Gogulapati Venkateswarlu, Vs The State of Andhra Pradesh

GOGULAPATI VENKATESWARLU,, S/O.G PERAIAH, AGED ABOUT 63 YEARS, OCC CONTRACTOR, R/O. 23-1097, NEAR KANAKA DURGA TEMPLE, VISHUKUNDI NAGAR, VINUKONDA, GUNTUR DISTRICT.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

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THE DIRECTOR OF MUNICIPAL ADMINISTRATION, GORANTLA, GUNTUR, GUNTUR DISTRICT.

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VINUKONDA MUNICIPALITY, REP. BY ITS COMMISSIONER, VINUKONDA, PALNADU DISTRICT.

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THE DEPUTY EXECUTIVE ENGINEER, VINUKONDA MUNICIPALITY, VINUKONDA, PALNADU DISTRICT.

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THE ASSISTANT EXECUTIVE ENGINEER, VINUKONDA MUNICIPALITY, VINUKONDA, PALNADU DISTRICT.

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THE JUNIOR ACCOUNT OFFICER JAO, VINUKONDA MUNICIPALITY, VINUKONDA, PALNADU DISTRICT.

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THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE, 6TH FLOOR,

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C-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT.

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...RESPONDENT(S):

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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 topleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs.31,50,000/- vide M Book No. 135/2022-23, even after finalizing the bills, payable to the petitioner in relation to the works i.e., Formation of Giripradakshina road around the Vinukonda Hill (Phase-1) from 0plus700 (Gunti Anjaneya Swamy Temple) to 1plus050 (Hill Steps) in Vinukonda Municipality (Municipal General Fund), vide Agreement No. 155/2022-23, dated 28.10.2022 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of R8.31,50,000/- vide M Book No. 135/2022-23 with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass

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IA NO: 1 OF 2024

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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 please to direct the respondents to pay for payment of amount of Rs.31,50,000/- vide M Book No. 135/2022-23 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Formation of Giripradakshina road around the Vinukonda Hill (Phase-1) from 0+700 (Gunti Anjaneya Swamy Temple) to 1+050 (Hill Steps) in Vinukonda Municipality (Municipal General Fund), vide Agreement No. 155/2022-23, dated 28.10.2022, forthwith, pending disposal of the Writ Petition and pass

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Counsel for the Petitioner:

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1.BATHALA RAMESH

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Counsel for the Respondent(S):

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1.GP MUNCIPAL ADMN AND URBAN DEV AP

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2.GP FOR FINANCE PLANNING

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The Court made the following

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THE HONOURABLE SRI JUSTICE HARINATH.N

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WRIT PETITION NO: 13219 of 2024

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ORDER:

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The petitioner is aggrieved by the action of the respondents in not releasing the amount of Rs.31,50,000/- vide M-Book No.135/2022-23, even after finalizing the bills, payable to the petitioner in relation to the works i.e., Formation of Giripradakshina road around the Vinukonda Hill (Phase-1) from 0+700 (Gunti Anjaneya Swamy Temple) to 1+050(Hill Steps) in Vinukonda Municipality (Municipal General Fund) vide Agreement No.155/2022-23, dated 28.10.2022.

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The learned counsel further submits that the petitioner duly executed all the works and thereafter submitted final bills. It is submitted that the final bills were duly endorsed by the competent authority. A statement detailing the works executed by the petitioner was prepared, progress of the work was recorded in the M-book and the final quality certificates were also issued in confirmation of due completion. However, in spite of the completion of all procedural formalities, the payment towards the completed works has not been released till date.

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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 Corporation and the learned Assistant Government Pleader for Finance and Planning.

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During the course of hearing, the learned Standing Counsel appearing for the Corporation does not dispute the submissions made by the petitioner with respect to the completion of the work undertaken.

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Considering the submissions, respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of six (06) weeks from the date of receipt of a copy of this order.

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