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2025 DAILYLAW 25308 (AP)

A. JANARDHAN REDDY v. THE STATE OF ANDHRA PRADESH

WP/18198/2025 · 2025-07-20

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010357562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JUL\>- TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18198 OF 2025 Between: A. Janardhan Reddy, S/o.A.Mohan Reddy, Age 47 years, 24-1-376, mulapeta, Dargamitta, Nellore District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Municipal Administration And Urban Development Department, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. Municipal Corporation, Nellore rep.by its Commissioner, Nellore, Nellore District. 3. The District Collector, PSR Nellore District 4. The Executive Engineer, Municipal Corporation, Nellore District. 5. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance & 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 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 pending amounts of Rs. 19,29'^22/- (Nineteen Lakhs, Thirty Eight Thousand, Five Hundred and Seventy Rupees only) after finalizing the bills payable to the petitioner in relation to the works i.e f I, Laying of CC Roadsanjeevini residency to babu house at maheswari even nagar 1st street in division no 41 of Nellore municipal corporation (41/1), Agreement No. 187/2023- 2024, Dated 13.10.2023 bad .illegal. For the year 2023 as arbitrary, improper, unjust and against the Article 21 of constitution of India and consequently direct the respondents to pay the amounts of Rs. 19,29,222/- (Nineteen Lakhs, Thirty Eight Thousand, Five Hundred and Seventy Rupees only) with interest @ 24% per annum for the delayed amount till date of realization for the works executed by the petitionerr 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. 19,29,222/- (Nineteen Lakhs, Thirty Eight Thousand, Five Hundred and Seventy Rupees 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 FOR MUNCIPAL ADMN URBAN- DEV Counsel for the Respondent Nos. 2 & 4: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONSK Counsel for the Respondent Nos. 3 & 5: GP FOR FINANCE & PLANNING The Court made the following order: ¥» APHC010357562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18198/2025 Between: 1.A. JANARDHAN REDDY, S/O.A.MOHAN REDDY, AGE 47 YEARS ,24-1-376,MULAPETA , DARGAMITTA, NELLORE DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL URBAN SECRETARIAT BUILDING, SECRETARY, MUNICIPAL ADMINISTRATION AND DEVELOPMENT DEPARTMENT VELAGAPUDI, AMARAVATHI, GUNTUR. 2.MUNICIPAL CORPORATION. NELLORE COMMISSIONER, NELLORE NELLORE DISTRICT. REP.BY ITS 3.THE DISTRICT COLLECTOR, PSR NELLORE DISTRICT 4.THE EXECUTIVE ENGINEER, MUNICIPAL CORPORATION NELLORE DISTRICT. 5.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. DEPARTMENT OF FINANCE AND PLANNING ...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 an appropriate Writ Order or direction more 2 particularly one in the nature of Writ of Mandamus declaring the action of the ' Respondents in withholding the payments of pending amounts of Rs. ^ 19,29,222/- (Nineteen Lakhs, Thirty Eight Thousand, Five Hundred and : Seventy Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e /, Laying of CC Roadsanjeevini residency to babu house at maheswari nagar 1st street in division no 41 of Nellore municipai corporation 2024,Dated13.10.2023 (41/1), Agreement For the year 2023 as j bad .illegal, arbitrary, improper, unjust and against the Article 21 of i constitution No. 187/2023- of india and consequently direct the respondents ^ to pay the amounts of Rs. 19,29,222/- (Nineteen Lakhs, Thirty Eighth Thousand, Five Hundred and Seventy Rupees only) with interest @ 24 i 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. 19,29,222/- (Nineteen Lakhs, Thirty Eight Thousand, Five Hundred and Seventy Rupees 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 FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR FINANCE PLANNING 3 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner has completed the works entrusted by the 2"^^ respondent-Corporation as per Agreement No. 187/2023-2024, dated 13.10.2023 and submitted final bills. It is submitted that, in all, an amount of Rs. 19,29,222/- is due payable to the petitioner. However, amounts have not been paid. Aggrieved by the same, the present Writ Petition is filed. 2. Heard the learned counsel for the petitioner; the learned Assistant Government Pleader for Municipal Administration and Urban Development,for 1®‘ respondents; the learned Assistant Government Pleader for Finance and Planning, for the respondents 3 and 5 and the learned Standing Counsel for respondents 2 and 4. 3. Considering the submissions, the respondents 2 to 5 are hereby directed to verify and release the payment due payable to the petitioner as expeditiously as possible preferably within a period of six (6) weeks from the date of receipt of a copy of this order. 4. Accordingly, the Writ Petition is disposed of. No costs. 5. Pending miscellaneous petitions, if any, shall stand closed. Sd/- M.RAMESH BABU DEPUTYREGiSTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration And Urban Development Department, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Commissioner, Municipal Corporation, Nellore, Nellore District. 3. The District Collector, PSR Nellore District. 4. The Executive Engineer, Municipal Corporation, Nellore District. 5. The Principal Secretary, Department of Finance and Planning, I Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 6. One CC to Sri Devasri Roshan Kancharla, Advocate [OPUC] 7. One CC to Sri A S C Bose (SC for Municipal Corporations), Advocate [OPUC] 8. Two CCs to GP for Muncipal Admn and Urban Dev, High Court of Andhra Pradesh [OUT] | 9. Two CCs to GP for Finance & Planning, High Court of Andhra Prades)r"r [OUT] 10. Two CD Copies TF HIGH COURT DATED:21/07/2025 ORDER WP NO. 18198 OF 2025 JL 2025 Co' niSK6n^'i^ DISPOSING OF THE W.P., WITHOUT COSTS