Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 23953 (AP)

Sri. Md.Shakeer Ahmed v. The State of Andhra Pradesh,

WP/17406/2025 · 2025-07-13

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010338292025 IN THE HIGH COURT OF ANDHRA PRADESH^^ AT AMARAVATU (Special OriginalJurisdiction) 0a? MONDAY. THE FOURTEENTH DAY OF JULY u TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N I WRIT PETITION NO: 17406 OF 2025 Between: V... V Sri. Md.Shakeer Ahmed, S/o. Md.Noor Ahmed, Age 33 years, D.No.3/173/B, Osmania Collage road, Kurnool, Kurnool District. ...Petitioner, AND 1. The State Andhra Pradesh, Rep by its Principal Secretary, Department of Municipal Administration and urban development. Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The District. 3. Executive Engineer, Kurnool Municip^LCorporation Kurnool District 4. The State of^ndhra Pradesh, Rep. by its Principal Secretary Department of Finance and Planning. Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. Kurnool Municipal Corpora‘fion, Rep.by its Commissioner, Kurnool ...Respondents Petition under Article 226-6? the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ Order or direction more particularly one Respondents in withholding the payments of pending amounts of Rs. 14,32^26/- ( Rupees in the nature of Writ of Mandamus declaring the action of the f Fourteen Lakhs, Thirty Two Thousand, Eight Hundred And Twenty Six only ) even after finalizing the bills payable to the petitioner in relation to the works i.e., “I. Construction of CC Drain at vasavi gardens near vasavi gardens park and development works at vasavi gardens KMC Park in ward no.17...,Agreement No.302/2023-2024, Dated 22.0^:2024 (4,35,197/-), 11. Restoration and repairs of CC Drain and CC Road from 32/321 to up to 16th sachivalayam, gadda street 16th sachivalayam 6th ward. Agreement no.320/2023-24, Dated 16.02.2024 (5,70,241/-), III.Restoration and repairs of CC Drain and CC Roads from 32/^-A1 To 32/227-t) and 32/234 to 32/239- B Gadda street 16th Sachivalayam 6th ward.(Rs.4,27,388/-)” For the year 2023 as bad, illegal, arbitrary, improper, unjust and against the Article 21 of constitution of India and consequently direct the respondents to pay the amounts of Rs. 14,32,8^6/- (Rupees Fourteen Lakhs, Thirty Two Thousand, Eight Hundred And Twenty Six only) with interest @ 24% per annum for the delayed amount till date of realization for the works executed by the petitioner. ■// w/ 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 releasing the amounts Rs. 14,32,'826/- (Rupees Fourteen Lakhs, Thirty Two Thousand, Eight Hundred And Twenty Six only ) payable to him, pending disposal of the write petition. Counsel for the Petitioner: SRI DEVASRI ROSHAN KANCHARLA Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos. 2 & 3: SRI P VENGALA REDDY (SC FOR MUNICIPAL CORPORATIONS Counsel for the Respondent No.4: GP FOR FINANCE & PLANNING The Court made the following order: ^pHC010338292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17406/2025 Between: -1.SRI- MD.SHAKEER AHMED, S/0. MD.NOOR AHMED AGE 33 years,D.N0.3/173/B, OSMANIA COLLAGE ROAD, KURNOOL, kurnool district. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION and urban development, VELAGAPUDI, AMARAVATHI, GUNTUR. SECRETARIAT BUILDING, 2.THE KURNOOL MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, KURNOOL DISTRICT. 3.EXECUTIVE ENGINEER, KURNOOL MUNICIPAL CORPORATION KURNOOL DISTRICT 4.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1.DEVASRI ROSHAN KANCHARLA 2 Counsel for the Respondent{S): 1 .GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING The Court made the following: 3 Order:- The learned counsel for the petitioner submits that the petitioner has executed the works entrusted by the 2”^^ respondent, including; (i) construction of a CC drain at Vasavi Gardens near Vasavi Gardens Park and development works at Vasavi Gardens KMC Park in Ward No.17, as per Agreement No.302/2023-2024, dated 22.01.2024; (ii) restoration and repairs of the CC drain and CC road from 32/321 up to 16‘^ Sachivalayam, Gadda Street, 16^'^ Sachivalayam, Ward, as per Agreement No.320/2023-2024, dated 16.02.2024; and (iii) restoration and repairs of CC drains and CC roads from 32/228-A1 to 32/227-D and from 32/234 to 32/239-B, Gadda Street, 16 Sachivalayam, 6^'^ Ward. It is submitted that a total amount of Rs.14,32,826/- is due and payable by the 2""^ respondent to the petitioner on account of the completion of the aforesaid works. th It is submitted that, after having completed the works, the petitioner 2. rd submitted the final bills, which were also approved for payment by the 3 nd respondent. However, no payments were forthcoming from the 2 respondent-corporation. Heard the learned counsel for the petitioner and Sri P. Vengala Reddy the learned Standing Counsel for the 2^^^ respondent-corporation . 3. Considering the submissions, there shall be a direction to the 2'^'^ respondent-corporation to verify and release the payments as 4. ■ *i expeditiously as possible preferably within a period of six (06) weeks from the ^ date of receipt of a copy of this order. 5. Accordingly, this Writ Petition is disposed off. There shall be to costs. no order as As a sequel, miscellaneous petitions pending, if shall stand closed. RFmcTo*.^ Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// FICER To. SB 1. The Principal Secretary, Department urban development, Guntur. 3 T»",‘rlTr“ Ku^o., o.«, 4. The Principal Secretary, r Secretariat Buildings, Velagapudi 5. One CC to Sri Devasri Ftoshan 6. One CC to Sri P Advocate [OPUC] T. Two CCs to GP for Andhra Pradesh [OUT] 8. Two CCs to GP for [OUT] 9- Two CD Copies of Mun'tdpal Administration Secretariat Building, Velagapudi, Amaravathi and Department of FinantB and Planning - Amaravathi, Guntur District. Kancharla, Advocate [OPUC] for Municipal Corporations) Vengala Weddy (SC Municipal Admn. & Urban Dev, High Court of Finance & Planning, High Court of Andhra Pradesh TF I HIGH COURT DATED; 14/07/2025 ORDER WP NO. 17406 OF 2025 I 2 S AUG 2025 ^ Current Seciion ^ DISPOSING OF THE W.P., WITHOUT COSTS