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2025 DAILYLAW 52791 (AP)

VALLABHASHETTI SATYANARAYANA v. THE STATE OF ANDHRA PRADESH

WP/35647/2025 · 2025-12-29

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010690522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 35647/2025 Between: 1.VALLABHASHETTI SATYANARAYANA, S/O VALLABHASHETTI SURYARAO,AGED 71, R/O D.NO.4-132, KOTHAPETA, VADDI VARI CENTER,GOLLAPROLU MANDAL, KAKINADA DISTRICT-533445. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPT, OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, BLOCK NO.2, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522237 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522237. 3.THE GOLLAPROLU NAGAR PANCHAYAT, REP. BY ITS COMMISSIONER, GOLLAPROLU, KAKINADA DISTRICT-533445. 4.THE ENGINEERINCHIEF, PUBLIC HEALTH,GARUDA APARTMENTS, TADEPALLI, GUNTUR DISTRICT-522501. 5.THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE RAJAMAHENDRAVARAM-533101. 6.THE DEPUTY EXECUTIVE ENGINEER, PUBLIC HEALTH CIRCLE, KAKINADA-533001. 7.THE PAY AND ACCOUNTS OFFICER, KAKINADA DISTRICT-533001 ...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 tohereby prayed that this Writ of Mandamus declaring the action of the Respondents in not releasing the balance payment of Rs. 11,94,730/- (Rupees Eleven Lakhs Ninety Four Thousand Seven Hundred and Thirty only) payable to the petitioner in relation to work namely Providing CC roads and drains to area in between main road to Northern boundary of EBC colony and 2nd main road to Puntha road of EBC colony (EBC colony package-4) (work no.5) within the limits of 3rd respondent, as illegal. arbitrary and violative of Article-44 and 21 of the Constitution of India apart from Principles of Natural Justice and consequently direct the respondents to forthwith disburse the amount of Rs. 11,94,730/- (Rupees Eleven Lakhs Ninety Four Thousand 2 Seven Hundred and Thirty only) to the petitioner with interest @24percentage per annum in respect of above- mentioned works 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 please to direct the respondents to forthwith release the balance payment of Rs. 11,94,730/- (Rupees Eleven Lakhs Ninety Four Thousand Seven Hundred and Thirty only) payable to the petitioner in relation to work namely Providing CC roads and drains to area in between main road to Northern boundary of EEC colony and 2nd main road to Puntha road of EEC colony (EEC colony package-4) (work no.5) within the purview of S^d respondent, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1.P VIVEK Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING The Court made the following: 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 35647/2025 ORDER: The learned counsel for the petitioner submits that the petitioner was awarded the work of providing CC roads and drains to Area in between main road to Northern boundary of EBC Colony and 2nd main road to Puntha road of EBC Colony of Gollaprolu Nagar Panchayat. 2. The learned counsel further submits that the petitioner duly executed all the said work and thereafter submitted the final bills. The respondent authority failed to release the balance amount of Rs.11,94,730/-, which remain unpaid. A statement detailing the work executed by the petitioner was also prepared progress of the work was recorded in the M-book. 3. Heard the submissions of the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development, the learned Standing Counsel for the 3rd respondent and the learned Assistant Government Pleader for Finance and Planning. 4. During the course of hearing, the learned Assistant Government Pleader for Municipal Administration and Urban Development on written instructions submits that an amount of Rs.24,34,272/- has already been paid to the petitioner, and the balance amount of Rs.11,36,221/- remains payable. The 3rd respondent is now in the process of obtaining approval from the Municipal Council, subsequent to which the proposal forwarded by the 1st respondent for release of the balance amount will be acted upon. 4 5. Considering the submissions, the concerned respondents are hereby directed to verify and release balance payment of an amount of Rs.11,36,221/- as expeditiously as possible preferably within a period of four (04) weeks from the date of receipt of a copy of this order. 6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. 7. Pending miscellaneous petitions, if any, shall be closed. ___________________ JUSTICE HARINATH.N KGM 5 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 35647/2025 Dated 30.12.2025 KGM