Extracted from the PDF above. The PDF is authoritative.
APHC010338332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17584 OF 2025 Between; 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 of Andhra Pradesh, Rep by its Principal Secretary, Department of Municipal Administration and urban development. Secretariat Building, Velagapudi, Amaravathi, Guntur. 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. ...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 for the reasons stated in the accompanying affidavit. It is humbly submitted that the present writ petition is being filed agrieved by the action of the Respondents in withholding the payments of Rs. 13,63,818/- (Thirteen
Lakhs, Sixty Three Thousand, Eight Hundred And Eleven Rupees only ) for the year 2023, even after finalizing the bills, payable to the petitioner in relation to the works “I. Laying of CC Road and drain at JS Classic homes to Joharapuram main road in ward no.17, Agreement No.299/2023- 2024, Dated 22.01.2024 (4,45,838/-), II. Construction of CC Drain from yasoda hospital to pole no.EH4/A6 in 42 ward,Agreement no.197/2023- 24, Dated 22.01.2024(9,13,980/-)" of 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. 13,63,818/- (Thirteen Lakhs, Sixty Three Thousand, Eight Hundred And Eleven Rupees only) with interest at 24% per annum for the delayed amount till date of realization for the works executed by the petitioner. 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. 13,63,818/- ( Rupees Thirteen Lakhs Sixty Three Thousand, Eight Hundred And Eighteen 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:
i wr- APHC010338332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17584/2025 Between: I.MD SHAKEER AHMED, S/O. YEARS,D.N0.3/173/B, KURNOOL DISTRICT. MD.NOOR AHMED, OSMANIA COLLAGE ROAD, AGE 33 KURNOOL, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, VELAGAPUDI, AMARAVATHI, GUNTUR. 2.THE KURNOOL MUNICIPAL CORPORATION COMMISSIONER, KURNOOL DISTRICT. 3.EXECUTIVE ENGINEER, KURNOOL MUNICIPAL CORPORATION, KURNOOL DISTRICT 4.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. SECRETARY, SECRETARIAT BUILDING, REP.BY ITS SECRETARY ...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 toFor the reasons stated in the accompanying affidavit,lt is humbly submitted that the present writ petition is being filed agrieved by the action of
2 the Respondents in withholding the payments of Rs. 13,63,818/- (Thirteen Lakhs, Sixty Three Thousand, Eight Hundred And Eleven Rupees only ) for the year 2023, even after finalizing the bills, payable to the petitioner in relation to the works Laying of CC Road and drain at JS Classic homes to Joharapuram main road in ward no.17...,Agreement No.299/2023- 2024,Dated 22.01.2024(4,45,838/-),. Construction of CC Drain from yasoda hospital to pole no.EH4/A6 in 42 ward ,Agreement no. 197/2023- 24,Dated 22.01.2024(9,13,980/-) ot 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.
13,63,818/- (Thirteen Lakhs, Sixty Three Thousand, Eight Hundred And Eleven Rupees only) with interest at 24 percent per annum for the delayed amount till date of realization for the works executed by the petitioner and pass 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 Pleased to direct the respondents to releasing the amounts Rs. 13,63,818/- ( Rupees Thirteen Lakhs, Sixty Three Thousand, Eight Hundred And Eighteen only ) payable to him, pending disposal of the write petition and pass Counsel for the Petitioner:
1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S):
1.GP MUNCIPAL ADMN AND URBAN DEVAP 2.GP FOR FINANCE PLANNING
3 The Court made the following Order: The learned counsel for the petitioner submits that the petitioner has executed the works entrusted by the 2 nd respondent-corporation and completed the construction work of Laying of CC Road and drain at JS Classic homes to Joharapuram main road as per Agreement No.299/2023-2024 , dated 22.01.2024 and construction of CC Drain from Yasoda hospital to Pole NO.EH4/A6 as per Agreement No. 197/2023-24, dated
22.01.2024. It is submitted that, in all, an amount of Rs. 13,63,818/- is due and payable by the 2"^^ respondent-corporation to the petitioner on account of completion of the aforesaid work. It is submitted that, after having completed the works, the petitioner submitted the final bills, which were also approved for payment by the 3*^^ respondent. However, no payments were forthcoming from the 2 respondent-corporation. 2. nd Heard learned counsel for the petitioner and learned Standing Counsel for the 2"^ respondent-corporation. Considering the submissions, there shall be a direction to the 2^^ respondent-corporation to verify and release the payments expeditiously as possible preferably within a period of six (06) weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed off. There shall be no
3. 4. as
5.
order as to costs.
6. Pending miscellaneous petitions, if any, shall stand closed.
Sd/- G. HELA NAIDU ASSISTANT REGISTRY //TRUE COPY// SECn&^FFICER To,
1. The Principal Secretary, Department of Municipal Administration and urban development, Secretariat Building, Velagapudi, Amaravathi Guntur.
2. The Commissioner, Kurnool Municipal Corporation,
3. The Executive Engineer, Kurnool Municipal Corporation, District
4. The Principal Secretary, Department i Secretariat Buildings, Velagapudi, Amaravathi,
5. One CC to Sri Devasri Roshan Kancharla,
6. One CC to Sri P Vengala Reddy (SC Advocate [OPUC]
7. Two CCS to GP for Municipal Admn. & Urban Dev, High Court of Andhra Pradesh [OUT]
8. Two CCs to GP for Finance & [OUT]
9. Two CD Copies Kurnool District. Kurnool of Finance and Planning Guntur District. Advocate [OPUC] for Municipal Corporations), Planning, High Court of Andhra Pradesh TF
HIGH COURT DATED:15/07/2025
ORDER WP NO. 17584 OF 2025 2» M 2025 O'' m €(3 ^ . Curreni Section •■'5?
DISPOSING OF THE W.P., WITHOUT COSTS