KESANAKURTI VENKATESWARA RAO v. THE STATE OF ANDHRA PRADESH
WP/29304/2024 · 2025-09-10
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 51618 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51618 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010559272024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29304 OF 2024 Between: Kesanakurti Venkateswara Rao, S/o Veera Bhadra Rao, aged about 63 Occ: Contractor ,R/o 57-9-27 Tillapudi Vari lane, Durga Temple, years, Jagannadapuram, Kakinada, Kakinada District ...PETITIONER AND
1. The State of Andhra Pradesh, Rep by its Principal Secretary, Municipal Development Department, Secretariat Administration and Urban Buildings, Velagapudi, Amaravati. 2. The Commissioner and Director, Municipal Administration and Urban Development Department, Government of Andhra Pradesh, Vijayawada NTR District. 3. The District Collector, Kakinada District, Kakinada. 4. The Municipal Corporation, Kakinada Rep by its Commissioner, Kakinada Town, Kakinada District
5. The Superintendent Engineer, Municipal Corporation, Kakinada, Kakinada District. 6. The Executive Engineer, Municipal Corporation Kakinada, Kakinada District
7. The State of Andhra Pradesh, Rep by its Principal Secretary, Finance Planning Department Secretariat Buildings, Velagapudi, and Amaravathi. ...RESPONDENTS ) Petition under Article 226 of the Constitution of India is filed praying that in the 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 of Mandamus declaring the action on the part of the respondents herein, not releasing and pay the bill amounts worth Rs.9,16,026/- with interest to the petitioner even though total works were executed and completed as illegal, arbitrary and violation of Article 14, 16 and 21 of Constitution of India and Consequentially to direct the respondents to release and pay the bill amounts worth of Rs.9,16,026/- with interest to the petitioner forthwith. nature of Writ of lA NO: 1 OF 2024 Petition under Section 151 CPC is filed 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 release and pay the bill amounts worth of Rs.9,16,026/- with interest to the petitioner forthwith pending disposal of the above writ petition.
Counsel for the Petitioner: M/s. SAMEERA BOKKA Counsel for the Respondent Nos.1 to 3:GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.4 to 6: SRI M. KRISHNA RAO, SC FOR KAKINADA MUNICIPAL CORPORATION Counsel for the Respondent No.7:GP FOR FINANCE PLANNING The Court made the following order:
APHC010559272024 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: 29304/2024 [3457] / Between:
1.KESANAKURTI VENKATESWARA RAO, S/0 VEERA BHADRA RAO AGED ABOUT 63 YEARS, OCC. CONTRACTOR ,R/0 57-9-27 TILLAPUDI VARI LANE.DURGA TEMPLE, JAGANNADAPURAM, KAKINADA, KAKINADA DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY MUNICIPAL DEVELOPMENT DEPARTMENT, VELAGAPUDI.AMARAVATI. 2.THE COMMISSIONER AND DIRECTOR ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA NTR DISTRICT. 3.THE DISTRICT COLLECTOR, KAKINADA DISTRICT, KAKINADA. 4.THE MUNICIPAL CORPORATION, KAKINADA REP BY ITS COMMISSIONER, KAKINADA TOWN, KAKINADA DISTRICT 5.THE SUPERINTENDENT ENGINEER, MUNICIPAL CORPORATION, KAKINADA, KAKINADA DISTRICT. 6.THE EXECUTIVE ENGINEER, MUNICIPAL CORPORATION KAKINADA, KAKINADA DISTRICT 7.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI.
ADMINISTRATION AND URBAN SECRETARIAT BUILDINGS, MUNICIPAL ...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 tomay be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declaring the action on the part of the respondents herein, not releasing and pay the bill amounts worth of Rs.9,16,026/- with interest to the petitioner even though total works were executed and completed as illegal, arbitrary and violation of Article 14, 16 and 21 of Constitution of India and Consequentially to direct the respondents to release and pay the bill amounts worth of Rs.9,16,026/- with interest to the petitioner forthwith and to pass
lA 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 may be pleased to direct the respondents to release and pay the bill amounts worth of Rs.9,16,026/- with interest to the petitioner forthwith pending disposal of the above writ petition and to pass Counsel for the Petitioner:
1.SAMEERA BOKKA Counsel for the Respondent(S): 1.M Krishna Rao SC for ski vzm kkd Municipal Corporations 2.GP MUNCIPAL ADMN AND URBAN DEV AP 3.GP FOR FINANCE PLANNING The Court made the following:
THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29304 OF 2024
ORDER *
1. The''learned counsel for the petitioner submits that the petitioner has awarded the work i.e., Restoration of pot holes by providing and laying of innovative material (Instamix) for pot holes in 7-13, 31, 32 wards in Municpal Corporation to the petitioner vide Agreement / Kakinada No.324/2022-2023, dated 23.03.2023.
learned counsel further submits that the petitioner duly executed the
2. The work and thereafter submitted final bill for an amount of Rs.9,16,026/-. It is submitted that the final bill was duly endorsed by the competent authority. However, in spite of the completion of all procedural formalities, towards the completed works has not been released till the payment date. of the learned counsel for the petitioner, the Pleader for Municipal Administration & Urban learned Standing Counsel for the Corporation and the
3. Heard the submissions learned Government Development, the learned Assistant Government Pleader for Finance and Planning.
4. During the course of hearing, the learned Standing Counsel appearing not dispute the submissions made by the for the Corporation does petitioner with respect to the completion of the work undertaken, the concerned respondents are hereby
5. Considering the submissions
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.
7. Pending miscellaneous petitions, if any, shall stand closed.
Sd/- B. CHITTI JOSEPH DEPUTY REGISTRAR r //TRUE COPY// SECTION OFFICER To
1. The Principal Secretary, Municipal Administration and Urban Development Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati.
2. The Commissioner and Director, Municipal Administration and Urban Development Department, Government of Andhra Pradesh, Vijayawada NTR District.
3. The District Collector, Kakinada District, Kakinada.
4. The Commissioner, Municipal Corporation, Kakinada, Kakinada Town, Kakinada District
5. The Superintendent Engineer, Municipal Corporation, Kakinada, Kakinada District.
6. The Executive Engineer, Municipal Corporation Kakinada, Kakinada District
7. The Principal Secretary, Finance and Planning Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi.
8. One CC to M/s. Sameera Bokka, Advocate [OPUC]
9. One CC to Sri M. Krishna Rao, SC for Kakinda Municipal Corporations [OPUC]
10. Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh. [OUT]
11. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT]
12. Two CD Copies. ssb
HIGH COURT DATED:11/09/2025
ORDER WP No. 29304 OF 2024 ^ 2'I OCT 2025 V^^^sj^rrentSectio^X^ DISPOSING OF THE W.P. WITHOUT COSTS