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2025 DAILYLAW 21707 (AP)

S LEELA MOHAN REDDY v. THE STATE OF ANDHRA PRADESH

WP/15540/2025 · 2025-08-13

Harinath N

body2025

Judgment text

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APHC010307152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15540/2025 Between: 1. S LEELA MOHAN REDDY, S/O. S. VENKATA SUBBA REDDY, AGED 37 YEARS, D.NO.23-3-2131, 12TH STREET, CHANDRAMOULI NAGAR, A.K.NAGAR, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL, ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT. 3. THE NELLORE MUNICIPAL CORPORATION, REP.BY. COMMISSIONER, SPSR NELLORE DISTRICT. 4. THE EXECUTIVE ENGINEER, MUNICIPAL CORPORATION, SPSR NELLORE 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): 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 2 pleased topleased to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 19,52,141/- (Nineteen Lakhs, Fifty Two Thousand, One hundred and Forty one Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e.' I. Upgradation of CC Road from D.No.25- 11-32 to D.No.25-2-775 in chandramouli nagar in division no.27 of NMC Under Gadapa gadapaku mana prabhutvam vide Agreement no.542/GGMP/EEI/2023- 24,Dated.13.01.2024'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. 19,52,141/- (Nineteen Lakhs, Fifty Two Thousand, One hundred and Forty one Rupees only) with interest @ 24per annum for the delayed amount till date of realization for the works executed by the petitioner 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 the respondents to forthwith consider releasing the amounts Rs. 19,52,141/- (Nineteen Lakhs, Fifty Two Thousand, One hundred and Forty one Rupees only) payable to the petitioner herein, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. A S C BOSE 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. GP FOR FINANCE PLANNING The Court made the following: 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15540/2025 ORDER : Learned counsel for the petitioner submits that the petitioner has completed the work of laying of CC Road from D.No.25-11-32 to D.No.25-2- 775 in Chandramouli Nagar in Division No.27 of NMC Under Gadapa Gadapku Mana Prabhutam vide Agreement No.542/GGMP/EEI/2023-24, dated 13.01.2024 entrusted by the 4th respondent and submitted final bills. However, amounts have not been paid. Aggrieved by the same, the present Writ Petition is filed. 2. It is stated in the counter that the bills could not be 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 3rd respondent-Corporation. 3. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development, the learned Assistant Government Pleader for Finance and also the learned Standing Counsel. 4. Considering the submissions, the respondents 3 and 5 are hereby directed to verify and release the payment due payable to the petitioner as expeditiously as possible preferably within a period of six weeks from the date of receipt of a copy of this order. 5. Accordingly, the Writ Petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall stand closed. ______________________ JUSTICE HARINATH.N KGM 4 247 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15540/2025 Dated 14.08.2025 KGM