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2025 DAILYLAW 23852 (AP)

SHAIK JOHN SAIDA v. THE STATE OF ANDHRA PRADESH

WP/17109/2024 · 2025-09-02

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESJ^^^^ AT AMARAVATI (Special Original Jurisdiction) APHC010337082024 OM QJ WEDNESDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17109 OF 2024 Between: Shatk John Saida, S/o.Kasim Peera, Aged about 59 years, Occ. Contractor R/o. 12-810, 3^^ Line, Maddi Nagar, Chilakaluripet, Guntur District. ...Petitioner AND 1i 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 Municipality, Chilakaluripet, Palnadu District. I 6. The District Treasury Officer, Narasaraopet, Palnadu District. 7. The Chief Executive Officer. AP CFMS Office 6*'’ Floor, C-Block, j^njaneya Towers, Ibrahimpatnam, Krishna 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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amounts of Rs.4,55,280/- vide M Book No.26/2021-22 and Rs.l,76,742/- vide M Book No.53/2021-22, even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1.Supply of manmazdoor and Hire basis for dCB, Zeep and sand bags for filling arrangements for watching with canal water from (kottappa konda chamber to OLD and New SS Tanks) in Chilakaluripet Municipality, vide Agreement No. 110/2023-24, dated 19.07.2023 and 2.Construction of balance RCC culvert at KGN lorry Transport (shadhikhana Road) Bazar in Subbaiah thota in 24*^ ward in Chilakaluripet Municipality, vide Agreement No. 157/2022-23, dated 25.08.2022 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.4,55,280/- vide M Book No.26/2021-22 and Rs.1,76,742/- vide M Book No.53/2021-22 with interest @24 percent 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.4,55,280/- vide M Book No.26/2021-22 & Rs. 1,76,742/- vide M Book No.53/2021-22 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. 110/2023-24, dated 19.07.2023 & 2.Construction of balance RCC culvert at KGN lorry Transport (shadhikhana Road) Bazar in Subbaiah thota in 24^'' ward in Chilakaluripet Municipality 25.(1)8.2022, forthwith, pending disposal of the Writ Petition Coijhsel for the Petitioner: SRI BATHALA RAMESH Coi^nsel for the Respondents No.1, 3: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondents No.2, 6, 7: GP FOR FINANCE AND PLANNING The Court made the following order: APHC010337082024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17109/2024 Between: 1.SHAIK JOHN SAIDA, S/O.KASIM PEERA, AGED ABOUT 59 YEARS, R/0.12-810, 3RD LINE, MADDI NAGAR, OCC CONTRACTOR CHILAKALURIPET, GUNTUR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETAIY, AND URBAN DEVELOPMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. DEPARTMENT OF MUNICIPAL ADMINISTRATION SECRETARIAT BUILDINGS, 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT OF FINANCE AND PLANNING, SECRETARY, 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. CHILAKALURIPET 5.THE DEPUTY EXECUTIVE ENGINEER, MUNICIPALITY, CHILAKALURIPET, PALNADU DISTRICT. 6.THE DISTRICT TREASURY OFFICER, NARASARAOPET, PALNADU DISTRICT. 7.THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE C-BLOCK, ANJANEYA TOWERS DISTRICT. 6TH FLOOR, IBRAHIMPATNAM, KRISHNA ...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 topleased 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.4,55,280/- vide M Book No.26/2021-22 and Rs.l,76,742/- vide M Book No.53/2021-22 even after finalizing the bills, payable to the petitioner in relation to the works i.e., 1.Supply of manmazdoor and Hire basis for dCB, Zeep and sand bags for filling arrangements for watching with water from (kottappa konda chamber to OLD and New SS Tanks) i Chilakaluripet Municipality, vide Agreement No. 110/2023-24, dated 19[07.2023 and 2.Construction of balance RCC culvert at KGN lorry Transport (shadhikhana Road) Bazar in Subbaiah thota in 24th ward in Chjilakaluripet Municipality, vide Agreement No. 157/2022-23, dated 25.08.2022 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.4,55,280/- vide M Book No.26/2021-22 and Rs.l,76,742/- vide M Book No.53/2021-22 interest @24 percent per annum for the delayed amount to the respect of execution of above-mentioned work forthwith and canal in with petitioner in pass 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 please to direct the respondents to pay for payment of amount Rs.4,55,280/- vide M Book No.26/2021-22 & Rs. 1,76,742/- vide M Book No.63/2021-22 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 of No. 110/2023-24, dated 19.07.2023 & 2.Construction of balance RCC culvert at KGN lorry Transport (shadhikhana Road) Bazar in Subbaiah thota in 24th ward in Chilakaluripet Municipality, 25.08.2022, forthwith, pending disposal of the Writ Petition pass and Counsel for the Petitioner: w. r 3 1.BATHALA RAMESH Counsel for the Respondent(S); 1 .GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 4 Order:- Learned counsel for the petitioner submits that the petitioner has executed I ■ 11 wc^fks entrusted by the respondents vide (i) Agreement No. 110/2023-24, dated j I 19Jb7.2023. and (ii) Agreement No. 157/2022-23 dated 25.08.2022, and 11 suljjmitted the final bitls. 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. 4,55,280/- and Rs. 1,76,742/- 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. Heard the learned counsel for the petitioner, the learned Assistant 2. Government Pleader for Municipal Administration and Urban Development; the learhed Assistant Government Pleader for Finance & Planning, and the learned Stariding Counsel for the respondent Municipality. Considering the submissions, the respondent Nos.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 3. date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed off. No costs. 4. Pending miscellaneous petitions, if any, shall stand closed. 5. Sd/-GHELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Special Chief Secretary, Department of Municipal Administration Secretariat Buildings, Velagapudi, And Urban Development Amaravathi, Guntur District. 2. The Principal Secretary, State of Andhra Pradesh, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The Director of Municipal Administration, Gorantia, Guntur, Guntur District. 4. The Commissioner, Chilakaluripet Municipality, 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 OEMS Office Anjaneya Towers, Ibrahimpatnam, Krishna District. 8. One CC to SRI BATHALA RAMESH Advocate [OPUC] 9. Two CCs to GP FOR MUNCIPAL ADMN URBAN Andhra Pradesh [OUT] 10. Two CCs to GP FOR REVENUE, High Court of Andhra 11. Two CD Copies Chilakaluripet Municipality 6th Floor, C-Block DEV High Court of Pradesh [OUT] gsg HIGH COURT DATED; 03/09/2025 ORDER WP NO. 17109 OF 2024 ANO/y^ g 2 2 SEP 2025 Co n ■V/ ^ Current Section -k ■ -T', t} T’’ A A.' DISPOSING THE WP WITHOUT COSTS