N. Venkata Krishna Varma, v. The State of Andhra Pradesh,
WP/4474/2025 · 2025-02-21
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7948 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7948 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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: 4474 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 be pleased to issue an appropriate Writ Order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 37,25,160/- (Thirty Seven Lakhs, Twenty five Thousand, One Hundred and Sixty Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e., “Laying of CC Surface road, and construction of may one
CC drains at sowbhagya street,atham street,goliala street kasikayala vari street of 31st Division ...,Agreement No /2023-2024,Dated.25.11. 2023” For the year 2023 as bad ,illegal, arbitrary, improper, unjust and against the Artiele'‘21 of constitution of India and consequently direct the respondents to pay the amounts of Rs. 37,25,160/- (Thirty Seven Lakhs, Twenty five ,4 >s ■ - Tho|isand, One Hundred and Sixty Rupees only) with interest @ 24% per annum for the delayed amount till date of realization for the works executed by the petitioner. 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 the amounts payable to him, pending disposal of the write petition.
Counsel for the Petitioner: SRI SINGAMSETTY V.M. SANKAR 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
APHC010082922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 4474/2025 Between: ...PETITIONER N. Venkata Krishna Varma, AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1.SINGAMSETTY V.M. SANKAR Counsel for the Respondent(S):
1.GPMUNCIPAL 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 work relating to Laying of C.C. Road and construction of C.C. Drains at Sowbhagya Street, Atham Street, Gollala st Division, vide Agreement No. /2023- street, Kasikayala vari Street of 31 2024, dated
25.11.2023. It is further submitted that the petitioner has submitted the bills for payment, but the respondent Nos. 2 and 3, even after
2 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 legitimately due to the petitioners therein. Denial of the legitimate 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 petitioner is legally entitled is illegal, arbitrary, improper, unjust, and violative of Article 21 of the Constitution of India. amounts amounts the
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 RAMESH BABU DEPUTY REGISTRAR NO^ICER
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.
//TRUE COPY// f SE To
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5. One CC to Sri Singamsetty V.M. Sankar, Advocate [OPUC] •—
6. One CC to Sri M. Krishna Rao, SC for Municipal Corporations[O PUC]
7. Two CCs to GP for Municipal Administration and Urban Developm^t High Court of Andhra Pradesh. [OUT]
8. Two CC’s to GP for Finance and Planning, High Court of A.P. at Amaravati[OUT]
9. Three CD Copies. ssb
HIGH COURT DATED:21/02/2025 SfANOS^ X 0 6 MAR 2n'>'i
ORDER WP.No.4474 of 2025 -S'o Co .‘a
"i-/ ^ Curreni oecuon ^ ALLOWING THE W.P. WITHOUT COSTS