Kesanakurthi Venkateswara Rao v. the State of Andhra Pradesh

Andhra Pradesh HC1 Sept 2025WP/16760/2024

Case brief

AI extract

What is this about?

Contractor's mandamus petition for release of unpaid bills of Rs. 17,74,946/- for CC drain construction work (L.B. Nagar and Nagamalithota Colony, 46B ward) entrusted by Municipal Corporation, Kakinada; non-payment defended on financial constraints/budget release; Court directed verification and release of payments within six weeks; writ disposed of without costs; Article 226; High Court of Andhra Pradesh at Amaravati; Justice Harinath.N; WP No. 16760 of 2024.

What did the court decide?

Direction to the respondents to verify and release the bill payments of Rs. 17,74,946/- as expeditiously as possible, preferably within a period of six (06) weeks from the date of receipt of a copy of the order. ¶¶63

Kesanakurthi Venkateswara Rao Vs the State… — Writ and Judicial Review | Andhra Pradesh HC (2025)

¶1

APHC010328252024

¶2

IN THE HIGH COURT OF ANDHRA PRADESH ^ . 050 3kC .'I ATAMARAVATI 0 (Special Original Jurisdiction)

¶3

TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE HARINATH.N

¶6

WRIT PETITION NO: 16760 OF 2024

¶7

Between:

¶8

Kesanakurthi Venkateswara Rao, S/o. Veera bhadra Rao, aged about 63 years old R/o. 57-9-27 Tillapudi Vari lane, Durga Temple, Jagannadapuram, Kakinada, Kakinada Dist.

¶9

...Petitioner AND

¶10

The State of Andhra Pradesh, Rep by its Principal Secretary, Municipal Administration and Urban Development Department

¶11

Secretariat Buildings, Velagapudi, Amaravati.

¶12

The Commissioner and Director, Municipal Administration and Urban Development Department, Government of A.P, Vijayawada, NTR District.

¶13

The District Collector, Kakinada District, Kakinada. 4. The Municipal Corporation, Kakinada Rep by its Commissioner, Kakinada Town, Kakinada District.

¶14

The Superintending Engineer, Municipal Corporation Kakinada, Kakinada District.

¶15

The Executive Engineer, Municipal Corporation Kakinada, Kakinada District

¶16

¶17

¶18

The State of Andhra Pradesh, Rep by its Principal Secretary, Finance and Planning Department Secretariat Buildings, Velagapud^, Amaravathi.

¶19

...Respondents

¶20

f Petition under Article 226 of the Constitution of India praying that in the circuftistances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly^{oneinthenature} of Writ of Mandamus to declaring the action on the part of the respondents herein, not releasing and pay the bill amounts worth of Rs. 17,74,946/- with interest to the petitioner even though total works were executed and completed as illegal, arbitrary and violation of Article 14, 16 and 21 of Constitution of India and Consequentially to direct the respondents to release and pay the bill amounts worth of Rs. 17,74,946/- with interest to the petitioner forthwith.

¶21

lA NO: 1 OF 2024

¶22

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 release and pay the bill amounts worth of Rs. 17,74,946/- with interest to the petitioner forthwith, pending disposal of the above writ petition.

¶23

Counsel for the Petitioner: Mrs. SAMEERA BOKKA

¶24

Counsel for the Respondent Nos.1 to 3 : GP FOR MUNICIPAL ADMN URBAN DEVELOPMENT Counsel for the Respondent Nos.4 to 6 : SRI M. KRISHNA RAO, SC FOR MUNICIPALITY Counsel for the Respondent No.7 : GP FOR FINANCE AND PLANNING The Court made the following order:

APHC010328252024

[3457]

SEE =hC

IN THE HIGH COURT OF ANDHRy\ PFJADESH AT AMARAVATI (Special Original Jurisdiction )

¶29

TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

¶30

PRESENT

¶31

THE HONOURABLE SRI JUSTICE HAF?II\IATH.N

¶32

WRIT PETITION NO: 16760/2024

¶33

Between:

¶34

1.KESANAKURTHI VENKATESWARA RAO, S/0 VEERA BHADRA RAO AGED ABOUT 63 YEARS OLD R/0 57-9-27 TILLAPUDI VARI LANE, DURGA TEMPLE, JAGANNADAPURAM, KAKINADA,KAKINADA DIST.

¶35

...PETITIONER

¶36

AND

¶37

1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY.MUNICIPAL ADMINISTRATION AND URBAN

¶38

DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI.

¶39

2.THE COMMISSIONER AND DIRECTOR, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF A.P, VIJAYAWADA, NTR DISTRICT.

¶40

3.THE DISTRICT COLLECTOR, KAKINADA DISTRICT, KAKINADA.

¶41

4.THE MUNICIPAL CORPORATION KAKINADA REP BY ITS COMMISSIONER, KAKINADA TOWN, KAKINADA DISTRICT.

¶42

5.THE SUPERINTENDING ENGINEER, MUNICIPAL CORPORATION KAKINADA, KAKINADA DISTRICT.

¶43

6.THE EXECUTIVE ENGINEER, MUNICIPAL CORPORATION KAKINADA, KAKINADA DISTRICT

¶44

/.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT

¶45

¶46

SECRETARIAT BUILDINGS, VELAGAPUDl, AMARAVATHl.

¶47

..JRESPONDENT(S);

¶48

Petition under Article 226 of the Constitution of India praying^thatinthe affidavit filed therewith, the High Court may be circumstances stated in the direction mote particularly one in the nature pleased to issue a Writ, Order or of Writ of Mandamus to declaring the action on the^{partoftherespondens} the bill amounts worth of Rs. 17,74,946/- with herein, not releasing and pay interest to the petitioner even though total works vt/ere executed and completed as illegal, arbitrary and violation of Article 14, 16 and 21 o Constitution of India and Consequentially to direct^{therespondentstorelease} and pay the bill amounts worth of Rs. 17,74,946/- with interest to the petitioner forthwith, and to pass

¶49

lA NO: 1 OF 2024

¶50

Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition,^{theHighCourtmaybePhased} the bill amounts worth o pleased to direct the respondents to release and pay Rs. 17,74,946/- with interest to the petitioner forthwith,^pending disposal o the above writ petition and to pass

¶51

Counsel for the Petitioner:

¶52

1.SAMEERABOKKA

¶53

Counsel for the Respondent(S):

¶54

1.M Krishna Rao SC for ski vzm kkd Municipal Corporations

¶55

2.GP MUNCIPAL ADMN AND URBAN DEV AP

¶56

3.GP FOR FINANCE PLANNING

¶57

The Court made the following;

¶58

¶59

Order;-

¶60

Heard the learned counsel for the petitioner tt'ie learned Assistant Government Pleader for Finance and the learned Standing Counsel for the respondent-corporation.

¶61

Learned counsel for the petitioner submits that the petitioner has completed the work of Construction of CC Drains at L.B.Nagar and Nagamaliithota Colony of 46B ward of KMC.GGMP, entrusted by the respondent-C^orporation, and has submitted the final bills. 3. It is submitted that a total amount of Rs. 17,74,946/is due and payable by the respondent-corporation to the petitioner on account of the completion of the aforesaid work. However, the said amount has not been paid.

¶62

It is stated in the counter filed by the 4*^ respondent^{thatthebillscouldnotbe} paid on account of financial constraints. It is further stated that the petitioner will be paid soon after the release of the budget to the 4 m respondent Corporation. It is also submitted that the bills due and payable to the petitioner^areadmitted. 5. Considering the submissions, there shall be a direction to the respondents to verify and release the payments as expeditiously as possible preferably within a period of six (06) weeks from the date of receipt of a copy of this order.

¶63

Accordingly, this Writ Petition is disposed off. There sfiall be no order as to costs

¶64

As a sequel, miscellaneous petitions pending, if any,^{shsillstandclosed.}

¶65

To,

¶66

Sd/- V DIWAKAR //TRUE COPY// DEPUTY REGISTRAR SECTION OFFICER ^ * \

¶67

¶68

The Principal Secretary, Municipal Administration and Urban Development Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati.

¶69