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2025 DAILYLAW 23033 (AP)

CHUKKALURU RAMESH BABU v. THE STATE OF ANDHRA PRADESH

WP/16507/2025 · 2025-09-11

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010337072024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17073/2024 Between: 1. SHAIK JOHN SAIDA, S/O.KASIM PEERA, AGED ABOUT 59 YEARS, OCC CONTRACTOR, R/O. 12-810, 3RD LINE, MADDI NAGAR, CHILAKALURIPET, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE DIRECTOR OF MUNICIPAL ADMINISTRATION, GORANTLA, GUNTUR, GUNTUR DISTRICT. 4. CHILAKALURIPET MUNICIPALITY, REP. BY ITS COMMISSIONER, CHILAKALURIPET, PALNADU DISTRICT. 5. THE DEPUTY EXECUTIVE ENGINEER, CHILAKALURIPET MUNICIPALITY, CHILAKALURIPET, PALNADU DISTRICT. 6. THE DISTRICT TREASURY OFFICER, NARASARAOPET, PALNADU DISTRICT 2 7. THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE, 6TH FLOOR, C-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA 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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amounts of Rs 4,54,676/- vide M Book No. 113/2020-21 and Rs.2,26,568/- vide M Book No.94/2021-22, even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1.Supply of manmazdoor and Hire basis for JCB, Zeep and sand bags for filling arrangements for watching with canal water from (Kottappa konda chamber to OLD & New SS Tanks) in Chilakaluripet Municipality, vide Agreement No. 111/2023- 24, dated 19.07.2023 and 2.Construction of RCC Culvert beside of Rs.4,54,676/- of Mallela Satyannarayana complex at Kummari colony in 7th ward in Chilakaluripet Municipality, vide Agreement No. 163/2021-22, dated 29.11.2021 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.4,54,676/- vide M Book No.113/2020-21 and Rs.2,26,568/- vide M Book No.94/2021-22 with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith IA NO: 1 OF 2024 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 please to direct the respondents to pay for payment of amount of Rs.4,54,676/- vide M Book No. 113/2020-21 & Rs.2,26,568/- vide M Book No.94/2021-22 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. 1.Supply of manmazdoor and Hire basis for JCB, Zeep and sand bags for filling arrangements for watching with canal water from (Kottappa konda chamber to OLD & New SS Tanks) in Chilakaluripet Municipality, vide Agreement No. 111/2023-24, dated 19.07.2023 & 2. Const ruction of RCC Culvert beside of Mallela Satyannarayana complex at Kummari colony in 7th ward in Chilakaluripet Municipality, vide Agreement No. 163/2021-22, dated 29.11.2021, forthwith, pending disposal of the Writ Petition and pass. 3 Counsel for the Petitioner: 1. BATHALA RAMESH Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING The Court made the following: 4 ORDER:- Learned counsel for the petitioner submits that the petitioner has executed works as per (i) Agreement No.111/2023- 24, dated 19.07.2023, and (ii) Agreement No.163/2021-22, dated 29.11.2021, as entrusted by the respondents and submitted final bills. It is submitted that the competent authority has also recorded the progress of works and certified the works in the M-Book. It is submitted that an amounts of Rs.54,676/- and Rs.2,26,568/- are due and payable by the respondents to the petitioner. 2. The learned Standing Counsel appearing for respondent Nos.4 and 5 on written instructions submits that the bills of the petitioner have been submitted in CFMS Portal also. However, for want of funds, payments could not be released. 3. Considering the submissions, the respondents 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. 4. Accordingly, the Writ Petition is disposed off. No order as to costs. As a sequel, interlocutory applications pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Date: 12.09.2025 SR