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High Court of Andhra Pradesh · body

2025 DAILYLAW 55386 (AP)

P.Hari Babu, v. The State of Andhra Pradesh,

WP/32444/2025 · 2025-11-21

Harinath N

body2025

Judgment text

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APHC010623722025 IN THE HIGH COURT OF ANDHRA PRADESH SATURDAY,THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: Between: 1. P.HARI BABU,, S/O. NAGESWARARAO, AGE 46 YEARS, OCC BUSINESS / CONTRACTOR, R/O. LINGALAPADU (P), NANDIGAMA (M), NTR DISTRICT, ANDHRA PRADESH 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, NTR DISTRICT, VIJAYAWADA 4. THE COMMISSIONER, NAGAR PANCHAYAT, NANDIGAMA 5. THE ASSISTANT EXECUTIVE ENGINEER, NANDIGAMA MUNICIPALITY 6. THE DEPUTY EXECUTIVE ENGINEER, PUBLIC HEALTH, ENGINEERING DEPARTMENT, VIJAYAWADA 7. THE EXECUTIVE ENGINEER, PUBLIC HEALTH, ENGINEERING DEPARTMENT, VIJAYAWADA 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 tomay be pleased to issue a writ order or direction particularly one in the nature of writ of MANDAMUS declaring the action of the respondents in not releasing the payments for the works done by the petitioner in providing precast slabs over drain from Pullaiah house D. No. 31 Rs.2,52,000/-, providing CC Road from Gajendramma kottu to Neelam Srinu house in 18th ward of Nandigama Municipality of Rs.3,36,500/ CC Road from Darelli Rahita to Thudum Kasthuri house in 17th ward ofNandigama Municipality of Rs.2,13,000/ Markapudi Prasad near ELE poll 18w/38 to Shaik Bi house near ELE poll 18w/37 ofNandigama Municipality of Rs.3,1 Shaik Masabi house near ELE poll 17w/12 to Darelli Rahita house in Nandigama Municipality of Rs.3,16,500/ Nagaraju house near ELE poll 18w/20 to Bandi Satyam house near ELE poll IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SATURDAY,THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 32444/2025 P.HARI BABU,, S/O. NAGESWARARAO, AGE 46 YEARS, OCC BUSINESS / CONTRACTOR, R/O. LINGALAPADU (P), NANDIGAMA (M), NTR DISTRICT, ANDHRA PRADESH ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. E DISTRICT COLLECTOR, NTR DISTRICT, VIJAYAWADA THE COMMISSIONER, NAGAR PANCHAYAT, NANDIGAMA THE ASSISTANT EXECUTIVE ENGINEER, NANDIGAMA THE DEPUTY EXECUTIVE ENGINEER, PUBLIC HEALTH, ENGINEERING DEPARTMENT, VIJAYAWADA EXECUTIVE ENGINEER, PUBLIC HEALTH, ENGINEERING DEPARTMENT, VIJAYAWADA ...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 tomay be pleased to issue a writ order or direction particularly one in the nature of writ of MANDAMUS declaring the action of the respondents in not releasing the payments for the works done by the petitioner in providing precast slabs over drain from Vadeli Suri Babu house D. No. 31 Pullaiah house D. No. 31 -68 in 2nd ward Nandigama Municipality of , providing CC Road from Gajendramma kottu to Neelam Srinu house in 18th ward of Nandigama Municipality of Rs.3,36,500/ CC Road from Darelli Rahita to Thudum Kasthuri house in 17th ward ofNandigama Municipality of Rs.2,13,000/-, providing CC Road from Markapudi Prasad near ELE poll 18w/38 to Shaik Bi house near ELE poll 18w/37 ofNandigama Municipality of Rs.3,18,200/-, providing CC Road from Shaik Masabi house near ELE poll 17w/12 to Darelli Rahita house in Nandigama Municipality of Rs.3,16,500/-, providing CC Road from Upputula Nagaraju house near ELE poll 18w/20 to Bandi Satyam house near ELE poll IN THE HIGH COURT OF ANDHRA PRADESH [3457] SATURDAY,THE TWENTY SECOND DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE HARINATH.N P.HARI BABU,, S/O. NAGESWARARAO, AGE 46 YEARS, OCC BUSINESS / CONTRACTOR, R/O. LINGALAPADU (P), NANDIGAMA ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. E DISTRICT COLLECTOR, NTR DISTRICT, VIJAYAWADA THE COMMISSIONER, NAGAR PANCHAYAT, NANDIGAMA THE ASSISTANT EXECUTIVE ENGINEER, NANDIGAMA THE DEPUTY EXECUTIVE ENGINEER, PUBLIC HEALTH, EXECUTIVE ENGINEER, PUBLIC HEALTH, ENGINEERING ...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 tomay be pleased to issue a writ order or direction particularly one in the nature of writ of MANDAMUS declaring the action of the respondents in not releasing the payments for the works done by the petitioner in providing Vadeli Suri Babu house D. No. 31-30 to Dasari 68 in 2nd ward Nandigama Municipality of , providing CC Road from Gajendramma kottu to Neelam Srinu house in 18th ward of Nandigama Municipality of Rs.3,36,500/-, providing CC Road from Darelli Rahita to Thudum Kasthuri house in 17th ward , providing CC Road from Markapudi Prasad near ELE poll 18w/38 to Shaik Bi house near ELE poll , providing CC Road from Shaik Masabi house near ELE poll 17w/12 to Darelli Rahita house in , providing CC Road from Upputula Nagaraju house near ELE poll 18w/20 to Bandi Satyam house near ELE poll 2 18w/22 in 18th ward ofNandigama Municipality of Rs.3,15,300/- and providing CC Road from Nemali Nagendramma house to Dr Pullarao house near ELE poll 17w/60 in 17th ward of Nandigama Municipality of Rs.4,70,500/- totaling Rs.22,22,000 (Twenty Two Lakhs Twenty Two Thousand Rupees only) as bad, illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to forthwith release more the payments due to the petitioner the tune of Rs.22,22,000 (Twenty Two Lakhs Twenty Two Thousand Rupees only) along with interest from the date of entry in M-Books and pass such 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 may be pleased to direct the respondents to forthwith release the payments due to the petitioner to the tune of Rs.22,22,000 (Twenty Two Lakhs Twenty Two Thousand Rupees only) for the works done by the petitioner under ‘Gadapa Gadapaku Mana Prabhutvam’ high impact works in Nandigama Municipality, NTR District and pass such Counsel for the Petitioner: 1. D V SASIDHAR Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. GP FOR FINANCE PLANNING The Court made the following: 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 32444 OF 2025 ORDER : 1. The learned counsel for the petitioner submits that the petitioner has awarded the work i.e., providing Precast Slabs Over Drain from Vadeli Suri Babu House D.No.31-30 to Dasari Pullaiah House D.No31-68 in ward in Nandigama Nagar Panchayat under Gadapa Gadapaku Mana Prabhutvam-HIWID-MAUD-1145-29622 vide agreement No.Comm-45/8, dated 15.06.2023 and also providing CC Road from Shaik Masabi House near Ele Poll No.17 w/12 to Darepalli Rahita house in 17th ward in Nandigama Municipality under Gadapa Gadapaku Mana Prabhutvam (GGMP) Programme-2023-Ramana colony-HIWID-MAUD-1145-28390, vide agreement No.Comm-151, dated 20.02.2024. 2. The learned counsel further submits that the petitioner duly executed all the works and thereafter submitted final bill for an amount of Rs.22,22,000/-. 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, Ms.Sireesha Rani Vallabhaneni, the learned Standing 4 Counsel for the 4th respondent and the learned Assistant Government Pleader for Finance and Planning. 4. During the course of hearing, the learned Standing Counsel appearing for the 4th respondent does not dispute the submissions made by the petitioner with respect to the completion of the work undertaken. 5. Considering the submissions, concerned respondent is hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of six 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. ____________________ JUSTICE HARINATH.N Dated 22.11.2025 KGM 5 5 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.32444 OF 2023 Dated 22.11.2025 KGM