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2025 DAILYLAW 52678 (AP)

M/s. Sri Venkateswara Enterprises, v. State of Andhra Pradesh

WP/21792/2025 · 2025-09-10

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010416742025 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: 21792/2025 Between: 1. M/S. SRI VENKATESWARA ENTERPRISES,, H.NO. 6-86, DUVVADA SECTOR-1, APN COLONY, VISAKHAPATNAM, REPRESENTED BY ITS MANAGING PARTNER AMARAPINNI APPALARAJU. 2. AMARAPINNI APPALARAJU,, S/O. RAMU NAIDU, AGED 43 YEARS, OCC- CONTRACTOR, R/O. H.NO. 6-86, DUVVADA SECTOR-1, APN COLONY, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT. 3. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, SRI KRISHNA ENCLAVE, GORANTIA, GUNTUR, GUNTUR DISTRICT 4. THE AMADALAVALASA MUNICIPALITY, REPRESENTED BY ITS COMMISSIONER, AMADALAVALASA, SRIKAKULAM DISTRICT. 5. THE ASSISTANT ENGINEER, AMADALAVALASA MUNICIPALITY, SRIKAKULAM 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, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing the payments for the works i.e., i) Laying pipeline in Chintada SC colony 7th ward of Amadalavalasa Municipality through the Agreement No. 2016-2017 for an amount of Rs. 10,64,062/-, ii) Extension of distribution pipeline in SC area of Gedelavaripeta of Amadalavalasa Municipality through the Agreement No. /2017-2018, dated 25-07-2018 for an amount of Rs.6,82,218/- and iii) Extension of distribution pipeline in S.C. area in 1st ward of Amadalavalasa Municipality through the Agreement No. /2018-2019, dated 17-09-2019 for an 2 amount of Rs.7,90,121/- totaling an amount of Rs.25,36,401/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs.25,36,401/- forthwith for the above said works executed by the petitioners 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 pleased to direct respondents to consider for payment of amounts of Rs. 25,16,401/- for the works executed by the petitioners for i) Laying pipeline in Chintada SC colony 7*^ ward of Amadalavalasa Municipality through the Agreement No. 2016-2017 for an amount of Rs. 10,64,062/-, ii) Extension of distribution pipeline in SC area of Gedelavaripeta of Amadalavalasa Municipality through the Agreement No. /2017-2018, dated 25-07-2018 for an amount of Rs.6,82,218/- and iii) Extension of distribution pipeline in S.C. area in 1®* ward of Amadalavalasa Municipality through the Agreement No. /2018- 2019, dated 17-09-2019 for an amount of Rs.7,90,121/- totaling an amount of Rs.25,36,401/- forthwith, pending disposal of the main Writ Petition and pass Counsel for the Petitioner(S): 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 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: 21792 OF 2025 ORDER : 1. The learned counsel for the petitioner submits that the petitioner was awarded the work i.e., Laying pipeline in Chintada SC colony 7th ward of Amadalavalasa Municipality, Extension of distribution pipeline in SC area of Gedelavanipeta of Amadalavalasa Municipality and Extension of distribution pipeline in SC area in 1st ward of Amadalavalasa Municipality under three different agreements. 2. The learned counsel further submits that the petitioner duly executed all the works and thereafter submitted final bill. It is submitted that the final bills were duly endorsed by the competent authority and raised the payments for the works completed and the part of the amounts have been released and part of the amounts have withheld though the works were completed in-time. The competent authority has also approved the payment, however, the bills were not released. The work was also completed and the payment was also recommended and there is no valid reason for withholding the same. 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 Counsel appearing for the respondents do 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 as expeditiously as possible preferably within a period of four weeks from the date of receipt of a copy of this order. 6. Accordingly, this Writ Petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N KGM 5 253 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.21792 OF 2025 Dated 11.09.2025 KGM