GOGULAPATI VENKATESWARLU v. THE STATE OF ANDHRA PRADESH
WP/24609/2023 · 2025-09-10
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 53493 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53493 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010475612023 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: 24609 OF 2023 Between: Gogulapati Venkateswarlu, S/o.G Peraiah, Aged about 63 years, Occ. R/o. 23-1097, near Kanaka Durga Temple, Vishukundi Contractor, Nagar, Vinukonda, Guntur District. ...Petitioner AND
1. The State Of Andhra Pradesh, Rep. by its Special Chief Secretary, And Urban Development, Department of Municipal Administration Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Secretariat Buildings, Department of Finance and Planning, Velagapudi, Amaravathi, Guntur District. 3. The Director of Municipal Administration, Gorantia, 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 Assistant Executive Engineer, Vinukonda Municipality,Vinu konda Planadu District
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7. The Junior Account Officer JAO, Vinukonda Municipality, Vinukonda, T 'Palnadu District. 1='
8. The Chief Executive Officer, , AP CFMS Office, 6th Floor, C-Block, Anjaneya Towers, Ibrahimpatnam, Krishna District. ...Respondents 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 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.4,59,409/- vide M Book No. 102/2022-23, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Removal of Jungle and Site Clearence for Vehicle Parking Area and Electrical Prabhalu from Ghat Road Entrance to Vellaturu Road for festival of toliyakadasi in Vinukonda Municipality, vide Agreement No. 102/2022-23, dated 18.08.2022 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.4,59,409/- vide M Book No. 102/2022-23 with interest @24percent annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith.
per lA 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 to direct the respondents to pay for payment of amount of Rs.4,59,409/- vide M Book No.102/2022-23 with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of works i.e. Removal of Jungle and Site Clearence for Vehicle Parking Area and Electrical Prabhalu from Ghat Road Entrence to Vellaturu Road for festival of toliyakadasi in Vinukonda Municipality, vide Agreement No. 102/2022-23, dated 18.08.2022, forthwith, pending disposal of the Writ Petition. a Counsel for the Petitioner: SRI BATHALA RAMESH Counsel for the Respondent Nos.2 & 8: GP FOR FINANCE PLANNING Counsel for the Respondent Nos.1,3,5,6:GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent Nos.4 & 7: SRI M MANOHAR REDDY (SC FOR MUNC AND MUNC CORP ) The Court made the following order:
APHC010475612023 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: 24609/202.^ [3457] Between:
1.GOGULAPATI VENKATESWARLU, S/0 G PERAIAH 63 YEARS, OCC. CONTRACTOR, R/0. DURGA TEMPLE, VISHUKUNDI NAGAR DISTRICT. AGED ABOUT 23-1097, NEAR KANAKA VINUKONDA, GUNTUR -PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIFF SECRETARY, DEPARTMENT OF MUNICIPAL AND URBAN ADMINISTRATION x/c. development, secretariat BUILDINGS VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT ^ ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT • OF FINANCE AND PLANNING ofsTR^CT^'^^ buildings, VELAGAPUDI, AMARAVATHI, GUNTUR 3.THE DIRECTOR OF MUNICIPAL ADMINISTRATION GUNTUR, GUNTUR DISTRICT. 4.VINUKONDA MUNICIPALITY, VINUKONDA, PALNADU DISTRICT 5 THE DEPUTY EXECUTIVE ENGINEER, VINUKONDA VINUKONDA, PALNADU DISTRICT 6.THE ASSISTANT EXECUTIVE ENGINEER MUNICIPALITY,VINUKONDA PLANADU DISTRICT 7.THE JUNIOR ACCOUNT OFFICER JAO MUNICIPALITY, VINUKONDA, PALNADU DISTRICT 8.THE CHIEF EXECUTIVE OFFICER C-BLOCK, ANJANEYA TOWERS district. gorantla, BY ITS COMMISSIONER, municipality. REP.
VINUKONDA VINUKONDA AP CFMS OFFICE, 6TH FLOOR, IBRAHIMPATNAM, KRISHNA Constitution of Ind'i’i^praying mat^[n the n affidavit filed therewith, the High Court may be pleased omay be pleased to issue a writ of mandamus or any othet appropriate writ or direction declaring the action of the Respondents not nIi 10^/202? vide M Book No, 102/2022-23, even after finalizing the bills, payable to the petitioner in relation to the works i,e.. Removal of Jungle and Site Clearence for Vehicle Parking Area and Electrical Prabhalu from Ghat Road Entrance to Vellaturu
Road for festival of toliyakadasi in Vinukonda Municipality, vide Agreement No. ^ 0212022-23, dated 18.08.2022 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.4,59,409/- vide M Book No. 102/2022-23 with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass such lA 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 may please to direct the respondents to pay for payment of amount of Rs.4,59,409/- vide M Book No. 102/2022-23 with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of works i.e. Removal of Jungle and Site Clearance for Vehicle Parking Area and Electrical Prabhalu from Ghat Road Entrance to Vellaturu Road for festival of toliyakadasi in Vinukonda Municipality, vide Agreement No. 102/2022-23, dated 18.08.2022, forthwith, pending disposal of the Writ Petition and pass such 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:
THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24609 OF 2023
ORDER:
1. The learned counsel for the petitioner submits that the petitioner has awarded the work i.e., Removal of Jungle and Site Clearance For Vehicle Parking Area and Electrical Prabhalu from Ghat Road Entrance to Vellaturu Road for festival of Toliyakadasi in Vinukonda Municipality vide an agreement No. 102/2022-23, dated 18.08.2022.
2. The learned counsel further submits that the petitioner duly executed all the works and thereafter submitted final bill for an amount of Rs.4,59,409/. 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, respondents 2 and 8 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, the writ petition is disposed of. No costs. As a sequel, miscellaneous applications, pending, if any, shall stand closed.
Sd/-B PRASADA RAO DEPUTY REGISTRAR /II //TRUE COPY// SECTION OFFICER To,
1. The Special Chief Secretary, Administration Department of Municipal Secretariat Buildings. And Urban Development, Velagapudi, Amaravathi, Guntur District.
2. The Principal Secretary, Department of Finance Secretariat Buildings. Velagapudi, Amaravathi, Guntur District.
3. The Director of Municipal Administration, Gorantia, Guntur, Guntur District. and Planning
4. Commissioner, Vinukonda Municipality, Vinukonda, Palnadu District.
5. The Deputy Executive Engineer, Vinukonda Municipality, Vinukonda, Palnadu District. Assistant
6. The Executive Municipality,Vinukonda Planadu District
7. The Junior Account Officer JAO, Vinukonda Municipality, Vinukonda, Palnadu District.
8. The Chief Executive Officer, , AP CFMS Office, 6th Floor, C-Block, Anjaneya Towers, Ibrahimpatnam, Krishna District.
9. One CC to SRI. BATHALA RAMESFI Advocate [OPUC] Two CCs to GP FOR FINANCE Andhra Pradesh [OUT] Two CCs to GP FOR MUNCIPAL ADMN URBAN Court of Andhra Pradesh [OUT] One CC to SRI. M MANOHAR REDDY (SC FOR MUNC AND MUNC CORP ) Advocate [OPUC] Two CD Copies. Engineer, Vinukonda
10. PLANNING High Court of
11. DEV High
12.
13. AL
HIGH COURT TL DATED:11/09/2025 -1 ? 7 nrj 90':,™ : l £ / Uul /Jj/J ★\Wrtiii oetuun/^ V
ORDER WP NO. 24609 OF 2023 DISPOSING OF THE W.P. WITHOUT COSTS