Sri Hari Enterprises Vs the State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2025)

Sri Hari Enterprises Vs the State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2025)

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APHC010600902025

[3457]

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

WEDNESDAY,THE TWELFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 31205/2025

Between:

SRI HARI ENTERPRISES, H.NO. 5-110, WARDNO.57, SABBAVARAM, VISAKHAPATNAM, REPRESENTED BY ITS MANAGING PARTNER BODDAPALLI THATA RAO.

BODDAPALLI THATA RAO,, S/O.NOOKA RAJU, AGED 48 YEARS, OCCCONTRACTOR, R/O. H.NO.5-110, WARD NO. 57, SABBAVARAM, VISAKHAPATNAM VISAKHAPATNAM DISTRICT.

...PETITIONER(S)

AND

THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT.

STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT.

THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, SRI KRISHNA ENCLAVE, GORANTIA, GUNTUR, GUNTUR DISTRICT.

THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, (GVMC) REPRESENTED BY ITS COMMISSIONER, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT

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THE EXECUTIVE ENGINEER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION (GVMC) VISAKHAPATNAM, VISAKHAPATNAM DISTRICT

...RESPONDENT(S):

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 Pleased to issue a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing the payments for the works i.e.. Balance works and Finishing for PHC Kanithi, Gajuwaka in ward No.53 of GVMC through the Agreement, dated 21-02-2019 and Supplementary Agreement, dated 25-06-2019 for an amount of Rs.6,74,622/as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs.6,74,622/forthwith for the above said works executed by the petitioners and pass

IA 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 pleased to direct respondents to consider for payment of amounts of Rs.6,74,622/- for the works executed by the petitioners for Balance works and Finishing for PHC Kanithi, Gajuwaka in ward No.53 of GVMC through the Agreement, dated 21-02-2019 and Supplementary Agreement, dated 25-062019 for an amount of Rs.6,74,622/- forthwith, pending disposal of the main Writ Petition and pass

Counsel for the Petitioner(S):

1.RAMBABU KOPPINEEDI

Counsel for the Respondent(S):

1.GP MUNCIPAL ADMN AND URBAN DEV AP

2.GP FOR FINANCE PLANNING

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THE HONOURABLE SRI JUSTICE HARINATH.N

WRIT PETITION NO: 31205 of 2025

ORDER:

The petitioner is aggrieved by the action of the respondents in not releasing the payments for the works i.e., Balance works and Finishing for PHC Kanithi, Gajuwaka in ward No.53 of GVMC through the Agreement, dated 21-02-2019 and Supplementary Agreement, dated 25-06-2019 for an amount of Rs.6,74,622/- .

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.

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.

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, the respondent Nos.2 and 4 are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of four (04) weeks from the date of receipt of a copy of this order.

Accordingly, the writ petition is disposed of. No costs.

Pending miscellaneous petitions, if any, shall stand closed.

___________________ JUSTICE HARINATH.N

Date:12.11.2025 NKA

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177

THE HONOURABLE SRI JUSTICE HARINATH.N

WRIT PETITION NO: 31205 of 2025

Date: 12.11.2025

NKA