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2025 DAILYLAW 57354 (AP)

MADDALA DHRAMAJI RAO v. THE STATE OF ANDHRA PRADESH

WP/8722/2024 · 2025-10-08

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

I APHC010172762024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 8722 OF 2024 Between: Maddala Dhramaji Rao, S/o. Ranga Rao, Age 48 years, R/o. D, No. 80-3-2/6, T1, Srichakra Arcade, J. Road Rajamahendravaram East Godavari District ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary to Government, Housing Department Secretariat, Veiagapudi, Amaravati, Guntur District. 2. The State of Andhra Pradesh rep. by its Principal Secretary, Finance and Planning Department Secretariat, Veiagapudi, Amaravati, Guntur District 3. The Andhra Pradesh State Housing Corporation Limited Plot No 11 and 12 Behind BSNL Telephone Exchange Auto Nagar, Vijayawada Represented by its Managing Director 4. The Project Director, Housing Cum District Head Housing Bhimavaram, West Godavari District 5. The District Collector, West Godavari District 6. The Bhimavaram Municipality, Bhimavaram Rep by its Commissioner At Bhimavaram , West Godavari District ...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 an order, writ or direction, more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents in not paying bill amount to the petitioner towards the execution of work i.e Construction of Gravel road at West side of 40 feet road Vissacodeuru layout with Rs. No. 10, 9, 197, 195, 194, 193, 14, 12, 12/2, 13, 14, 177/1, 178/1, 180/1, 181/1, 182/1, 183/1, 186/1, 188/IB of Vissacoderu Revenue Village of Palakoderu Mandal, Bhimavaram (Bit-7) under APHSCL Funds under Agreement No. 94/2023- 24/El dated 27.07.2023 for an amount of Rs. 1,05,51,660/- as illegal, arbitrary, irresponsible, against to the principles of natural justice, apart from being violation of Article 21 of the Constitution of India and consequently direct the respondents to pay the same along with interest to the petitioner in the interest of justice. lA NO: 1 OF 2024 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 the bill amount for the work executed by the petitioner i.e Construction of Gravel road at West side of 40 feet road Vissacodeuru layout with Rs. No. 10, 9, 197, 195, 194, 193, 14, 12, 12/2, 13, 14, 177/1, 178/1, 180/1, 181/1, 182/1, 183/1, 186/1, 188/IB of Vissacoderu Revenue Village of Palakoderu Mandal, Bhimavaram (Bit-7) under APHSCL Funds under Agreement No. 94/2023-24/El dated 27.07.2023 for an amount of Rs. 1,05,51,660/- pending disposal of the above writ petition in the interest of justice. Counsel for the Petitioner: SRI KAMBHAMPATI RAMESH BABU Counsel for the Respondent Nos.1, 4 & 5:GP FOR HOUSING Counsel for the Respondent No.2:GP FOR FINANCE & PLANNING Counsel for the Respondent No.3:SRI E. V. JAGANNADHA RAO (SC FOR AP STATE HOUSING CORP. LTD.) VALLABHANENI, Counsel for the Respondent No.6:M/s. SIREESHA RANI SC FOR MUNICIPALITIES The Court made the following order; APHC010172762024 high court of ANDHRA PRADESH at ANIARAVATI (Special Original Jurisdiction) THURSDAY THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT honourable SRI JUSTICE HARINATH.N VA/PIT PFTITION NO: 8722/2024 IN THE [3457] 0 THE SAJAS«E»SA>Ji, EAST OODAVAR, DISTRICT ...PETITIONER AND -- “ ‘To-^ErES" SSsf:<s''=DES AMARAVATI, GUNTUR DISTRICT. 1.THE SECRETARY TO SECRETARIAT, VELAGAPUDI 2.THE STATE OF ANDHRA pLAN^ING '"^^DEPARTMENT llcRETARlAT. VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT housing CORPORATION BEHIND BSNL TELEPHONE represented by ITS 3.the ANDHRA PRADESH STATE limited, plot no 11 AND 12 EXCHANGE AUTO NAGAR, VIJAYAWADA MANAGING DIRECTOR CUM DISTRICT HEAD 4 THE PROJECT DIRECTOR, HOUSING housing BHIMAVARAM, west GODAVARI DISTRICT GODAVARI DISTRICT AT district collector, west BHIMAVARAM 5.THE WEST BHIMAVARAM municipality BHIMAVARAM COMMISSIONER 6.THE GODAVARI ...RESPONDENT(S); 1 2 Pe ition under Article 226 of the Constitution of India praying that in the ^ orcumstances stated in the affidavit fiied therewith, the high Court mly be pleased tomay be pleased to issue an order, writ or direction more particuiarly one in the nature of Writ of MANDAMUS declaring the action of the respondents in not paying bill amount to the petitioner towards execution of work i.e Construction of Gravel road at West side of 40 feet road Vissacodeuru layout with Rs. No. 10, 9, 197, 195, 194, 193, 14 12 12/2 13 Revenue Vll^^^^’ f Vissacoderu ue Village of Palakoderu Mandal, Bhimavaram (Bit-7) under APHSCL Rs 1,0^1,660/- as illegal, arbitrary, irresponsible, against to the principles of natural justice, apart from being violation of Article 21 of the Constitution of India and consequently direct the respondents to pay the same along with interest to the petitioner in the interest of justice and to Sucn lA NO: 1 OF 2074 Petition under Section 151 CPC the pass in -4 ri -i ■ praying that in the circumstances stated the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondents to pay the bill amount for the work executed by the petitioner i.e Construction of Gravel road at West side of 40 feetroadVissacodeurulayoutwithRs. No. 10, 9, 197 195 194 193 14 to 12/2, 13, 14, 177/1, 178/1, 180/1, 181/1, 182/1, 183/1 ’ ir6;i ?8™ of Vissacoderu Revenue Village of Palakoderu Mandal, Bhimavaram (Bit-7) under APHSCL Funds under Agreement No. 94/2023-24/El dated 27 07 2023 for an amount of Rs. 1,05,51,660/- pending disposal of the above writ petition in the interest of justice and pass such Counsel for the Petitioner: 1.KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 1.K MALLIKHARJUNA MOORTHY 2. E V JAGANNADHA RAO (SC FOR AP STATE 3.GP FOR FINANCE PLANNING 4.Sireesha Ram Vallabhaneni,Standing Counsel For Municipalities 5.GP FOR HOUSING The Court made the following: HOUSEING COOP LTD) 3 ORDER:- The learned counsel for the petitioner submits that the petitioner has awarded the work for “construction of gravel road at west side of 40 feet road, Vissacodeuru layout with Rs.Nos. 10, 9, 197, 195, 194, 193, 14, 12, 12/2, 13 186/1, 188/IB of Vissacoderu 14, 177/1, 178/1, 180/1, 181/1, 182/1, 183/1 Revenue Village of Palakoderu Mandal, Bhimavaram (Bit-7) under APHSCL Funds under Agreement No. 94/2023-24/El dated 27.07.2023. The learned counsel further submits that the petitioner duly executed 2. the work and thereafter submitted final bills for an amount of Rs. 1,05,51,660/-. It is submitted that the said final bills were duly endorsed by the competent authority. A statement detailing the work executed by the petitioner was prepared and the 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 work has not been released till date. Heard the submissions of the learned counsel for the petitioner, the 3. 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. During the course of hearing, the learned Standing Counsel appearing 4. for the Corporation does not dispute the submissions made by the petitioner with respect to the completion of work undertaken. ■\ \ 4 s 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. 5. Accordingly, this writ petition is disposed off. There shall be no order as 6. to costs. Pending miscellaneous petitions, if any, shall stand closed. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to Government, Housing Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Principal Secretary, Finance and Planning Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District 3. The Managing Director, Andhra Pradesh State Housing Corporation Limited, Plot No 11 and 12 Behind BSNL Telephone Exchange Auto Nagar, Vijayawada. 4. The Project Director, Housing Cum District Head Housing Bhimavaram, West Godavari District 5. The District Collector, West Godavari District At Bhimavaram Bhimavaram Municipality, Bhimavaram, West 6. The Commissioner, Godavari District. 7. One CC to Sri Kambhampati Ramesh Babu, Advocate [OPUC] 8. One CC to Sri E. V. Jagannadha Rao (SC for AP State Housing Corp. Ltd.) [OPUC] 9. One CC to M/s. Sireesha Rani Vallabhaneni, SC for Municipalities [OPUC] 10. Two CCs to GP for Housing, High Court of Andhra Pradesh [OUT] 11. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 12. Two CD Copies. ssb HIGH COURT DATED:09/10/2025 ORDER WP No. 8722 OF 2024 ( 01 NOV 2K5 V ^iN^Cufrent Section^/* > DISPOSING OF THE W.P. WITHOUT COSTS