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2025 DAILYLAW 23849 (AP)

Shaik John Saida v. The State of Andhra Pradesh,

WP/17046/2024 · 2025-08-29

Harinath N

body2025

Judgment text

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APHC010337092024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SATURDAY, THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17046 OF 2024 Between: 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, Gorantia, Guntur, Guntur District. 4. Chilakaluripet Municipality, Rep. by its Commissioner, Chilakaluripet, Palnadu District. 5. The Deputy Executive Engineer, Chilakaluripet, Palnadu District. 6. The District Treasury Officer, Narasaraopet, Palnadu District. 7. The Chief Executive Officer, AP CFMS Office, Anjaneya Towers, Ibrahimpatnam, Krishna District. Chilakaluripet Municipality, 6th Floor, C-Block ...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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amounts of Rs.4,53,099/- vide M Book No.234/2017-18 and Rs.3,12,865/- vide M Book No.49/2021-22, even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1 .Supply of manmazdoor. Hire charges for Electrical motors. Oil Engines, Zeep and sand bags for filling arrangements for watching with canal water at (OLD and New SS Tanks Filling) in Chilakaluripet Municipality, vide Agreement No. 114/2023-24, dated 20.07.2023 and 2.Repair of Pot Holes in 10th, 13th, 14th, 15th and 16th Ward sachivalayams at Various Places in Chilakaluripet Municipality, vide Agreement No.274/2022-23, dated 17.01.2023 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.4,53,099/- vide M Book No.234/2017-18 and Rs.3,12,865/- vide M Book No.49/2021-22 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith. lA 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 to direct the respondents to pay for payment of amount of Rs. 4,53,099/- vide M Book No.234/2017-18 & Rs.3,12,865/- vide M Book No.49/2021-22 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. I.Supply of manmazdoor. Hire charges for Electrical motors. Oil Engines, Zeep and sand bags for filling arrangements for watching with canal water at (OLD & New SS Tanks Filling) in Chilakaluripet Municipality, vide Agreement No. 114/2023-24, dated 20.07.2023 & 2.Repair of Pot Holes in 10th, 13th, 14th, 15th and 16th Ward sachivalayams at Various Places in Chilakaluripet Municipality, vide Agreement No.274/2022-23, dated 17.01.2023, forthwith, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI BATHALA RAMESH Counsel for the Respondent Nos. 4 & 5: SRI J DILEEP KUMAR Counsel for the Respondent Nos. 1 & 3: GP FOR MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos. 2, 6 & 7: GP FOR FINANCE & PLANNING The Court made the following order: APHC010337092024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] SATURDAY,THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17046/2024 Between: ...PETITIONER Shaik John Saida AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.BATHALARAMESH Counsel for the Respondent{S): 1.JDILEEP KUMAR 2.GP MUNCIPAL ADMN AND URBAN DEV AP 3.GP FOR FINANCE PLANNING The Court made the following: -2- W.P. No.17046 OF 2024 Date oforder:30.08.2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.17046 OF 2024 ORDER 1. The learned counsel for the petitioner submits that the petitioner has executed work as entrusted by the 4*^ respondent-corporation and submitted final bills. It is submitted that the competent authority has also recorded the progress of work and certified the work in the M-Book. It is submitted that an amount of Rs.,4,53,099/- vide M Book No.234/2017-18 and Rs.3,12,865/- vide M Book No.49/2021-22 are due and payable by the respondents to the petitioner. It is submitted that the bills were also uploaded in the CFMS Portal. However, no amounts have been forth coming. 2. Heard the submissions of the learned counsel for the petitioner. the learned Government Pleader for Municipal Administration and Urban Development; the learned Assistant Government Pleader for Finance and Planning, and the learned Standing Counsel for the respondent-corporation. 3. Considering the submissions, the respondents 2 and 4 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. -3- W.P. No.17046 OF 2024 Date of order;30.08.2025 4. Accordingly, the Writ Petition is disposed of. No costs. 5. Pending miscellaneous petitions, if any, shall standclosed. Sd/-M. SRINIVAS / ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Special Chief Secretary, Department And Urban Development Amaravathi, Guntur District. 2. The Principal Secretary, Department Secretariat Buildings, Velagapudi, Amaravathi 3. The Director of Municipal Administration District. 4. The Commissioner, Chilakaluripet Municipaiity, Chiiakaluripet Palnadu District. of Municipal Administration Secretariat Buiidings, Veiagapudi, of Finance and Planning, j, Guntur District. Gorantia, Guntur, Guntur 5. The Deputy Executive i Chilakaluripet, Palnadu District. Engineer, Chilakaluripet Municipality, 6. The District Treasury Officer, Narasaraopet, Palnadu District. 7. The Chief Executive Officer AP CFMS Office, Anjaneya Towers, Ibrahimpatngim, Krishna 8. One CC to Sri Bathala Ramesh 6th Floor, C-Block, District. Advocate [OPUC] 9. One CC to Sri J Dileep Kumar, Advocate [OPUC] 10. Two CCs to GP for Muncipal Admn Andhra Pradesh [OUT] 11. Two CCs to and Urban Dev, High Court of GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 12. Two CD Copies TF HIGH COURT DATED:30/08/2025 ORDER WP NO. 17046 OF 2024 DISPOSING OF THE W.P., WITHOUT COSTS