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High Court of Andhra Pradesh · body

2025 DAILYLAW 7931 (AP)

N. Venkata Krishna Varma, v. The State of Andhra Pradesh,

WP/4489/2025 · 2025-02-21

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

y IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 4489 OF 2025 Between: N. Venkata Krishna Varma, S/o. Nadimpalli Satyanarayana Raju, Age 55 years, 68-10-20/4, Vidyut Nagar.Kakinada, ...PETITIONER AND The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Municipal Administration, Secretariat Building, Velagapudi, Amaravathi, Guntur. Municipal Corporation Kakinada, rep. by its Commissioner, Kakinada Kakinada District. Municipal Corporation Kakinada, Rep.by its Executive Engineer Kakinada District. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 1. 2. 3. 4. ...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 appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 15,79,199/- (Fifteen Lakhs, Seventy Nine Thousand, One Hundred and Ninety nine Rupees only) even after finalizing the bills payable to the petitioner in relation to the Three works i.e “Laying ofCC Surface road and Construction of CC Drain AT D.NO.18-7-1 To 18-7-6,D.NO.18-6 -1 To 18-6- 5,D.No.18-9-1 to 18-9-4,D.no.18-10-1 to 18-10-4) kolli vari street Borra Vari Street. ,Kabula vari street ,arji vari street of 31B Division.in 31A d Division....Agreement No. /2023 2024, Dated.07.10.2023, For the year ’2023 as bad ,illegal, arbitrary, improper, unjust and against the Article 21 of constitution of india and consequently direct the respondents to pay the amounts of Rs. 15,79,199/- (Fifteen Lakhs, Seventy Nine Thousand, One Hundred and Ninety nine Rupees only) with interest @ 24% the delayed amount till date of realization for the works petitioner. per annum for executed by the 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 releasing the amounts payable pending disposal of the write petition. to him Counsel for the Petitioner: SRI VENKAT CHALLA Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3: SRI M. KRISHNA RAO, SC FOR MUNICIPAL CORPORATIONS Counsel for the Respondent No.4: GP FOR FINANCE & PLANNING The Court made the following: ORDER * APHC010082802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] 0^ FRIDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 4489/2025 Between: ...PETITIONER N. Venkata Krishna Varma, AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.VENKATCHALLA Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEVAP 2.GP FOR FINANCE PLANNING The Court made the following Order: The learned counsel appearing for the petitioner submits that the petitioner has completed three works relating to Laying of C.C. Surface Road and construction of C.C. Drain at Door No.18-7-1 to 18-7-6, Door No. 18-6-1 to 18-6-5, Door No.18-9-1 to 18-9-4, Door No.18-10-1 to 18-10-4, Kolli Vari Street, Borra Vari Street, Kabula Vari Street, Arji Vari Street of 31-B Division in 31-A d Division, vide Agreement No. /2023-2024, dated 07.10.2023. It is further submitted that the petitioner has submitted the bills for 2 payment, but the respondent Nos. 2 and 3, even after submission of final bills have not released the amounts due payable to the petitioner. 2. This Court, in W.P.No. 10038 of 2021 and a batch of writ petitions, dealt with similar matters where the respondents failed to release the amounts legitimately due to the petitioners therein. Denial of the legitimate amounts payable to the petitioner would amount to depriving the petitioner of the right to live. As such, this Court holds that withholding the amount to which the petitioner is legally entitled is illegal, arbitrary, improper, unjust, and violative of Article 21 of the Constitution of India. 3. On these facts and circumstances, this Writ Petition is allowed, directing the respondents to verify the bills submitted by the petitioner within a period of two (02) weeks from the date of receipt of this order, and thereafter, release the amounts within a period of four (04) weeks thereafter. There shall be order as to costs. no As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR / //TRUE COPY// SKTION OFFICER To, 1. The Principal Secretary, Department of Municipal Administration, State of Andhra Pradesh, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Commissioner, Municipal Corporation Kakinada, Kakinada Kakinada District. 3. The Executive Engineer, Municipal Corporation Kakinada, Kakinada District. 4. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. \ \ fm 5. One CC to Sri Venkat Challa, Advocate [OPUC] 6. One CC to Sri M.Krishna Rao, SC for Municipal Corporations[OP UC] 7. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 8. Two CC’s to GP for Finance and Planning, High Court of A.P. at AmaravatifOUT] 9. Three CD Copies. ssb HIGH COURT DATED:21/02/2025 ORDER * 0 ^ MAK 2r?5 ^ A iiUllistiii CreCiiUll WP.No.4489 of 2025 ALLOWING THE W.P. WITHOUT COSTS