Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 16699 (AP)

A. NIRANJAN REDDY v. THE STATE OF ANDHRA PRADESH

WP/11563/2025 · 2025-07-20

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010221932025 IN THE HIGH COURT OF ANDHRA PRADESTl AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 11563 OF 2025 ^ Between: Sri A. Niranjan Reddy, S/o. A. Dayakar Reddy, Age: 45 years, Indupur(v), Allur(m), SPSR Nellore District, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Municipal Administration and Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Municipal Corporation, Municipality, Thirupathi District. 3. Municipal Corporation Gudur, Rep.by its Executive Engineer Thirupathi District. 4. The State of Andhra Pradesh,, Rep. by its Principal Secretary Department of Finance And Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. urban development rep.by its Commissioner Gudur Gudur, ...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 in the nature of Writ of Mandamus declaring the action of the Respondents or direction more particularly one in withholding the payments of pending amounts of Rs. 1,11,35.098/- (One Crore eleven Lakhs, Thirty Five Thousand, Ninety Eighty Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e., I. Guntur Municipality-Genaral & SFC Grant-Construction of new Vegetable market in the Existing old market which is to be removed in the survey no 1787, ICS Road, 19th ward in Gudur Municipality SPSR nellore District..., Agreement No.90/2020-2021. Dated-18.01.2021 For the year 2023 as bad Illegal, arbitrary, improper, unjust and against the Article 21 of constitution of India and consequently direct the respondents to pay the amounts of Rs. 1,11,35,098/- (One Crore eleven Lakhs, Thirty Five Thousand, Ninety Eighty Rupees only) with interest @ 24% per annum for the delayed amount till date of realization for the works executed by the petitioner. ^ lA NO: 1 OF 202^ ^ 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 pay the amounts of Rs. 1,11,35.098/- (One Crore eleven Lakhs, Thirty Five Thousand, Ninety Eighty Rupees only) with interest @ 24%per annum for the delayed amount till date of realization for the works executed by the petitioner. Counsel for the Petitioner: SRI DEVASRI ROSHAN Counsel for the Respondent Nos. 2 & 3: SRI GUDAPATI LAKSHMINARAYANA SC FOR MUNICIPALITIES IN RAYALASEEMA REGION Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No.4: GP FOR FINANCE & PLANNING The Court made the following order: KANCHARLA AND - 0*^ APHC010221932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 11563/2025 Between: 1.A. NIRANJAN REDDY, S/0. A. DAYAKAR REDDY, AGE- 45 YEARS INDUPUR(V), ALLUR(M) PRADESH. SPSR NELLORE DISTRICT, ANDHRA ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, VELAGAPUDI, AMARAVATHI, GUNTUR. SECRETARIAT BUILDING, 2.THE MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, GUDUR MUNICIPALITY, THIRUPATHI DISTRICT. 3.MUNICIPAL CORPORATION GUDUR, REP.BY ITS EXECUTIVE ENGINEER, GUDUR, THIRUPATHI DISTRICT. 4.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR 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 tomay be pleased to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action 2 XB of the Respondents in withholding the payments of pending amounts of Rs. 1,11,35,098/- (One Crore eleven Lakhs, Thirty Five ByThousand, Ninety Eighty Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e . Guntur Municipality-Genaral and SFC Grant- Construction of new Vegetable market in the Existing old market which is to be removed in the survey no 1787, ICS Road, 19th ward in Gudur Municipality SPSR nellore District..., Agreement No.90/2020-2021, Dated-18.01.2021 For the year 2023 as bad illegal, arbitrary, improper, unjust and against the Article 21 of constitution of India and consequently direct the respondents to pay the amounts of Rs. 1,11,35,098/- (One Crore eleven Lakhs, Thirty Five Thousand, Ninety Eighty Rupees only) with interest @ 24 per annum for the delayed amount till date of realization for the works executed by the petitioner and pass lA 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 may be pleased to direct the respondents to pay the amounts of Rs. 1,11,35,098/- (One Crore eleven Lakhs, Thirty Five Thousand, Ninety Eighty Rupees only) with interest @ 24%per annum for the delayed amount till date of realization for the works executed by the petitioner and pass Counsel for the Petitioner: 1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): I.Gudapati Lakshminarayana SC For Municipalities in Rayalaseema Region 2.GP MUNCIPAL ADMN AND URBAN DEV AP 3.GP FOR FINANCE PLANNING 3 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner is aggrieved by the non-payment of an amount of Rs.1,11,35,098/- which is due payable by the respondent Nos.2 and 3. It is submitted that the final bills were submitted. However, the payments have not been forth coming. Learned Standing Counsel for the 2"'^ respondent submits that a counter is filed and that the respondent Nos.2 and 3 have released two bills of 2. the petitioner and the third bill is yet to be released. Recording the same, the respondent Nos.2 and 3 are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of six (6) weeks from the 3. 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. 4. 5. Sd/- M.RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// ^ % SECTION OFFICER To. 1. The Principal Secretary, Department of Municipal Administration and urban development. Secretariat Building, Velagapudi, Amaravathtr Guntur. 2. The Commissioner, Municipal Corporation Thirupathi District. 3. The Executive Engineer, Municipal Corporation Gudur Thirupathi District. 4. The Principal Secretary, Department of Finance And Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 5. One CC to Sri Devasri Roshan Kancharla Advocate [OPUC] ^ Gudur Municipality^ GudurT Planning, 6. One CC to Sri Gudapati Lakshminarayana (SC For Municipalities in Rayalaseema Region) Advocate [OPUC] 7. One CC to Sri P Vengala Reddy (SC For Municipal Corporations) Advocate [OPUC] 8. Two CCs to GP for Muncipal Admn and Urban Dev, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP for Finance & Planning High Court of Andhra Pradesh [OUT] 10. Two CD Copies TF HIGH COURT DATED:21/07/2025 ORDER WP NO. 11563 OF 2025 5 0 t AUG 2075 S if Curreni lieciioii DISPOSING OF THE W.P., WITHOUT COSTS