GOGULAPATI VENKATESWARLU v. THE STATE OF ANDHRA PRADESH
WP/24587/2023 · 2025-09-10
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 56154 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56154 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010475592023 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: 24587 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, Department of Finance and Planning, Secretariat Buildings, 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. 6th Floor, C-Block,
7. The Chief Executive Officer, AP CFMS Office, 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 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.3,40,371/- vide M Book No. 126/22-23, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Providing of Chain Link Fencing from Vishnukundi Nagar Canal Bridge to Karampudi Road along the NSP Canal North side of Vinukonda Municipality, vide Agreement No. 126/2022-23, dated 30.11.2022 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.3,40,371/- vide M Book No. 126/22-23 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 Fligh Court may be pleased to direct the respondents to pay for payment of amount of Rs.3,40,371/- vide M Book No. 126/22-23 with interest .,24percent per annum for the delayed amount to the petitioner in respect of execution of works i.e. Providing of Chain Link Fencing from Vishnukundi Nagar Canal Bridge to Karampudi Road along the NSP Canal North side of Vinukonda Municipality, vide Agreement No. 126/2022-23, dated 30.11.2022, forthwith, pending disposal of the Writ Petition. #5 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:
^ APHC010475592023 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: 24587/2023 [3457] Between:
1.GOGULAPAT1 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, 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.3,40,371/- vide M Book No. 126/22-23, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Providing of Chain Link Fencing from Vishnukundi Nagar Canal Bridge to Karampudi Road along the NSP Canal North side of Vinukonda Municipality, vide Agreement No. 126/2022-23, dated 30.11.2022 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for
2 payment of amounts of Rs.3,40,371/- vide M Book No. 126/22-23 with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and 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 please to direct the respondents to pay for payment of amount of Rs.3,40,371/- vide M Book No. 126/22-23 with interest .,24percent per annum for the delayed amount to the petitioner in respect of execution of works i.e. Providing of Chain Link Fencing from Vishnukundi Nagar Canal Bridge to Karampudi Road along the NSP Canal North side of Vinukonda Municipality Vide Agreement No. 126/2022-23, dated 30.11.2022, 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: pass
3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 245870F 2023 6?
ORDER:
1. The learned counsel for the petitioner submits that the petitioner has awarded the work i.e., Providing Chain Link Fencing from Vishnukundi Nagar Canal Bridge to Karampudi Road along with the NSP Canal North side of Vinukonda Municipality vide an agreement No. 126/2022-23, dated
30.11.2022.
2. The learned counsel further submits that the petitioner duly executed all the works and thereafter submitted final bill for an amount of Rs.3,40,371/. 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 7 are hereby directed to verify and release the payments due payable to the petitioner as
4 expeditiously as possible preferably within a period of six weeks from the ^ J 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 n closed.
Sd/-B PRASADA RAO DEPUTY REGISTRAR //TRUE COPY// (1 SECTION OFFICER To,
1. The Special Chief Secretary, Department of Municipal Administration Secretariat Buildings, Velagapudi, And Urban Development, 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
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.
8. One CC to SRI. BATHALA RAMESH Advocate [OPUC]
9. Two CCs to GP FOR FINANCE PLANNING High Court of 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 MUNC CORP ) Advocate [OPUC] Two CD Copies. District. 6th Floor, C-Block,
10. DEV High
11. AND
12. AL
:■ HIGH COURT TL DATED: 11/09/2025 ^5 <5 £ I rtf^
ORDER WP NO. 24587 OF 2023 DISPOSING OF THE W.P. WITHOUT COSTS