Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 57141 (AP)

VENKATA GEETHA NANDINI CONSTRUCTION v. THE STATE OF AP

WP/15263/2025 · 2025-10-08

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010266742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15263/2025 Between: 1. VENKATA GEETHA NANDINI CONSTRUCTION, D. NO. 1-71-8, THIPPAYAPALEM VILLAGE MARKAPUR MANDAL, PRAKASAM DISTRICT REP BY ITS PROPRIETOR MR. B. V. RAMANA REDDY ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT SECRETARIAT ,VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT AT ONGOLE. 4. THE EXECUTIVE ENGINEER, PUBLIC HEALTH DIVISION, ONGOLE, PRAKASAM DISTRICT. 5. THE MARKAPUR MUNICIPALITY, MARKAPUR, PRAKASAM DISTRICT. REP BY ITS COMMISSIONER ...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, Order or Direction more particularly one 2 in the nature of Writ of MANDAMUS declaring the action of the respondents in not releasing payment for the bills to the petitioner for the works executed by him namely i.e. i) Gadapa-Gadapa ku Mana Prabhutwam- S-20 Jawahar Nagar Colony- 2 Sachivalayam- Construction of CC Road from Golamari Vijaya Bhaskar Reddy house to Asham Nursing School in Adarsa Apartment road in Ward No. 35 under Agreement No. 143/2023-24, Dated. 04.01.2024 for an amount of Rs. 4,96,430/-, ii) Gadapa-Gadapa ku Mana Prabhutwam- S-19 Jawahar Nagar Colony-1 Sachivalayam- Construction of CC Road from P. Srinivasarao house to Kadimalla Swami Raju house in Ward No. 33 under Agreement No. 107/2023- 24, Dated. 20.11.2023 for an amount of Rs. 8,87,742/- and iii) Gadapa-Gadapa ku Mana Prabhutwam- S-20 Jawahar Nagar Colony- 2 Sachivalayam- Construction of CC road from BC Boys Hostel to Asham Nursing School in Adarsa Apartment road in Ward No. 35 under Agreement No. 142/2023-24 Dated. 04.01.2024 for an amount of Rs. 4,95,464/- (Total Amount of Rs. 18,79,636/-) as illegal, arbitrary, malafidy, high-handed, and contrary to the procedure established by law apart from being voilative of Articles 14 and 19 (1) (g) of the Constitution of India and consequentially direct the respondents to release the payment of above bill along with interest forthwith in the interest of justice and pass 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 pleased to direct the respondents to pay the bills of the petitioner for the works executed by him namely i.e. i) Gadapa-Gadapa ku Mana Prabhutwam- S-20 Jawahar Nagar Colony-2 Sachivalayam- Construction of CC Road from Golamari Vijaya Bhaskar Reddy house to Asham Nursing 'J School in Adarsa Apartment road in Ward No. 35 under Agreement No. 143/2023-24, Dated. 04.01.2024 for an amount of Rs. 4,96,430/-, ii) Gadapa-Gadapa ku Mana Prabhutwam- S-19 Jawahar Nagar Colony-1 Sachivalayam- Construction of CC Road from P. Srinivasarao house to Kadimalla Swami Raju house in Ward No. 33 under Agreement No. 107/2023-24, Dated. 20.11.2023 for an amount of Rs. 8,87,742/- and iii) Gadapa-Gadapa ku Mana Prabhutwam- S- 20 Jawahar Nagar Colony-2 Sachivalayam- Construction of CC road from BC Boys Hostel to Asham Nursing School in Adarsa Apartment road in Ward No. 35 under Agreement No. 142/2023-24 Dated. 04.01.2024 for an amount of Rs. 4,95,464/- (Total Amount of Rs. 18,79,636/-) pending disposal of the Writ Petition and to pass 3 Counsel for the Petitioner: 1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING The Court made the following: 4 ORDER:- The learned counsel for the petitioner submits that the petitioner has awarded the works for “i) Gadapa-Gadapa ku Mana Prabhutwam-S-20 Jawahar Nagar Colony-2 Sachivalayam- Construction of CC Road from Golamari Vijaya Bhaskar Reddy house to Asham Nursing School in Adarsa Apartment road in Ward No. 35 under Agreement No. 143/2023-24, Dated 04.01.2024 for an amount of Rs.4,96,430/- ii) Gadapa-Gadapa ku Mana Prabhutwam-S-19 Jawahar Nagar Colony-1 Sachivalayam-Construction of CC Road from P. Srinivasarao house to Kadimalla Swami Raju house in Ward No. 33 under Agreement No. 107/2023-24, Dated. 20.11.2023 for an amount of Rs.8,87,742/- and iii) Gadapa-Gadapa ku Mana Prabhutwam-S-20 Jawahar Nagar Colony-2 Sachivalayam- Construction of CC road from BC Boys Hostel to Asham Nursing School in Adarsa Apartment road in Ward No.35 under Agreement No.142/2023-24 Dated 04.01.2024 for an amount of Rs.4,95,464/-. 2. The learned counsel further submits that the petitioner duly executed the works and thereafter submitted final bills for an amount of Rs.18,79,636/-. It is submitted that the said final bills were duly endorsed by the competent authority. A statement detailing the works executed by the petitioner was prepared and the progress of the works 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. 5 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 work undertaken. 5. Considering the submissions, the concerned respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of six (06) weeks from the date of receipt of a copy of this order. 6. Accordingly, this writ petition is disposed off. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Dt: 09.10.2025 SR