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2025 DAILYLAW 57792 (AP)

ANIMIREDDI LOVA NAIDU v. THE STATE OF ANDHRA PRADESH

WP/29380/2025 · 2025-10-26

Harinath N

body2025

Judgment text

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APHC010566422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29380/2025 Between: 1. ANIMIREDDI LOVA NAIDU, S/O. CHELLAYYA, AGED 40 YEARS, OCC CONTRACTOR, R/O. D.NO. 18-2, BUTCHAMPETA VILLAGE, ROLUGUNTA MANDAL, ANAKAPALLI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT 2. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT. 3. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, SRI KRISHNA ENCLAVE, GORANTIA, GUNTUR, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT, ANAKAPALLI. 5. THE NARSIPATNAM MUNICIPALITY, REPRESENTED BY ITS COMMISSIONER, NARSIPATNAM, ANAKAPALLI DISTRICT. ...RESPONDENT(S): 2 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, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing the payments for the works i.e., i) Repairs of Potholes on the existing CC Roads in 16, 21, 22, 23, 24, 25, 26, 27 Wards of Narsipatnam Municipality (Package-2 of Potholes Phase-2) through the Agreement No. 138/2022-23, dated 01-02-2023 for an amount of Rs. 1,72,611/-, ii) Repairs of Roads at Turakabadi Road, Ward No.6 of Narsipatnam Municipality through the Agreement No.04/2022-23, dated 28- 04-2022 for an amount of Rs.1,78,374/-, iii) Repairs of Roads at Venkunaidu Peta Main Road, Ward No.22 of Narsipatnam Municipality through the Agreement No. 07/2022- 23/Dy.E.E/NRPM/dated 28-04-2022 for an amount of Rs.1,01,316/-, iv) Repairs of Roads at Ramaraopeta Main Road and RDO Office Back side road. Ward No.8 of Narsipatnam Municipality through the Agreement No.06/2022- 23/Dy.E.E/NRPM/Dated 28-04-2022 for an amount of Rs.2,52,550/- and v) Repairs of Potholes on the existing CC Roads in 1,2,3,4,5,7,8,9, 10,11,12,14 Wards of Narsipatnam Municipality (Package-1 of Potholes Phase-2) through the Agreement No. 137/2022-23, dated 01-02- 2023 for an amount of Rs. 1,88,563/- totaling an amount of Rs.8,93,414/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs.8,93,414/- forthwith for the above said works executed by the petitioner 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 respondents to consider for payment of amounts of Rs.8,93,414/- for the works executed by the petitioner for i.e., i) Repairs of Potholes on the existing CC Roads in 16, 21, 22, 23, 24, 25, 26, 27 Wards of Narsipatnam Municipality (Package-2 of Potholes Phase-2) through the Agreement No. 138/2022-23, dated 01-02-2023 for an amount of Rs.1,72,611/-, ii) Repairs of Roads at Turakabadi Road, Ward No.6 of Narsipatnam Municipality through the Agreement No.04/2022-23, dated 28- 04-2022 for an amount of Rs.1,78,374/-, iii) Repairs of Roads at Venkunaidu Peta Main Road, Ward No.22 of Narsipatnam Municipality through the Agreement No. 07/2022- 23/Dy.E.E/NRPM/dated 28-04-2022 for an amount of Rs.1,01,316/-, iv) Repairs of Roads at Ramaraopeta Main Road and RDO Office Back side road, Ward No.8 of Narsipatnam Municipality through the Agreement No.06/2022-23/Dy.E.E/NRPM/Dated 28-04-2022 for an amount of 3 Rs.2,52,550/- and v) Repairs of Potholes on the existing CC Roads in 1,2,3,4,5,7,8,9,10,11,12,14 Wards of Narsipatnam Municipality (Package-1 of Potholes Phase-2) through the Agreement No. 137/2022-23, dated 01- 02- 2023 for an amount of Rs.1,88,563/- totaling an amount of Rs.8,93,414/- forthwith, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. RAMBABU KOPPINEEDI 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 was awarded 5 works vide an Agreement Nos.138/2022-23, dated 01.02.2023; (ii) 04/2022-23, dated 28.04.2022; (iii) 07/2022-23/Dy.E.E/NRPM, dated 28.04.2022; (iv) 06/2022-23/Dy.E.E/NRPM, dated 28.04.2022; and (v) 137/2022-23, dated 01.02.2023. 2. The learned counsel further submits that the petitioner duly executed the works and thereafter submitted final bills for an amount of Rs.8,93,414/-. 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. 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 Municipality and the learned Assistant Government Pleader for Finance and Planning. 4. During the course of hearing, the learned Standing Counsel appearing for the Municipality does not dispute the submissions made by the petitioner with respect to the completion of works undertaken. 5. Considering the submissions, the concerned respondents are hereby directed to verify and release the payments due payable to the petitioner as 5 expeditiously as possible preferably within a period of four (04) 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. 7. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 27.10.2025 PNS