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2025 DAILYLAW 23875 (AP)

Shaik John Saida, v. The State of Andhra Pradesh,

WP/17180/2024 · 2025-08-27

Harinath N

body2025

Judgment text

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APHC010337322024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17180 OF onoA 0^ hiM >i M -A Between: Shaik John Saida, S/o.Kasim Peera, Contractor, R/o. 12-810, 3rd Line, Maddi Nagar District. Aged about 59 years, Occ . Chilakaluripet, Guntur ...Petitioner AND 1. The State of Andhra Pradesh, f Department of Municipal Administration Rep. by its Special Chief Secretary, I And Urban Development, Guntur District. Secretariat Buildings, Velagapudi, Amaravathi, 2. The State of Andhra Pradesh Department of Finance Rep. by its Principal Secretary, Secretariat Buildings, and Planning Velagapudi, Amaravathi, Guntur District. 3. The Director of Municipal Administration District. Gorantia, Guntur, Guntur 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 7. The Chief Executive Officer District. 6th Floor, C-Block AP CFMS Office, Anjaneya 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, pleased to issue a writ of mandamus the High Court may be or any other appropriate writ or direction declaring the action of the Respondents not releasing the amounts of ,41,654/- vide M Book Rs.4,53,996/- vide M Book No.89/2022-23 and Rs.4 No.99/2022-23, even after finalizing the bills relation to the works i. payable to the petitioner in e., 1.Supply of manmazdoor. Hire charges for Electrical motors, oil engines Zeep and sand bags for filling arrangements for watching canal water (OLD and NEW SS Tanks Filling) in Chilakaluripet Municipality, vide Agreement No.300/A/2022-23 with , dated 02.03.2023 and for filling arrangements for 2.Supply of manmazdoor, Zeep and sand bags watching with canal water from (10R majar to kottappa konda chamber) I Chilakaluripet Municipality, vide Agreement 01.03.2023 is questioned in No. 295A/2022-23, dated as the same is illegal, arbitrary and direct the respondents to pay for payment of amounts of Rs.4,53,996/ Book No.89/2022-23 and consequently -videM Rs.4,41,654/- vide M Book No.99/2022-23 per annum for the delayed amount to the petitioner respect of execution of above-mentioned work forthwith. with interest @24 percent in lA NO: 1 OF 2n?4 Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court may be pleased direct the respondents to pay for payment of Book No.89/2022-23 and Rs.4,41,654/- praying that in the circumstances stated to amount of Rs.4,53,996/- vide M vide M Book No.99/2022-23 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. 1 .Supply of manmazdoor. Hire charges for Electrical motors, oil engines Zeep and sand bags for filling with canal water (OLD andNEW SS arrangements for watching Tanks Filling) in Chilakaluripet N0.300/A/2022-23, dated 02.03.2023 Municipality, vide Agreement 2.Supply of manmazdoor, Zeep and sand bags for filling and arrangements for watching with canal water from (10R majar to kottappa konda chamber) i Chilakaluripet Municipality, vide Agreement No. 01.03.2023, forthwith, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI BATHALA RAMESH Counsel for the Respondent Nos.1,3,5,6: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent Nos.2 & 7:GP FOR FINANCE PLANNING Counsel for the Respondent No.4: NONE APPEARED The Court made the following order: in 295A/2022-23, dated c APHC010337322024 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: 17180/2024 Between: 1.SHAIK JOHN SAIDA,, S/O.KASIM PEERA, AGED ABOUT 59 YEARS OCC CONTRACTOR. R/0. 12-810, 3RD LINE, MADDI NAGAR CHILAKALURIPET,GUNTURDISTRICT. ...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,GUNTURDISTRICT. 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. 7. THE CHIEF EXECUTIVE OFFICER C-BLOCK, ANJANEYA district. AP CFMS OFFICE, 6TH FLOOR ibrahimpatnam towers KRISHNA -RESPONDENT(S): in the pleased to issue a writ of mandlo o .r'"’' be “,99^ r M No.99/2022-23, ' even after'fmaiam^fte^h ir'* '''^e ^ Book relation to the works i e 1 Suon „ of 1 '° ""P PP*'«°"®'' " motors, Oil engines Ze% and s^nd baos frf "'pp'^pp' With canal water (OLD and NEW Municipality, vide Agreement 2.Supply of manmazdoor, Zeep watching with canal water from Chilakaluripet the amounts of Qc T . watching SS’ " “ •"•"srait. to, ,„.“rrs£rr s S' “““ respect of execution of above-mentioned work forthwith and IA NOi1OF2024 02.03.2023 and -23 with to the petitioner in pass in the'a'Srht: fntp^h Please to direct Z "eTpondlnte pTv for '' "“T Rs.4,53,996/- vide M Book No 89 2022 23 Lri^ R 7,TT No.99/2022-23 with interest ®24»/ . Rs.4,41,654/- vide M Book petitioner in respect otrelfon of w^rksiT °slTr^ charges for Electrical mntnrc i ■ ’ ' ^ '^^rimazdoor. Hire arra^o::::;hinT:th'cal^^^^^^^^^^ 02.03 fo^i^’gsSrof''' :anVT"T' N0.300/A/2022 23, :rd~ * “rr NO. of the of the Writ 3 Counsel for the Petitioner: 1.BATHALARAMESH Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 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.300/A/2022 -23, dated 02.03.2023 and 295A/2022-23, dated 01.03.2023 and submitted the final is submitted that the competent authority has recorded the bills. It progress of the works and certified the same in the M-Book. It is further submitted that, in all, of Rs. 4,53,996/- and Rs.4,41,654/- is due and payable by the respondents to the petitioner. Though the progress of the works was recorded in the M-Book amount has been forthcoming. 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. an amount , no 2. 4. Accordingly, the Writ Petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall stand closed. 5. Sd/- V.DIWAKAR DEPUTY REGISTRAR Mr- SECTION OFFICER //TRUE COPY// To, 1. The Special Administration Chief Secretary, And Urban Development, Velagapudi, Amaravathi, Guntur District. Department of Municipal Secretariat Buildings, 2. The Principal Secretary Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The Director of Municipal Administration, Gorantia, Guntur, Guntur District. 4. Commissioner, Chilakaluripet Municipality, Chilakaluripet, Palnadu District. 5. The Deputy Executive Engineer, Chilakaluripet Municipality, Chilakaluripet, Palnadu District. 6. The District Treasury Officer, Narasaraopet, Palnadu District. 7. The Chief Executive Officer, AP CFMS Office, 6th Floor, C-Block, Anjaneya Towers, Ibrahimpatnam, Krishna District. 8. One CC to Sri. Bathala Ramesh, Advocate [OPUC] 9. Two CCs to GP For Muncipal Admn Urban Dev, High Court of Andhra Pradesh [OUT] 10. Two CCs to GP For Finance Planning, High Court of Andhra Pradesh [OUT] 11. Two CD Copies. AL HIGH COURT DATED:28/08/2025 ORDER WP NO. 17180 OF 2024 ^ ANDW^ 15 SEP 2025 f ^ Current Section ^ DISPOSING OF THE W.P. WITHOUT COSTS