GOGULAPATI VENKATESWARLU v. THE STATE OF ANDHRA PRADESH
WP/24597/2023 · 2025-09-10
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 55795 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 55795 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010475582023 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: 24597 OF 2023 Between: Gogulapati Venkateswarlu, S/o.G Peraiah, Aged about 63 years, Occ. Contractor, R/o. 23-1097, near Kanaka Durga Temple Nagar, Vinukonda, Guntur District. Vishukundi ...Petitioner AND
1. The State Of Andhra Pradesh, Rep. by its Special Chief Secretary, 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, 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, Vinukonda, Palnadu District. Department of Municipal Administration Secretariat Buildings,
■ 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. A t ...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. 17,77,652/- vide M Book No. 68A/2022-23, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Completion of Balance works of Garbage Transfer Station (Construction of Shed, Platform, Office room and toilets) in Navaz kunta in 16th ward in Vinukonda Municipality under 15th Finance Commission Grant, vide Agreement No. 68/2022-23, dated 29.06.2022 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs. 17,77,652/- vide M Book No. 68A/2022-23 with interest (44 percentage 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.
17,77,652/- vide M Book No. 68A/2022-23 with interest 424perecentage per annum for the delayed amount to the petitioner in respect of execution of works i.e. Completion of Balance works of Garbage Transfer Station (Construction of Shed, Platform, Office room and toilets) in Navaz kunta in 16th ward in Vinukonda Municipality under 15th Finance Commission Grant, vide Agreement No. 68/2022-23, dated 29.06.2022, forthwith, pending disposal of the Writ Petition. 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 to 7: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No.4: SRI M MANOHAR REDDY (SC FOR MUNCANDMUNC CORP ) The Court made the following order: l.
APHC010475582023 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: 24597/20?.? [3457] Between:
1.GOGULAPATI VENKATESWARLU, S/O.G PERAIAH 63 YEARS, OCC. CONTRACTOR, R/O. 23-1097, NEAR KANAf^ DURGA TEMPLE, VISHUKUNDI NAGAR, VINUKONDA, GUNTUR DISTRICT. ...PETITIONER 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 ASSISTANT EXECUTIVE ENGINEER, VINUKONDA MUNICIPALITY, VINUKONDA, PALNADU DISTRICT 7.THE JUNIOR ACCOUNT MUNICIPALITY, VINUKONDA, PALNADU DISTRICT. 8.THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE 6TH FLOOR C-BLOCK, ANJANEYA TOWERS DISTRICT.
AND OFFICER JAO, VINUKONDA IBRAHIMPATNAM, KRISHNA ^ ...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. 17,77,652/- vide M_ Book No. 68A/2022-23, even after finalizing the bills, payable to the petitioner in relation to the works i.e. Completion of Balance works of Garbage Transfer Station (Construction o.’ Shed, Platform, Office room and toilets) in Navaz kunta in 16th ward in of
percentage per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and ^ lA NO: 1 OF 202.? pass in the^fffi!r" TnZ ^'■"'''■"9 Circumstances stated it^ the affidavit filed in support of the petition, the High Court may be pleased Rs"lT77°652TvWa"M%^"T°^"""n'L‘° oT a^o^nf^l Rs. 17,77,652/- Vide M Book No. 68A/2022-23 with interest 424perecentaqe per annum for the delayed amount to the petitioner in respect of execution of Tron't'-'r- ^^^bage' TransferslaJon (Construction of Shed, Platform, Office room and toilets) in Navaz kunta in 16th ward in Vinukonda Municipality under 15th Finance Commission vide Agreement No. 68/2022-23, dated 29 06 2022 disposal of the Writ Petition and 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: Grant, forthwith, pending pass
THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24597 OF 2023
ORDER:
1. The learned counsel for the petitioner submits that the petitioner has awarded the work i.e., Completion of Balance works of Garbage Transfer Station (construction of shed, platform, Office room and toilets) in Navazkunta in 16"^ ward in Vinukonda Municipality under 15'^ Finance Commission Grant vide an agreement No.68/2022-23, dated 29.06.2022.
2. The learned counsel further submits that the petitioner duly the works and thereafter submitted final bills for Rs. 17,77,652/-. It is submitted that the final bills executed all an amount of 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 verify and release the respondents 2 and 8 are hereby directed to
"J* payments due payable to the petitioner expeditiously as possible preferably within a period of six weeks from the date of receipt of a copy of this order. as
6. Accordingly, the writ petition is disposed of. No As a sequel, miscellanreous applications costs. pendinpu Sd/-B PRASADA RAO DEPUTY REGISTRAR closed.
//TRUE COPY// SECTION OFFICER To, ^ InH Secretary, Department And Urban Development, Amaravathi, Guntur District. of Municipal Administration Secretariat Buildings, Velagapudi,
5. Th“fy1xecLte°E™inetT''''r’ Palnadu District. ^ Municipality, Vinukonda,
6. The Assistant Executive Engineer Vinukonda, Palnadu District. T. The Junior Account Officer JAO Palnadu District.
8. The Chief Executive Officer, AP CFMS Office r 9 One CC ot srT in in • ^ATHALA RAMESH Advocate ropi in Andhra Pradesh [‘ou?r Two CD Copies. Vinukonda Municipality, Vinukonda Municipality, Vinukonda, 6th Floor, C-Block
11. DEV High REDDY (SC FOR MUNC AND
12.
13. AL
HIGH COURT TL DATED:11/09/2025 M ^ 3 OCT 2025 )= V^££«SeclioiKi^
ORDER WP NO. 24597 OF 2023 DISPOSING OF THE W.P. WITHOUT COSTS