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2025 DAILYLAW 7027 (AP)

R. Kameswara Rao, v. The State of Andhra Pradesh,

WP/4947/2025 · 2025-07-23

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010067742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 4947 OF 2025 Between: R. Kameswara Rao, S/o Venkata Rao, aged about- 45 years, Occ- Proprietor of Sree Satya Gayatri Suppliers and Catering, Srikakulam, R/q- D.No. 13-50- 201, Compost Colony, Back side ZP, Srikakulam, AP-532001. ...Petitioner AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, General Administration Department Velagapudi, Secretariat Buildings, Amaravathi, Guntur District Andhra Pradesh. 2. The State of Andhra Pradesh, Rep.by Its Principal Secretary, Finance Department Velagapudi, Secretariat Buildings, Amaravathi, District, Andhra Pradesh. 3. The District Collector, District Collector Office, Pradesh 4. Srikakulam Municipal Corporation, Srikakulam, Andhra Pradesh. - 5. The Chief Election Officer, 192, Ground Floor Building No. 5, A.P Secretariat, Velagalapudi, Amaravathi, Pin-522 238 Guntur Srikakulam, Andhra rep by the Commissioner ...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, order or direction more particularly one in the nature of writ of Mandamus declaring action of the respondents in not releasing the funds in terms of Lr.Roc.No. MLC elections/AE 1/2022-23, dated 28.02.2023 by the 4th respondent an amount of Rs.4.60 lakhs is illegal arbitrary and unconstitutional and its amounts to violation of Article 14, 16, 21 and 300 A of the Constitution of India and direct the respondents to release an amount of Rs.4.60 lakhs with interest in terms of Judgment of Hon’ble supreme court judgment reported in AIR 2000 SCC 3513 (2) Vijay L Mehrotra VS State of UP and others forthwith. lA 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 to direct the respondents to release an amount of Rs.4.60 lakhs with interest in terms of Judgment of Hon’ble supreme court judgment reported in AIR 2000 SCC 3513 (2) Vijay L Mehrotra VS State of UP and others forthwith. Counsel for the Petitioner: SRI P LAKSHMANA RAO ^ Counsel for the Respondent Nos. 1 & 5: GP FOR GENERAL ADMINISTRATION Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING Counsel for the Respondent No.3: GP FOR REVENUE Counsel for the Respondent No.4: SRI M KRISHNA RAO (SC FOR MUNICIPAL CORPORATIONS) The Court made the following order: fgf APHC010067742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 4947/2025 Between: 1.R. KAMESWARA RAO,, S/0 VENKATA RAO, AGED ABOUT- 45 YEARS, OCC- PROPRIETOR OF SREE SATYA SUPPLIERS AND CATERING, SRIKAKULAM, R/0- D.NO. 13-50-201 COMPOST COLONY, BACK SIDE ZP, SRIKAKULAM, AP-532001. GAYATRI ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL GENERAL ADMINISTRATION DEPARTMENT, SECRETARY, VELAGAPUDI, SECRETARIAT BUILDINGS, AMARAVATHI, GUNTUR DISTRICT ANDHRA PRADESH. 2.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL VELAGAPUDI, SECRETARY, FINANCE DEPARTMENT SECRETARIAT BUILDINGS, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 3.THE DISTRICT COLLECTOR, DISTRICT COLLECTOR OFFICE, . SRIKAKULAM, ANDHRA PRADESH 4. SRIKAKULAM MUNICIPAL CORPORATION, REP BY THE COMMISSIONER SRIKAKULAM, ANDHRA PRADESH. - 5.THE CHIEF ELECTION OFFICER, 192, GROUND FLOOR BUILDING NO. 5, A.P SECRETARIAT, VELAGALAPUDI, AMARAVATHI, PIN-522 238 ...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 2 HN. W.P.No.4947_202s pleased tomay be pleased to issue a Writ, order or direction more particularly one in the nature of writ of Mandamus declaring action of the respondents in not releasing the funds in terms of Lr.Roc.No. MLC elections/AE 1/2022-23, dated 28.02.2023 by the 4th respondent an amount of Rs.4.60 lakhs is illegal arbitrary and unconstitutional and its amounts to violation of Article 14, 16, 21 and 300 A of the Constitution of India and direct the respondents to release an amount of Rs.4.60 lakhs with interest in terms of Judgment of Honble supreme court judgment reported in AIR 2000 see 3513 (2) Vijay L Mehrotra VS State of UP and others forthwith and pass lA 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 may be pleased to t is also further prayed that this Hon'ble Court may be pleased to direct the respondents to release an amount of Rs.4.60 lakhs with interest in terms of Judgment of Hon’ble supreme court judgment reported in AIR 2000 see 3513 (2) Vijay L Mehrotra VS State of UP and others forthwith and pass Counsel for the Petitioner: 1.P LAKSHMANA RAO Counsel for the Respondent(S): 1.GP FOR GENERAL ADMINISTRATION 2.GP FOR FINANCE PLANNING 3 0 HN, J W.P.No.4947 2025 This Court made the following Order:- Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Finance and the learned Standing Counsel for the respondent-corporation. 2. Learned counsel for the petitioner submits that the respondents in not releasing the funds in terms of Lr.Roc.No.MLC elections/AE 1/2022-23, dated 28.02.2023. 3. Considering the submissions, the respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of four (04) weeks from the date of receipt of a copy of this order. 4. Accordingly, this Writ Petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// OFFICER SE To, 1. The Principal Secretary, General Administration Department, Velagapudi, Secretariat Buildings, Amaravathi, Guntur District Andhra Pradesh. 2. The Principal Secretary, Finance Department Velagapudi, Secretariat Buildings, Amaravathi, Guntur District, Andhra Pradesh. 3. The District Collector, District Collector Office, Srikakulam, Andhra Pradesh 4. The Commissioner, Srikakulam Municipal Corporation, Srikakulam, Andhra Pradesh. in 5. The Chief Election Officer, 192, Ground Floor Building No. 5, A.P Secretariat, Velagalapudi, Amaravathi, Pin-522 238 6. One CC to Sri P Lakshmana Rao, Advocate [OPUC] 7. One CC to Sri M Krishna Rao (SC for Municipal Advocate [OPUC] 8. Two CCs to GP for General Administration, Corporations) High Court of Andhra Pradesh [OUT] 9. Two CCs to GP for Finance & Planning, High Court of Andhra [OUT] 10. Two CCs to GP for Revenue, High Court of Andhra 11. Two CD Copies Pradesh Pradesh [OUT] TF HIGH COURT DATED:24/07/2025 ORDER WP NO. 4947 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS