M SATYANARAYANA v. THE STATE OF ANDHRA PRADESH
Court: High Court of Andhra Pradesh
Bench: NYAPATHY VIJAY
Judgment date:
Case summary
High Court of Andhra Pradesh judgment dated 2025-03-04. M SATYANARAYANA v. THE STATE OF ANDHRA PRADESH. Read the judgment and case details on LawSphereX.
Judgment text
\ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5343 OF 2025 Between: M. Satyanarayana, S/o. Veerabhadra Rao. A, Age 50 years, 1-5- East Godavari 39,Thummalapalli vari street, kondayapalem, Kakinada, District. ... PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Municipal Administration And Urban Development Department Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. Kakinada Municipal Corporation, rep. by its Commissioner, Kakinada, Kakinada District. 3. Kakinada Municipal Corporation, Rep. by its Executive Engineer Kakinada District. 4. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur 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 appropriate Writ Order or direction more particularly action of the one in the nature of Writ of Mandamus declaring the amounts of Rs. Respondents in withholding the payments of pending Nine Hundred and 34,58,946/- (Thirty Four Lakhs, Fifty Eight Thousand, Forty Six Rupees only) even after finalizing the bills payable to the of internal CC drains at petitioner in relation to the works i. e /. Construction street and laying gollapeta Madhavarao street Jirumalarao street, Srinivas of cc roads at gollapeta in 38 division of Kakinada Municipal Corporation Agreement NO. 89/SE/2022 023,Dated 28. 01. 2023 For the year 2022 as bad . illegal, arbitrary, improper, unjust and against the Article 21 of direct the constitution of India and NO. 89/SE/2022- consequently ^respondents to pay the amounts of Rs.
34,58,946/- (Thirty Four Lakhs, Fifty Eight Thousand, Nine Flundred and Forty Six Rupees only) with date of realization for interest @ 24% per annum for the delayed amount till 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 writ petition, the High Court may be pleased to direct the respondents to releasing the amounts payable to him, pending disposal of the write petition. Counsel for the Petitioner : SRI SINGAMSETTY V. M. SANKAR ADMN AND Counsel for the Respondent No. 1 : GP FOF MUNICIPAL URBAN DEVELOPMENT Counsel for the Respondent Nos. 2 & 3 : SRI M. KRISHNA RAO, SC FOR MUNICIPALITY Counsel for the Respondent No.
4 : GP FOR FINANCE AND PLANNING The Court made the following: ORDER ii w APHC010099822025 f IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3460] (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5343/2025 Between; ... PETITIONER M Satyanarayana AND The State Of Andhra Pradesh and Others ... RESPONDENT(S) Counsel for the Petitioner; 1. SINGAMSETTY V. M. SANKAR Counsel for the Respondent(S); 1 . GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No. 5343 OF 2025 r ORDER: The Writ Petition is filed questioning action of the to the respondents in not releasing the amount of Rs. 34,58,946/- Petitioner even after finalizing the bills for the work executed i. e..
Madhavarao “(i) Construction of internal CC drains at Gollapeta, of CC roads Street, Tirumalarao Street, Srinivas Street and laying at Gollapeta in 38^'^ Division of Kakinada Municipal Corporation” vide agreement No. 89/SE/2022-2023, dated 28. 01. 2023. 2. Heard the learned counsel for the Petitioner and the learned Standing Counsel for the Respondent-Corporation. 3. The Petitioner submits that he has duly completed the aforesaid work under the respective Agreement No. 89/SE/2022- 2023, dated 28. 01. 2023. However, despite execution of the work. due. the respondents have failed to release the amounts 4. The learned Standing Counsel submitted that he did not Petitioner. receive any instructions regarding the claim of the 5.
However, considering the submission of the Petitioner that is of the the work as per the agreement was completed, this Court opinion that the Writ Petition can be disposed with following directions: the (') The Respondents shall examine the works executed by dated Petitioner in terms of the Agreement No. 89/SE/2022-2023, 28. 01. 2023, within a period of eight (08) weeks, from today and a further period of thereafter, verify the bills of the Petitioner within six (06) weeks. be The amounts assessed to be due to the Petitioner shall (ii) paid within a further period of eight (08) weeks, thereafter. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Consequently closed. miscellaneous applications, if any, pending shall stand Sd/- A. VIJAYA BABU //TRUE COPY// ASSISTANT REGISTRAR SE 6ti&^ficer To, 1.
The Principal Secretary, Municipal Administration And Urban Development Department, State of Andhra Pradesh, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Commissioner, Kakinada Municipal Corporation, Kakinada, Kakinada District. Kakinada 3. The Executive Engineer, Kakinada Municipal Corporation, District. 4. The Principal Secretary Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 5. One CC to Sri Singamsetty V. M. Sankar, Advocate [OPUC] 6. Two CCs to GP for Municipal Admn and Urban Development, High Court of Andhra Pradesh. [OUT] of Andhra Pradesh. 7. Two CCs to GP for Finance & Planning, High Court [OUT] 8. One CC to Sri M. Krishna Rao, SC for Municipality (OPUC) 9. Three C. D. Copies. Cnr HIGH COURT VN,J DATED:04/03/2025 ORDER WP. No. 5343 of 2025 g 2 J MAR 21)25 Current Section ^y DISPOSING OF THE W. P. WITHOUT COSTS
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