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I r ■ APHC010358062024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18150 OF 2024 Between; B Rathna Kumar, S/o. B.V.Subba Rao, Aged about 54 years, R/o. Flat No.203, Grand live Inn Apartment, Telugu Ganga Office Nellore, SPSR Nellore District. 1st Street, Police Colony, Near ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Secretariat, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat, Amaravathi, Guntur District. 3. The District Collector, SPSR Nellore District. . 4. The Nellore Municipal Corporation, Nellore, SPSR Nellore District, Rep. by its Commissioner. 5. The Executive Engineer, Municipal Corporation, Nellore, SPSR Nellore District. 6. The Pay and Accounts Officer II, Nellore, SPSR Nellore District. Urban Development Department, ...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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the undisputed bill amounts i.e., 1) Rs.5,67,101/-, 2) Rs. 17,83,299/- and 3) Rs.21,26,896/- payable to the petitioner in respect of works i.e., 1) Laying of CC Road from Pulluru Vijayakumar House to Kareti Sravan House at Main Road SC Colony in Alllipuram in Division No-02 under GGMP Grant vide agreement NO.151/JTO-1/2023-24 dated 22.07.2023, 2) Construction of CC Roads near at Kodurupadu and Kisan Nagar area in Division No.1 under GGMP Grant vide agreement No. 100/JTO-1/2023-24 dated 15.06.2023 and 3) Upgradation of CC Road from D.No.24-6-360 to Minerva Grand Hotel at Kranti Nagar Main Road in Division No.37 of Nellore Municipal Corporation vide agreement No. 144/2023-24dated 28.08.2023 even after finalizing the bills as illegal arbitrary and contrary to the Principles of natural justice and consequently direct the respondents to pay undisputed bill amounts i.e., 1) Rs.5,67,101/-, 2)Rs. 17,83,299/- and 3) Rs.21,26,896/- payable to the petitioner in respect of execution of afore mentioned works vide Agreement Nos. 1) 151/JTO-1/2023- 24 dated 22.02.2023, 2) 100/JTO-1/2023-24 dated 15.06.2023 and 3) 144/2023-24 dated 28.08.2023 forthwith along with 18 percent interest from date of recording of bills.
lA NO: 1 OF 2024 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 pay undisputed bill amounts i.e. 1) Rs.5,67,101/-, 2) Rs. 17,83,299/- and 3) Rs.21,26,896/-, payable to the petitioner in respect of works done i.e., 1) Laying of CC Road from Pulluru Vijayakumar House to Kareti Sravan House at Main Road SC Colony in Alllipuram in Division No-02 vide agreement No.151/JTO-1/2023-24 dated 22.02.2023, 2) Construction of CC Roads near at Kodurupadu and Kisan GGMP Grant vide agreement No. under GGMP Grant Nagar area in Division No.1 under 100/JTO-1/2023-24 dated 15.06.2023 and 3) Upgradation of CC Road from
fc' D.No.24-6-360 to Minerva Grand Hotel at Kranti Nagar Main Road in Division No.37 of Netlore Municipal Corporation vide agreement No. 144/2023-24 dated 28.08.2023, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI C SUBODH Counsel for the Respondent Nos. 1 and 3: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondent Nos. 2 and 6: GP FOR FINANCE PLANNING Counsel for the Respondent Nos. 4 and 5: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS) The Court made the following order:
41 APHC010358062024 COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) IN THE HIGH [3457] S;i«0 0 WEDNESDAY,THE SIXTEENTH DAY OF JULY c,\/p TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N WP>T PFTITION NO: 18150/2024 THE Between;
S;0. B.V.SUBBA RAO, live inn apartment, 1ST TELUGU GANGA OFFICE 1.B RATHNA KUMAR, YEARS R/0. FLAT NO.203, GRAND STREET, POLICE COLONY, NEAR NELLORE, SPSR NELLORE DISTRICT. ...PETITIONER AND OF ANDHRA PRADESH, REP- BY municipal admin,straton^and^^;^RB^^^ 1.THE STATE DEVELOPMENT DEPARTMENT, GUNTUR DISTRICT. ' SECrIwY, '^^NCE^'" dIpARTMEN^ slcSri' AMARAVATHI, GUNTUR DISTRICT 3.THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT. 4 THE NELLORE MUNICIPAL CORPORATION, NELLORE, SPSR NELLORE DISTRICT, REP, BY ITS COMMISSIONER. MUNICIPAL CORPORATION, 5 THE EXECUTIVE ENGINEER, NELLORE, SPSR NELLORE DISTRICT. 6.THE PAY AND ACCOUNTS OFFICERLL, NELLORE, SPSR NELLORE DISTRICT.
...RESPONDENT(S): Petition under Article 226 of the '"hfu^^Court mLy'be circumstances stated in the affidavi ' ^ appropriate writ ?r'"rectton'"d:olihnrthV auction of the Respondents in withholding the
p undisputed bill amounts i.e., 1) Rs.5,67,101/-, 2) Rs. 17,83,299/- and 3) Rs.21,26,896/- payable to the petitioner in respect of works i.e., 1) Laying of CC Road from Pulluru Vijayakumar House to Kareti Sravan House at Main Road SC Colony in Alllipuram in Division No-02 under GGMP Grant vide agreement NO.151/JTO-1/2023-24 dated 22.02.2023, 2) Construction of CC Roads near at Kodurupadu and Kisan Nagar area in Division No.1 under GGMP Grant vide agreement No. 100/JTO-1/2023-24 dated 15.06.2023 and 3) Upgradation of CC Road from D.No.24-6-360 to Minerva Grand Hotel at Kranti Nagar Main Road in Division No.37 of Nellore Municipal Corporation vide agreement No. 144/2023-24 dated 28.08.2023 even after finalizing the bills as illegal arbitrary and contrary to the Principles of natural justice and consequently direct the respondents to pay undisputed bill amounts i e 1) Rs.5,67,101/-, 2)Rs. 17,83,299/- and 3) Rs.21,26,896/- payable to the petitioner in respect of execution of afore mentioned works vide Agreement Nos. 1) 151/JTO-1/2023- 24 dated 22.02.2023, 2) 100/JTO-1/2023-2 4 dated 15.06.2023 and 3) 144/2023-24 dated 28.08.2023 forthwith along with 18 percent interest from date of recording of bills and pass lA NO: 1 OF 2024 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 pay undisputed bill amounts i.e. 1) Rs.5,67,101/-, 2) Rs.
17,83,299/- and 3) Rs.21,26,896/-, payable to the petitioner in respect of works done i.e., 1) Laying of CC Road from Pulluru Vijayakumar House to Kareti Sravan House at Main Road SC Colony in Alllipuram in Division No-02 under GGMP Grant vide agreement No.151/JTO- 1/2023-24 dated 22.02.2023, 2) Construction of CC Roads near at Kodurupadu and Kisan Nagar area in Division No.1 under GGMP Grant vide agreement No. 100/JTO-1/2023-24 dated 15.06.2023 and 3) Upgradation of CC Road from D.No.24-6-360 to Minerva Grand Hotel at Kranti Nagar Main Road in Division No.37 of Nellore Municipal Corporation vide agreement No. 144/2023-24 dated 28.08.2023, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1.CSUBODH Counsel for the Respondent(S):
1.A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2.GP MUNCIPAL ADMN AND URBAN DEVAP 3.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 5**^ respondent and submitted final bills. However, amounts have not been paid. Aggrieved by the same, the present Writ Petition is filed. It is stated in the counter that due to financial exigencies of the
2. State Government, bills were not adjusted to the petitioner in CFMS and it will be adjusted in seriatim. Heard the learned counsel for the petitioner, the learned Assistant
3. Government Pleader for Municipal Administration and Urban Development, for the respondents 1 and 3, the learned Assistant Government Pleader for Finance and Planning, for the respondents 2 and 6 and the learned Standing Counsel for the respondents 4 and 5. Considering the submissions, the respondents 2 to 6 are hereby
4.
directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of eight (8) weeks from the date of receipt of a copy of this order.
5. Accordingly, the Writ Petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall stand closed.
Sd/- J. SAROJA ASSISTANT REGISTRAR
6.
//TRUE COPY// SECTION OFFICER To, Urban Secretariat, Principal Secretary, Municipal Administration and Development Department, State of Andhra Pradesh Amaravathi, Guntur District.
1. The
2. The Principal Secretary, Finance Department, State of Andhra Pradesh, Secretariat, Amaravathi, Guntur District.
3. The District Collector, SPSR Nellore District.
4. The Commissioner, Nellore Municipal Corporation, Nellore, SPSR Nellore District.
5. The Executive Engineer, Municipal Corporation, Nellore, SPSR Nellore District.
6. The Pay and Accounts Officer-ll, Nellore, SPSR Nellore District;
7. One CC to Sri. C Subodh Advocate [OPUC] ^
8. One CC to Sri. A S C Bose (SC for Municipal Corporations) [OPUC]
9. Two CCs to GP for Finance Planning, High Court of Andhra Pradesh- [OUT]
10. Two CCs to GP for Municipal Admin and Urban Development, High Court of Andhra Pradesh [OUT] Three CD Copies
11. GSC
HIGH COURT DATED:16/07/2025
ORDER WP NO. 18150 OF 2024 ^01 SEP 2025 rentSectitDx^^ DISPOSING THE WP WITHOUT COSTS