to direct the respondents to consider the payment of amounts i.e., Rs. 2,68,694/- for the execution of work i.e.. Construction of CC Road from H. No. 8-1-167-100-141 to Elec.Pole No. MDN/4 in Dhone Municipality vide Agreement No. 14/2023-24/E 1/CMDF Funds, dated 14.06.2023 and an amount of Rs. 13,22,516-75 Raise for the execution of work i.e.. Construction of CC Road from H. No. 4-149-105 (Hanumanthu Reddy House) to Elec.Pone No. SR-lll-A-2 at Sreeram Nagar in Ward No. 15 of Dhone Municipality vide Agreement No. 18/2023-24/El, dated 18.07.2023 payable to the 1st petitioner and an amount of Rs. 2,21,072-00 for execution of work i.e., Construction of CC Drain from Ambedkar Nagar, Near Driver Prasad House to Existing Drain in Railway Station Road vide Agreement No. 13/2023-24/E 1/CMDF Funds, dated 14.06.2023 payable to the 2nd petitioner pending disposal of the Writ Petition and pass Counsel for the Petitioner(S): 1. G M SWAMULU Counsel for the Respondent(S): 1. Gudapati Lakshminarayana SC For Municipalities in Rayalaseema Region 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. GP FOR FINANCE PLANNING The Court made the following: 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.19344 OF 2024 ORDER : 1. The learned counsel for the petitioner submits that the petitioner has awarded various works under Agreement Nos. 14/2023-24/E1/CMDF Funds, dated 14.06.2023, Agreement No.18/2023-24/E1, dated 18.07.2023, Agreement No.13/2023-24/E1/CMDF Funds, dated 14.06.2023. 2. The learned counsel further submits that the petitioner duly executed all the works and thereafter submitted final and 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, Sri.G.Lakshmi Narayana, the learned Standing Counsel for the respondents 3 to 5 and the learned Assistant Government Pleader for Finance and Planning. 4. During the course of hearing, the learned Standing Counsel appearing for the respondents 3 to 5 does not dispute the submissions made by the petitioner with respect to the completion of the work undertaken and that the non-payment of bills is due to paucity of funds. 4 5. Considering the submissions, concerned respondent is hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of six 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. ____________________ JUSTICE HARINATH.N KGM 5 265 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.19344 OF 2024 Dated 13.11.2025 KGM