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2025 DAILYLAW 23851 (AP)

SHAIK JOHN SAIDA v. THE STATE OF AP

WP/17188/2024 · 2025-08-27

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010337312024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17188/2024 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 AP, 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 tomay 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.93,680/- vide M Book No.62/2022-23 and Rs.4,61,332/- vide M Book No. 105/2021-22, even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1.Rectification of leaks on Pumping main line at Pandaripuram head works and Providing Inter connection at YSR Colony in Chilakaluripet Municipality, vide Agreement No.211 A/2022-23, dated 14.11.2022 and 2.Providing Kacha drain and Laying of RCC pipes from Venkateswara swamy temple to Ogeru vagu (Poleramma temple road) 31st ward in Chilakaluripet Municipality, vide Agreement No. /2021-22, dated 04.02.2022 is questioned, as the ssime is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.93,680/- vide M Book No.62/2022-23 and Rs.4,61,332/- vide M Book No. 105/2021-22 with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass 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 May please to direct the respondents to pay for payment of amount of Rs.93,680/- vide M Book No.62/2022-23 & Rs.4,61,332/- vide M Book No. 105/2021-22 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. 1.Rectification of leaks on Pumping main line at Pandaripuram head works and Providing Inter connection at YSR Colony in Chilakaluripet Municipality, vide Agreement N0.211A/2022-23, dated 14.11.2022 & 2.Providing Kacha drain and Laying of RCC pipes from Venkateswara swamy temple to Ogeru vagu (Poleramma temple road) 31st ward in Chilakaluripet Municipality, vide Agreement No. /2021-22, dated 04.02.2022, forthwith, pending disposal of the Writ petition and pass Counsel for the Petitioner: 3 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 entrusted by the respondents vide Agreement Nos.211A/2022-23, dated 14.11.2022 and /2021-22, dated 04.02.2022 and submitted the final bills. It is submitted that the competent authority has recorded the progress of the works and certified the same in the M-Book. It is further submitted that, in all, an amount of Rs. 93,680/- and Rs.4,61,332/- is due and payable by the respondents to the petitioner. Though the progress of the works was recorded in the M-Book, no amount has been forthcoming. 2. 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 & Planning, and the learned Standing Counsel for the Municipality. 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 six (06) weeks from the date of receipt of a copy of this order. 4. Accordingly, the Writ Petition is disposed of. No costs. 5. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 28.08.2025 PNS