Andhra Pradesh High Court - Amravati
Gudapati Radha Krishna, vs The State Of Andhra Pradesh, on 24 July, 2025
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APHC010369742025
IN THE HIGH COURT OF ANDHRA PRADESH-
AT AMARAVATI
(Special Original Jurisdiction)
THURSDAY,THE TWENTY FOURTH DAY OF JL
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE HARINATH.
WRIT PETITION NO: 18813 OF 2025 ^
Between:
1. Gudapati Radha Krishna,, S/o. Ganga Rao, Hindu, Male, aged 55
years, Occ- Civil Contractor, R/o. H.No. 9-1-5, Ramachandrapuram ,
Jangareddigudem, Eluru District (Ernst W.G. District).
...Petitioner-^
AND
1. The State of Andhra Pradesh, rep. by its Principal Secretary, Municipal
Administration and Urban Development Department, Secretariat,
Velagapudi, Amaravathi.
2. The District Collector, Eluru, Eluru District (Ernst West Godavari
District).
3. Jangareddigudem Municipality, Rep.by its The Commissioner,
Jangareddigudem, Eluru District, (Ernst West Godavari District).
4. The Asst Executive Engineer, Officer In-charge of Work,
Jangareddigudem Municipality, Jangareddigudem, Eluru District (Ernst
West Godavari District).
5. 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 one
in the nature of Writ of Mandamus declaring the action of the Respondents
for with-holding the an amount of Rs. 12,53,855/- (Rupees Twelve Lakhs Fifty
three thousand Eight Hundread and Fifty Five only) for the work of
Construction of CC Road from K. Nageswarao house to D. No.8-1-101 to
Alladi Raja house D. No.8-1-112 in 11th ward in Jangareddigudem
Municipality and Mandal, Eluru District (Ernst West Godavari District), by the
petitioner firm is illegal, arbitrary and violation of Article^14, 19, 21 and 300-A
of the Constitution of India and consequently, direct the respondents to pay
the admitted amounts of Rs. 12,53,855/- (Rupees Twelve Lakhs Fifty three
thousand Eight Hundread and Fifty Five only) with cumulative interest.
lA NO: 1 OF 2Q2fi
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 an amount of Rs.12,53,855/-(Rupees
Twelve Lakhs Fifty three thousand Eight Hundred and Fifty Five only) with
interest and other reliefs into the petitioner account, pending disposal of the
above writ petition. ^
Counsel for the Petitioner: SRI GANDHAM SR PRASAD ^
Counsel for the Respondent No. 1:GP MUNCIPAL ADMN AND URBAN-
DEV
Counsel for the Respondent No. 2: GP FOR REVENUE
Counsel for the Respondent Nos. 3 and 4: M/S SIREESHA RANI V SC
FOR MUNICIPALITY
Counsel for the Respondent No. 5:GP FOR FINANCE PLANNING "
The Court made the following order:
APHC010369742025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3457]
(Special Original Jurisdiction)
THURSDAY, THE TWENTY FOURTH DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 18813/2025
Between;
1.GUDAPATI RADHA KRISHNA,, S/0. GANGA RAO, HINDU, MALE,
AGED 55 YEARS, OCC- CIVIL CONTRACTOR, R/0. H.NO. 9-1-5,
RAMACHANDRAPURAM, JANGAREDDIGUDEM, ELURU DISTRICT
(ERNST W.G. DISTRICT).
...PETITIONER
AND
1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN
DEVELOPMENT DEPARTMENT,SECRETARIAT, VELAGAPUDI,
AMARAVATHI.
2.THE DISTRICT COLLECTOR, ELURU,ELURU DISTRICT (ERNST
WEST GODAVARI DISTRICT).
3.JANGAREDDIGUDEM MUNICIPALITY, REP.BY ITS THE
COMMISSIONER, JANGAREDDIGUDEM, ELURU DISTRICT,
(ERNST WEST GODAVARI DISTRICT).
4.THE ASST EXECUTIVE ENGINEER, OFFICER IN-CHARGE OF
WORK, JANGAREDDIGUDEM MUNICIPALITY,
JANGAREDDIGUDEM, ELURU DISTRICT (ERNST WEST GODAVARI
DISTRICT).
5.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL
SECRETARY, DEPARTMENT OF FINANCE AND PLANNING,
SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI GUNTUR
DISTRICT.
...RESPONDENT(S):
Counsel for the Petitioner;
2
1.GANDHAM SR PRASAD
Counsel for the Respondent(S):
1.GP FOR REVENUE
2.GP MUNCIPAL ADMN AND URBAN DEV AP
3.GP FOR FINANCE PLANNING
The Court made the following:
3
ORDER:-
Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Finance and the learned Standing Counsel for the respondent-corporation.
2. The learned counsel for the petitioner submits that the petitioner has completed the work of construction of CC Road from K. Nageswarao house to th D.No.8-1-101 to Alladi Raja house D.No.8-1-112 in 11 ward in Jangareddigudem Municipality and Mandal, Eluru District (Ernst West Godavari District), entrusted by the respondent-corporation and submitted the final bills.
3. It is submitted that a total amount of Rs. 12,53,855/- is due and payable by the respondent-Corporation to the petitioner on account of the completion of the aforesaid works. However, the said amount has not been paid.
4. 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.
5. Accordingly, this Writ Petition is disposed off. There shall be no order as to costs.
npi As a sequel, miscellaneous petitions pending, if any, shall stand closed.
Sd/- M.RAMESH BABU //TRUE COPY// DEPUTY REGISTRAR w SECTION OFFICER To,
1. The Principal Secretary, Municipal Administration and Urban Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi
2. The District Collector, Eluru, Eluru District (Ernst West Godavari District).
3. The Commissioner, P, Jangareddigudem Municipality, Jangareddigudem Eluru District, (Ernst West Godavari District),
4. The Asst Executive Engineer, Officer In-charge of Work, Jangareddigudem Municipality Jangareddigudem, Eluru District (Ernst West Godavari District).
5. The Principal Secretary, Department of Finance and Planning, State of D^^hra Pradesh, Secretariat Buildings Velagapudi, Amaravathi Guntur
6. One CC to Sri. Gandham
7. One CC to S R Prasad Advocate [OPUC] M/s Sireesha Rani Vallabhaneni SC for Municipalities [OPUC]
8. Two CCS to GP for Revenue High Court of Andhra Pradesh [OUT]
9. Two CCs to GP for Finance Planning High Court of Andhra Pradesh [OUT]
10. Two CCs to GP for Municipal Admin and Urban Development, High Court of Andhra Pradesh [OUT]
11. Two CD Copies GSC HIGH COURT DATED:24/07/2025 ORDER WP NO. 18813 OF 2025 DISPOSING THE WP WITHOUT COSTS