APHC010350202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) •I TUESDAY,THE TWENTY SECOND DAY OF TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18299 OF 2025 Between: N. Sasidhar Reddy, S/o. Sudhakar Reddy, aged 40 years, Occu: Contractor, R/o. Ogurupaadu, Nellore Rural Mandal, SPSR Nellore District. ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary Urban Development Department, A.P. for Municipal Administration Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Principal Secretary, Finance and Planning Department, Secretariat, Velagapudi, Amaravati, Guntur District. 3. The Director, Works Accounts Andhra Pradesh, 3^'^ Floor, Anjaneya Towers, Ibrahimpatnam, Krishna District. 4. Nellore Municipal Corporation, Rep. by its Commissioner, Nellore City, SPSR Nellore District 5. The Executive Engineer, Nellore Municipal Corporation SPSR Nellore District 6. The Asst. Pay Accounts Officer, Works Accounts, Nellore Nellore District. Nellore City SPSR ...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, Order or direction more particularly one in the nature f of Writ of Mandamus declaring the inaction of the respondents in paying the final bills styled as contract certificates of 1) Rs. 6,82,437/- 2) Rs. 7,79,551/- 3) Rs. 5,13,578/- 4) Rs. 4,25,840/- 5) Rs. 3,59,108-50/- 6) Rs. 6,59,300/- and 7) Rs. 1791615/- dated 28-03-2024 in all Rs. 48,52,321/- respectively for executing the contract works namely 1) Laying of CC Road from D. No 214 to D. No 180 at Nakkagopal Nagar in Division No. 30 of Nellore Municipal Corporation under GGMP (30/1). Covered under Agreement NO.501/GGMP/EEI/23-24 dated 06-01-24 2) Construction of CC Drain Culverts from back side to Volley ball court to Vinayaka Temple at Srilanka Colony in Division No.31 of Nellore Municipal Corporation under GGMP (31/1) Covered under Agreement No.492/GGMP/EEI/23-24 dated 06-01-24 3) Laying of CC Road From existing Mainroad to Krishna Reddy house at Vijaya Lakshmi Nagar in Division No - 31 of Nellore Municipal Corporation Agreement Covered under(31/3) N0.589/GGMP/EE1/23-24 dated 08-02-24 4) Construction of CC under GGMP Drain Culverts from Shaft Homes to Existing Disposal drain at Kaveri nagar in Division No.31 of Nellore Municipal Corporation under GGMP (31/3) Covered under Agreement N0.498/GGMP/EEI/23-24 dated 06-01-24 5) Laying of CC Road at Nethaji Nagar 8th street 2nd crossroad in Division No - 32/1 Sanjay Gandhi Nagar of Nellore Municipal Corporation Covered under Agreement NO.590/GGMP/EE1/23-24 dated 08-02-24 6) Construction of CC Drain from Esi hospital to Door number - 25-12 - 2/32 in postal colony in Division Number - 28 of Nellore Municipal Corporation. Covered under Agreement N0.497/GGMP/EEI/23-24 dated 02-03-24 and 7) Upgradation of CC Road from Esi Hospital to Door number 25-9-431 in Division Number - 28 of Covered under Agreement N0.493/GGMP/EEI/23-24 dated 06-01-24 respectively, though the petitioner has successfully executed the same and final bills have been issued by Nellore Municipal Corporation respondent No. 5 herein duly counter signed by his sub-ordinate officers illegal, arbitrary and against public policy, contrary to the established procedure of law apart from being violative of Article 14 Constitution of India and consequently, to direct the respondents herein to forthwith release the above mentioned contract final bill amounts of Rs. 48,52,321/- for executing the above contract works along with interest @ 18% p.a. to the petitioner from the dates of the issuance of contract certificates. lA NO: 1 OF 2025 as 19 (g) of the 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 herein to forthwith release the final bill amounts mentioned in contract certificates of 1) Rs. 6,82,437/- 2) Rs. 7,79,551/- 3) Rs. 5,13,578/- 4) Rs. 4,25,840/- 5) Rs. 3,59,108- 50/- 6) Rs. 6,59,300/- and 7) Rs. 1791615/- dated 28-03-2024 in all Rs. 48,52,321/- respectively for executing the contract works namely 1) Laying of CC Road from D. No: 214 to D. 180 at Nakkagopal Nagar in Division No. 30 of Nellore Municipal Corporation under GGMP (30/1). Covered under Agreement No.501/GGMP/EEI/23-24 dated 06-01 -24 2) Construction of CC Drain & Culverts from back side Volley ball court to Vinayaka Temple at Srilanka Colony in Division No.31 of Nellore Municipal Corporation under GGMP (31/1) Covered under Agreement N0.492/GGMP/EEI/23-24 dated 06-01-24 3) Laying as No: to of CC Road From existing Mainroad to Krishna Reddy house at Vijaya Lakshmi Nagar i Division No in - 31 of Nellore Municipal Corporation N0.589/GGMP/EE1/23-24 dated 08-02-24 4) Construction of CC under (31/3) GGMP Covered under Agreement Drain & Culverts from Shafi Homes to Existing Disposal drain at Kaveri nagar in Division No.31 of Nellore Municipal GGMP (31/3) N0.498/GGMP/EEI/23-24 dated 06-01-24 5) Laying of CC Road at Nethaji Nagar 8th street 2nd crossroad in Division No - 32/1 Sanjay Gandhi Nagar of Nellore Corporation under Covered under Agreement Municipal Corporation Covered under Agreement NO.590/GGMP/EE1/23-24 dated 08-02-24 6) Construction of CC Drain from Esi hospital to Door number - 25-12 - 2/32 in postal colony in Division Number - 28 of Nellore Municipal Corporation. Covered under Agreement N0.497/GGMP/EEI/23-24 dated 02-03-24 and 7) Upgradation of CC Road from Esi Hospital to Door number - 25-9-431 in Division Number - 28 of Covered under Agreement Nellore Municipal Corporation N0.493/GGMP/EEI/23-24dated 06-01-24 respectively, along with interest @ 18 % p.a. to the petitioner from the dates of issuance of contract certificates. Counsel for the Petitioner: SRI P. SRIDHAR REDDY Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2,3 & 6:GP FOR FINANCE & PLANNING Counsel for the Respondent Nos.4 & 5:SRI A.S.C. BOSE, SC FOR MUNICIPAL CORPORATIONS The Court made the following order: 1 HN, J W.P.No.18299 2025 APHC010350202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18299/2025 Between: 1.N SASIDHAR REDDY, S/0. SUDHAKAR REDDY, AGED 40 YEARS, OCCU CONTRACTOR, R/0. OGURUPAADU, NELLORE RURAL MANDAL, SPSR NELLORE DISTRIC ...PETITIONER AND 1.THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY URBAN DEVELOPMENT A.P. SECRETARIAT, VELAGAPUDI, XAMARAVATI, FOR MUNICIPAL ADMINISTRATION DEPARTMENT, GUNTUR DISTRICT. 2.THE PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3.THE DIRECTOR, WORKS ACCOUNTS ANDHRA PRADESH, SRD FLOOR, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT. 4.NELLORE MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, NELLORE CITY, SPSR NELLORE DISTRICT 5.THE EXECUTIVE ENGINEER, NELLORE MUNICIPAL CORPORATION NELLORE CITY, SPSR NELLORE DISTRICT 6.THE ASST PAY ACCOUNTS OFFICER, WORKS ACCOUNTS, 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 topleased to issue a Writ, Order or direction more particularly one in the nature of w 2 ■ii'i HNJ ./A W.P.No.l8299_2025 Writ of Mandamus declaring the inaction of the respondents in paying the final bills styled as contract certificates of 1) Rs. 6,82,437/- 2) Rs. 7,79,551/- 3) Rs. 5,13,578/- 4) Rs. 4,25,840/- 5) Rs. 3,59,108-50/- 6) Rs. 6,59,300/- and 7) Rs. 1791615/- dated 28-03-2024 in all Rs. 48,52,321/- respectively for executing the contract works namely 1) Laying of CC Road from D. No 214 to D. No 180 at Nakkagopal Nagar in Division No. 30 of Nellore Municipal Corporation under GGMP (30/1). Covered under Agreement No.501/GGMP/EEI/23-24 dated 06-01-24 2) Construction of CC Drain Culverts from back side to Volley ball court to Vinayaka Temple at Srilanka Colony in Division No.31 of Nellore Municipal Corporation under GGMP (31/1) Covered under Agreement No.492/GGMP/EEI/23-24 dated 06-01-24 3) Laying of CC Road From existing Mainroad to Krishna Reddy house at Vijaya Lakshmi Nagar in Division No - 31 of Nellore Municipal Corporation AgreementCovered under(31/3) N0.589/GGMP/EE1/23-24 dated 08-02-24 4) Construction of CC under GGMP Drain Culverts from Shaft Homes to Existing Disposal drain at Kaveri nagar in Division No.31 of Nellore Municipal Corporation under GGMP (31/3) Covered under Agreement No.498/GGMP/EEI/23-24 dated 06-01-24 5) Laying of CC Road at Nethaji Nagar 8th street 2nd crossroad in Division No - 32/1 Sanjay Gandhi Nagar of Nellore Covered under AgreementCorporationMunicipal NO.590/GGMP/EE1/23- 24 dated 08-02-24 6) Construction of CC Drain from Esi hospital to Door number - 25-12 - 2/32 in postal colony in Division Number - 28 of Nellore Municipal Corporation. Covered under Agreement N0.497/GGMP/EEI/23-24 dated 02-03-24 and 7) Upgradation of CC Road from Esi Hospital to Door number 25-9-431 in Division Number - 28 of Nellore Municipal Corporation Covered under Agreement N0.493/GGMP/EEI/23-24 dated 06-01-24 respectively, though the petitioner has successfully executed the same and final bills have been issued by respondent No. 5 herein duly counter signed by his sub-ordinate officers as illegal, arbitrary and against public policy, contrary to the established procedure of law apart from being violative of Article 14 19 (g) of the Constitution of India and consequently, to direct the respondents herein to forthwith release the above mentioned contract final biU amounts of Rs. 48,52,321/- for executing the above contract works along with interest @ 18 PERCENT p.a. to the petitioner from the dates of the issuance of contract certificates 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 herein to forthwith release the final mentioned in contract certificates of 1) Rs. 6,82,437/- 5,13,578/- 4) Rs. 4,25,840/- 5) Rs. 3,59,108- 1791615/- dated 28-03-2024 in all Rs. 48,52,321/- respectively for executing the contract works namely 1) Laying of CC Road from D. No; 214 to D. No; 180 at Nakkagopal Nagar in Division No. 30 of Nellore Municipal Corporation under GGMP (30/1). Covered under Agreement No.501/GGMP/EEl/23-24 dated 06-01 -24 bill amounts as 2) Rs. 7,79,551/- 3) Rs. 50/- 6) Rs. 6,59,300/- and 7) Rs. 3 HN, J , W.P.No.l8299_2025 2) Construction of CC Drain & Culverts from back side to Volley ball court to Vinayaka Temple at Srilanka Colony in Division No.31 of Nellore Municipal Corporation under GGMP (31/1) Covered under Agreement No.492/GGMP/EEI/23- 24 dated 06-01-24 3) Laying of CC Road From existing Mainroad to Krishna Reddy house at Vijaya Lakshmi Nagar in Division No - 31 of Nellore Municipal Corporation under (31/3) N0.589/GGMP/EE1/23-24 dated 08-02-24 4) Construction of CC GGMP Covered under Agreement Drain & Culverts from Shafi Homes to Existing Disposal drain at Kaveri nagar in Division No.31 of Nellore Municipal Corporation under GGMP (31/3) Covered under Agreement No.498/GGMP/EEI/23-24 dated 06- 01-24 5) Laying of CC Road at Nethaji Nagar 8th street 2nd crossroad in Division No - 32/1 Sanjay Gandhi Nagar of Nellore Municipal Corporation Covered under Agreement NO.590/GGMP/EE1/23-24 dated 08-02-24 6) Construction of CC Drain from Esi hospital to Door number - 25-12 - 2/32 in postal colony in Division Number Covered under Agreement N0.497/GGMP/EEI/23-24 dated 02-03-24 and 7) Upgradation of CC Road from Esi Hospital to Door number - 25-9-431 in Division Number - 28 of Nellore Municipal Corporation Covered under Agreement No.493/GGMP/EEI/23-24 dated 06-01-24 respectively, along with interest @ 18 % p.a. to the petitioner from the dates of issuance of contract certificates and pass 28 of Nellore Municipal Corporation. Counsel for the Petitioner: 1.P SRIDHAR REDDY Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING y ' 4 HN,' W.P.No.18299 .2025 The Court made the following Order: 1. The learned counsel petitioner is aggrieved by the executed by the petitioner, which Corporation. ■M :r ? appearing for the petitioner submits that the non-release of payments for the works were entrusted by the 4‘' respondent 2. It is submitted that the said works have were passed on 28.03.2024. It is further submitted that been submitted to the concerned respondent for release been completed and final bills the final bills have of payment. 3. The learned Standing counsel appearing for the 4"’ respondent submits that the petitioner has clubbed on 06.01.2024, 08.02.2024 and 02.03.2024. as many as seven different works entrusted 4. The learned Standing counsel appearing for the 4^^ respondent further of any order directing could cause confusion part of the order may not be reasons during the course of verificatioin. 5. The learned counsel for the petitioner, on the contrary, submits that the petitioner has paid separate Court fee for the submits that by clubbing all the works, implementation the 4'" respondent to verify and release the bills as part of the order may be complied with and complied with on account of various prayers. However, submits that Rule 4(A) of the Andhra Pradesh High court Writ Proceedings Rules, 1977, permits the petitioner to file a single writ petition as the cause of action is the same. That apart, Order 1 Rule 3 of the Code of Civil Procedure 1908. also 5 HN, J W.P.No.l8299_2025 petition, as the reliefs permits the petitioner to maintain the present writ sought pertain to the same transaction and parties. 6. Heard the learned counsel for the appearing for the 4'^ respondent, and perused the record. petitioner, the learned counsel 7. Insofar as the maintainability of the observed that the petitioner has clubbed writ petition is concerned, it is seven agreements which were entrusted to the petitioner for execution of works for the 4*^ respondent. Since the petitioner has paid separate Court fee for each of the Court is of the considered the relief as sought for can be considered. prayers, this opinion that the writ petition is maintainable, and 8. Considering the submissions that the works bills were also submitted for release of have not been made so far. Once the works would be entitled for release of the payments. 9. Accordingly, the writ petition is allowed, by directing respondent Nos.2 to 4 to verify and release the payments due payable to the petitioner for the matter of a period of six(06) weeks from the date of the receipt of this order. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- N. NAGAMJVIA ASSISTANT REGISTRAR were completed and the final payments, however the payments are executed, the petitioners various works executed by the petitioner, which form the subject the present writ petition, within //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary for Municipal Administration and Urban Development Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudl, Amaravati, Guntur District. 2. The Principal Secretary, Finance and Planning Department, Secretariat, Velagapudi, Amaravati, Guntur District. 3. The Director, Works Accounts Andhra Pradesh, 3'"^ Floor, Anjaneya Towers, Ibrahimpatnam, Krishna District. 4. The Commissioner, Nellore Municipal Corporation, Nellore City, SPSR Nellore District 5. The Executive Engineer, Nellore Municipal Corporation SPSR Nellore District 6. The Asst Pay Accounts Officer, Works Accounts, Nellore, SPSR Nellore District. Nellore City, 7. One CC to Sri P. Sridhar Reddy, Advocate [OPUO 8. One CC to Sri A.S.C. Bose, SC for Municipal Corporations[OPUC ] 9. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 10. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 11. Two CD Copies ssb ’ ■ ' m II HIGH COURT DATED;22/07/2025 ORDER WP No.18299 OF 2025 ^ oil AUG 2025 IS Co ><iin«.ts«iiapXy ALLOWING THE W.P. WITHOUT COSTS