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2025 DAILYLAW 51931 (AP)

Gogulapati Venkateswarlu, v. The State of Andhra Pradesh,

WP/24589/2023 · 2025-09-10

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010475652023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24589/2023 Between: 1. GOGULAPATI VENKATESWARLU,, S/O.G PERAIAH, AGED ABOUT 63 YEARS, OCC CONTRACTOR, R/O. 23-1097, NEAR KANAKA DURGA TEMPLE, VISHUKUNDI NAGAR, VINUKONDA, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, 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 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 JUNIOR ACCOUNT OFFICER JAO, VINUKONDA MUNICIPALITY, VINUKONDA, PALNADU DISTRICT. 7. THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE, 6TH FLOOR, C-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT. ...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 or direction declaring the action of the Respondents not releasing the payment of net balance amount of Rs.4,02,055/- vide M Book No.128/22-23, even after finalizing the bills, payable to the petitioner in relation to the works i.e., Development of Greenery and Beautification from Reddy Nagar Canal Bridge to Karampudi Road along the NSP Canal South side of Vinukonda Municipality, vide Agreement No. 128/2022-23, dated 30.11.2022 is questioned, as the same is illegal, arbitrary and consequently direct the 2 respondents to pay for payment of amounts of Rs.4,02,055/- vide M Book No.128/22-23 with interest 424percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith IA 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 please to direct the respondents to pay for payment of amount of Rs.4,02,055/- vide M Book No.128/22-23 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Development of Greenery and Beautification from Reddy Nagar Canal Bridge to Karampudi Road along the NSP Canal South side of Vinukonda Municipality, vide Agreement No. 128/2022-23, dated 30.11.2022, forthwith, pending disposal of the Writ Petition Counsel for the Petitioner: 1. BATHALA RAMESH 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: 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24589 OF 2023 ORDER : 1. The learned counsel for the petitioner submits that the petitioner has awarded the work i.e., Development of Greenery and Bifurcation from Reddy Nagar Canal Bridge to Karampudi Road along the NSP Canal South side of Vinukonda Municipality to the petitioner under Agreement Nos.128/2022-23, dated 30.11.2022. 2. The learned counsel further submits that the petitioner duly executed all the works and thereafter submitted final bill for an amount of Rs.4,02,055/-. 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 respect to the completion of the work undertaken. 5. Considering the submissions, the concerned respondents are hereby directed to verify and release the payments due payable to the petitioner 4 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. ____________________ JUSTICE HARINATH.N Dated 11.09.2025 KGM 5 238 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.24589 OF 2023 Dated 11.09.2025 KGM