O APHC010349732024 Isc > IN THE HIGH COURT OF ANDHRA PRADE^ AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17947 OF 2024 o /7r Between: Chejarla Suresh Reddy, S/o. Venkata Ramana Reddy, Aged about Occ Contractor, R/o. D.No. 2/506, Ramakrishna Nagar SPSR Nellore-524004. / 43 years, Nawabpet, Nellore, / ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary MA and UD Department, Secretariat, Velgapudi, Guntur District. 2. The State of Andhra Pradesh rep. its Principal Secretary, Finance and Planning Department, Secretariat, Velagapudi, Amaravati Guntur District. 3. The District Collector, Nellore, SPSR Nellore District 4. The Nellore Municipal Corporation Nellore, SPSR Nellore District. rep. by its Municipal Commissioner, 5. The Executive Engineer, Municipal Commissioner, District. Nellore, SPSR Nellore i ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances slated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ Order in the nature of Writ of Mandamus withholding the payments of Rs. or direction more particularly declaring the action of the Respondents in 19,87,653/- (Ninteen Lakhs Eighty Seven one Thousand Six Hundred And Fifty Three Rupees only) for the year 2023-24, even after finalizing the bills, payable to the petitioner in relation to the works Construction of CC Drain and Culvert near 6th Town Police Station, MSM School Back Side and Sandani Division No. 14 in Nellore Municipal Corporation under GGMP Grant of estimated cost of Rs.20.00 Lakhs For the year 2023-2024 vide Agreement No. 150/GGMP/2023-24 dated. 22.07.2023 (Work Order Vide WO.No. 155/DB/2023 dated. 20.07.2023) of the 4th Respondent 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. 19,87,653/- (Ninteen Lakhs Eighty Seven Thousand Hundred And Fifty Three Rupees only) with interest @ 24 percent per annum for the delayed amount till date of realization for the Six works executed by the petitioner forthwith. lA NO: 1 OF 209d Petition under Section 151 CPC in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to pay the amounts of Rs. 19,87,653/- (Ninteen Lakhs Eighty Seven Thousand Six Hundred And praying that in the circumstances stated Fifty Three Rupees only) with interest @ 24% per annum for the delayed amount till date of realization for the works executed by the petitioner forthwith pending disposal of the above writ petition. Counsel for the Petitioner: SRI SHAIK MEERAVALI Counsel for the Respondents No.1,3:GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No.2:GP FOR FINANCE & PLANNING Counsel for the Respondents No.4,5: SRI A S MUNICIPAL CORPORATION) The Court made the following order: C BOSE, (SC FOR f APHC010349732024 IN THE HIGH COURT OF ANDHRA PRADESH AX AMARAVATI (Special Original Jurisdiction) [3457] ■ TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRUUSTICE HARINATH.N WRIT PETITION NO: 17947/2024 Between: 1.CHEJARLA SURESH REDDY, -S/0. VENKATA RAMANA REDDY, AGED ABOUT 43 YEARS, OCC CONTRACTOR, R/0. D.NO. 2/506! RAMAKRISHNA NAGAR, NAWABPET, NELLORE, SPSR NELLORE- 524004. ...PETITIONER AND - "■ 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY MA AND UD DEPARTMENT, VELGAPUDI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3.THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT 4.THE NELLORE MUNICIPAL CORPORATION MUNICIPAL COMMISSIONER, DISTRICT. SECRETARIAT, REP. ITS PRINCIPAL REP. BY ITS NELLORE, SPSR NELLORE 5.THE EXECUTIVE ENGINEER, MUNICIPAL COMMISSIONER, NELLORE, SPSR NELLORE 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 to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of Rs. 19,87,653/- (Ninteen Lakhs Eighty Seven Thousand Six Hundred And Fifty Three Rupees only) for the year 2023-24, even after finalizing the bills, payable to the petitioner in relation to the works Construction of CC Drain and Culven near 6th Town Police Station, MSM School Back Side and Sandani Division No. 14 in Nellore Municipal Corporation under GGMP Grant of estimated cost of Rs.20.00 Lakhs For the year 2023-2024 vide Agreement No. 150/GGMP/2023-24 dated. 22.07.2023 (Work Order Vide WO.No. 155/DB./2023 dated. 20.07.2023) of the Respondent 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. 19,87,653/- (Ninteen Lakhs Eighty Seven Thousand Six Hundred And Fifty Three Rupees only) with interest @ 24 percent per annum for the delayed amount till date of realization for the works executed by the petitioner forthwith and to pass 4th lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated upport of the petition, the High Court may be pleased pleased to direct the respondents to pay the amounts of Rs. 19,87,653/- (Ninteen Lakhs Eighty Seven Thousand Six Hundred And Fifty Three Rupees only) with interest @ 24% per annum for the delayed amount till date of realization for the works executed by the petitioner forthwith pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1.SHAIKMEERAVALI Counsel for the Respondent(S): 1.J DILEEP KUMAR 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3.GP FOR FINANCE PLANNING The Court made the following: Hi ihe affidavit filed in s n Order:- f/ Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Finance and the learned Standing Counsel for the / respondent-corporation. / / Learned counsel for the petitioner submits that the petitioner has completed the works as per Agreement No.150/GGMP/2023-24 dated 22.07.2023 (Work Order vide WO3N0.I55/DB/2023 dated 20.07.2023), entrusted by the respondent-Corporation, and has submitted the final bills. 2. It is submitted that a total amount of Rs. 19,87,653/- is due and payable by the respondent-Corporation to the petitioner on account of the completion of the aforesaid works. However, the said amount has not been paid. 3. It is stated in the counter filed by the respondent Nos.4 and 5 that the bills could not be paid on account of financial constraints. It is further stated that the petitioner will be paid soon, after the release of the budget to the 4^'' respondent-corporation. It is also submitted that the bills due and payable to the petitioner are admitted. Considering the submissions, there shall be a direction to the respondents to verify and release the payments as expeditiously as possible preferably within a period of six (06) v^eeks from the date of receipt of of this order. 4. 5. a copy 6. Accordingly, this Writ Petition is disposed off. There shall be no order as to costs. 4 As a sequel, miscellaneous petitions pending, if any, ^hall stand closed Sd/-VvlNOD KUMAg assistant regisjrar //TRUE COPY// SECTION OFFICER 1. The Principal Secretary, State of Andhra Pradesh, MA and UD Department, Secretariat, Velgapudi, Guntur District. 2. The Principal Secretary, State of Andhra Pradesh, Finance and Planning Department, Secretariat, Velagapudi, Amaravati, Guntur District. 3. The District Collector, Nellore, SPSR Nellore District 4. The Municipal Commissioner, Nellore Municipal Corporation, Nellore, SPSR Nellore District. 5. The Executive Engineer, Municipal Commissioner, Nellore, SPSR Nellore District. 6. One CC to SRI. SHAIK MEERAVALI, Advocate [OPUC] 7. One CC to CORPORATION) [OPUC] 8. Two CCs to GP MUNCIPAL ADMN AND URBAN DEV, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP FOR FINANCE PLANNING, High Court of Andhra Pradesh [OUT] 10. Two CD Copies To, SRI. A.S.C. BOSE, Advocate (SC FOR MUNICIPAL nm HIGH COURT DATED:02/09/2025 ORDER WP NO. 17947 OF 2024 17 SP 2025 ar m o O-ic ^•7 ♦ C t; Cl ■iii Or- O ft T DISPOSING OF THE WP WITHOUT COSTS