^ ' APHC010336532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17011 OF 2025 Between: M/s. Sujith Constructions,, Rep., by its Managing Partner, D. Sujith Reddy, S/o.Niranjan Babu Reddy, Aged about 34 years, R/o. D.No.11- 1-189, 2nd Line, Santhinagar, Kovur, SPSR Nellore District. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, SPSR Nellore District, Nellore. 3. The Nellore Municipal Corporation, Rep. by its Commissioner, Nellore, Nellore District. 4. The Executive Engineer, Nellore Municipal Corporation, Nellore, SPSR Nellore District. 5. The State of Andhra Pradesh, Represented by its Principal Secretary, Finance Department, Secretariat Buildings Velagapudi, Guntur District. 6. Pay and Accounts Officer, Nellore, SPSR Nellore 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 a writ or direction or order particularly one in the nature of action of the Respondents herein, in of Rs. 17,91,368/- (Gross Writ of Mandamus declaring the withholding the payment for a net amount Rs. 19,73,217/-), even after finalizing the bills payable to the petitioner in relation to the work i.e., Upgradation of CC Road from D.No.26-12-1208 to in Kondayapalem Pole NO.KP39 and D.No.26-12-1145 to 26-12-1098 Harijanawada in Division No.20 of Nellore Municipal Corporation, Nellore under Gadapa Gadapaku Mana NO.214/GGMP/EE-III/2O23-2024, Dt. 16.09.2023 is illegal and arbitrary apart from violates of Articles 14, 16, 19 and 300-A of The Constitution of India and Agreement Prabhutvam, vide consequently direct the respondents to consider for payment for a net amount of Rs. 17,91,368/- (Gross Rs.19,73,217/-), with an interest @24percent per for the delayed amount to the petitioner in respect of execution of annum above-mentioned work. 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 to Direct the Respondents to release payment for a net amount of Rs. 17,91,368/- (Gross: Rs. 19,73,217/-), even after finalizing the bills payable to the petitioner in relation to the work i.e. D.No.26-12-1208 to Pole No.KP39 and D.No.26-12-1145 to 26-12-1098 in No.20 of Nellore Municipal Upgradation of CC Road from Kondayapalem Harijanawada in Division Corporation, Nellore under Gadapa Gadapaku Mana Prabhutvam, vide Dt. 16.09.2023 with interest Agreement No.214/GGMP/EE-I11/2023-2024, @24% per annum for the delayed amount to the petitioner, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI MALIREDDY GOWTHAM Counsel for the Respondent No. 1: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No. 2: GP FOR REVENUE /y Counsel for the Respondent Nos. 3 and 4: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) Counsel for the Respondent Nos. 5 and 6: GP FOR FINANCE PLANNING The Court made the following order: r APHCOI0336532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17011/2025 Between; 1.M/S. SUJITH CONSTRUCTIONS PARTNER, AGED ABOUT 34 YEARS, R/0. D.N0.11-1-189, SANTHINAGAR, KOVUR, SPSR NELLORE DISTRICT. REP., BY ITS MANAGING D SUJITH REDDY, S/O.NIRANJAN BABU REDDY, 2ND LINE, ...PETITIONER AND STATE OF ANDHRA PRADESH, REPRESENTED BY ITS MUNICIPAL ADMINISTRATION AND SECRETARIAT 1.THE PRINCIPAL SECRETARY, DEVELOPMENT DEPARTMENT, URBAN BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, NELLORE. REP. BY ITS NELLORE MUNICIPAL CORPORATION, COMMISSIONER, NELLORE, NELLORE DISTRICT. 3.THE NELLORE MUNICIPAL 4.THE EXECUTIVE ENGINEER, CORPORATION, NELLORE, SPSR NELLORE DISTRICT. OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, GUNTUR DISTRICT. ACCOUNTS OFFICER, NELLORE, SPSR NELLORE 5.THE STATE 6. PAY AND DISTRICT. ...RESPONDENT(S); 2 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 a writ or direction or order particularly one in the nature of WRIT OF MANDAMUS declaring the Respondents herein, in withholding the payment for a net amount Rs.17,91,368/- (Gross Rs.19,73,217/-), even after finalizing the bills payable to the petitioner in relation to the work i.e., Upgradation of CC Road from D.No.26-12-1208 to Pole No.KP39 and D.No.26-12-1145 to 26-12-1098 in Kondayapalem Harijanawada in Division No.20 of Nellore Municipal Corporation, Nellore under Gadapa Gadapaku Mana Prabhutvam, vide Agreement No.214/GGMP/EE-lll/2O23-2024, Dt. 16.09.2023 is illegal and arbitrary apart from violates of Articles 14, 16, 19 and 300-A of The Constitution of India and consequently direct the respondents to consider for payment for a net amount of Rs.17,91,368/- (Gross Rs.19,73,217/- ), with an interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work., forthwith 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 release payment for a net amount of Rs. 17,91,368/- (Gross: Rs. 19,73,217/-), even after finalizing the bills payable to the petitioner in relation to the work i.e., “Upgradation of CC Road from D.No.26-12-1208 to Pole No.KP39 and D.No.26-12-1145 to 26- 12-1098 in Kondayapalem Harijanawada in Division Municipal Corporation, Nellore under Gadapa Gadapaku Mana Prabhutvam, vide Agreement No.214/GGMP/EE-lll/2023-2024, Dt. 16.09.2023 with interest @24% per annum for the delayed amount to the petitioner, pending disposal of the Writ Petition and pass Counsel for the Petitioner: action of the of No.20 of Nellore 1.MAL1REDDY GOWTHAM Counsel for the Respondent{S): 1.GP FOR REVENUE 2.A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 3.GP MUNCIPAL ADMN AND URBAN DEV AP 3 4.GP FOR FINANCE PLANNING The Court made the following; Order:- counsel for the petitioner, the learned Assistant for Finance and the learned Standing Counsel for the Fleard the learned Government Pleader respondent-corporation. counsel for the petitioner submits that the petitioner has completed the works i.e., Upgradation of C.C.Road from D.No.26-12-1208 to D.No.26-12-1145 to 26-12-1098 in Kondayapalem, No.20 of Nellore Municipal Corporation, Nellore Prabhutvam vide Agreement No Dt. 16.09.2023 entrusted by the concerned 2. Learned Pole No KP39 and Harijanawada in Division under Gadapa Gadapaku Mana 214/GGMP/EE-III/2O23-2024 respondent-corporation, and submitted the final bills. It is submitted that a total amount of Rs.17,91,368/- is due and payable 3. concerned respondent-corporation to the petitioner on account of the aforesaid works. Flowever, the said amount has not been by the completion of the paid. direction to the Considering the submissions, there shall be a 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. 4. 4 5. Accordingly, this Writ Petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if gn>^, shall stand closed. SD/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To The Principal Secretary, State of Andhra Pradesh, Municipal Administration and Urban Development Department, Buildings, Velagapudi, Guntur District. The District Collector, SPSR Nellore District, Nellore. The Commissioner, Nellore Municipal Corporation, Nellore, Nellore District. The Executive Engineer, Nellore Municipal Corporation, Nellore, SPSR Nellore District. The Principal Secretary, State of Andhra Pradesh, Finance Department, Secretariat Buildings Velagapudi, Guntur District. The Pay and Accounts Officer, Nellore, SPSR Nellore District. One CC to Sri. Malireddy Gowtham Advocate [OPUC] Two CCs to GP for Revenue High Court of Andhra Pradesh [OUT] One CC to Sri. A S C Bose (SC for Municipal Corporations) [OPUC] Two CCs to GP for Finance Planning, High Court of Andhra Pradesh [OUT] Two CCs to GP for Municipal Admin and Urban Development, High Court of Andhra Pradesh [OUT] Two CD Copies 1. Secretariat 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. GSC HIGH COURT DATED:06/08/2025 ORDER WP NO. 17011 OF 2025 DISPOSING THE WP WITHOUT COSTS