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2025 DAILYLAW 54730 (AP)

GOGULAPATI VENKATESWARLU v. THE STATE OF ANDHRA PRADESH

WP/24598/2023 · 2025-09-10

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010475832023 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: 24598 OF 2023 Between: 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, 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 Junior Account Officer JAO, Vinukonda Municipality, Vinukonda, Palnadu District. 7. The Chief Executive Officer, AP CFMS Office, Anjaneya Towers, ibrahimpatnam, Krishna District. 6th Floor, C-Block, ^ ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the Fligh 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.3,91,878/- vide M Book No. 125/22-23, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Development of Greenery and Beautification from Vishnu kundi Nagar Canal Bridge to Karampudi Road along the NSP Canal North side of Vinukonda Municipality, vide Agreement No. 125/2022-23, dated 28.10.2022 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.3,91,878/- vide M Book No. 125/22-23 with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith. 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.3,91,878/- vide M Book No. 125/22-23 with interest (a 24percent per annum for the delayed amount to the petitioner in respect of execution of works i.e. Development of Greenery and Beautification from Vishnu kundi Nagar Canal Bridge to Karampudi Road along the NSP Canal North side of Vinukonda Municipality, vide Agreement No. 125/2022-23, dated 28.10.2022, forthwith, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI BATHALA RAMESH Counsel for the Respondent Nos.2 & 7: GP FOR FINANCE PLANNING Counsel for the Respondent Nos.1,3,5: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent Nos.4 & 6: SRI M MANOHAR REDDY (SC FOR MUNC AND MUNC CORP ) The Court made the following order; APHC010475832023 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: 24598/2023 [3457] Between; 1.GOGULAPATI VENKATESWARLU, S/O.G PERAIAH, AGED ABOUT 63 YEARS, OCC. CONTRACTOR, R/0. 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.3,91,878/- vide M Book No. 125/22-23, even after finalizing the bills, payable to the petitioner in relation to the works i.e., Development of Greenery and Beautification from Vishnu kundi Nagar Canal Bridge to Karampudi Road along the NSP Canal North side of Vinukonda Municipality, vide Agreement No. 125/2022-23, dated 28.10.2022 is questioned, as the same is illegal, arbitrary and consequently direct the of amounts of Rs.3,91,878/- vide M Book No. 125/22-23 with interest @24percent per annum for the delayed amount to the Pa respect of execution of above-mentioned work forthwith and lA NO: 1 OF 2023 pass under Section 151 CPC praying that in the circumstances stated m 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.3,91,878/- vide M Book No. 125/22-23 with interest (a 24percent per annum for the delayed amount to the petitioner in respect of execution of works re. Development of Greenery and Beautification from Vishnu kundi Nagar Canal Bridge to Karampudi Road along the NSP Canal North side of Vinukonda Municipality, vide Agreement No. 125/2022-23, dated 28.10.2022 forthwith, pending disposal of the Writ Petition and pass 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 ye* WRIT PETITION NO: 24598 OF 2023 ORDER: 1. The learned counsel for the petitioner submits that the petitioner has awarded the work i.e., Development of Greenery and Beautification from Vishnu kundi Nagar Canal Bridge to Karampudi Road along with the NSP Canal North side of Vinukonda Municipality vide an agreement No, 125/2022-23, dated 28.10.2022. 2. The learned counsel further submits that the petitioner duly executed all the works and thereafter submitted final bills for an amount of Rs.3,91,878/-. 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, to verify and release the respondents 2 and 7 are hereby directed payments due payable to the petitioner a period of four weeks from as expeditiously as possible preferably within 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 pendir^g|| if any, shall stand RAO DEPUTY registrar closed. //TRUE COPY// / SECTION OFFICER To, ^ And ^Urban ^ment of Municipal Administration tarav^h- GunTufS' qorr Secretary, Department of Finance and Planninq 3 The oTrectn?'' f '^"'^'‘^''athi, Guntur District. I he Director of Municipal Administration District. Gorantia, Guntur, Guntur 5 ?he7inul’v"Fir"f Municipality, Vinukonda, Palnadu District. Pafnadu Distfter Municipality, Vinukonda, ® Sfnadu Disfricr"' Municipality, Vinukonda, 7. The Chief Executive Officer, AP CFMS Office, 6th Floor C-Block Anjaneya Towers, Ibrahimpatnam, Krishna District 8. One CC to SRI. BATHALA RAMESH Advocate [OPUC] 9. 9. Two CCS to GP FOR FINANCE Andhra Pradesh [OUT] Two CCs to GP FOR MUNCIPAL ADMN Court of Andhra Pradesh [OUT] One CC to SRI. M MANOHAR REDDY MUNC CORP ) Advocate [OPUC] Two CD Copies. PLANNING High Court of 10. URBAN DEV High (SC FOR MUNC AND 11. 12. AL ■ 'r' '■■■ HIGH COURT TL DATED:11/09/2025 ORDER WP NO. 24598 OF 2023 DISPOSING OF THE W.P. WITHOUT COSTS