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2025 DAILYLAW 25387 (AP)

A. JANARDHAN REDDY v. THE STATE OF ANDHRA PRADESH

WP/19141/2025 · 2025-07-27

Harinath N

body2025

Judgment text

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N. A A APHC010357572025 IN THE HIGH COURT OF ANDHRA PRADESH . AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19141 OF 202^ /■ SMB Between: A. Janardhan Reddy, S/o A.Mohan Reddy, 376,mulapeta Dargamitta, Nellore District. Ag 47 years ,24-1- ...Petitloner ' AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Municipal Urban Development Department, Building, Velagapudi, Amaravathi, Guntur. 2. Municipal Corporation Nellore, Nellore District. Administration And Secretariat rep by its Commissioner, Nellore 3. The Executive Engineer, Nellore Municipal Corporation Nellore 4. The State of Andhra Pradesh District. Rep. by its Principal Secretary Buildings, Velagapudi, Department of Finance Planning Secretariat Amaravathi, Guntur District. ...Respondents of India praying that in the the High Court may be more particularly one of the Respondents in amounts of Rs. 19,24,768/- (Nineteen Petition under Article 226 of the Constitution circumstances stated in the affidavit filed therewith, pleased to issue an appropriate Writ Order or direction in the nature of Writ of Mandamus declaring the action withholding the payments of pending Lakhs, Twenty Four Thousand, Seven Hundred and Sixty Eight Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e Laying of CC Road from -8-284 to existing CC Road at 3rd street of Sivagiri colony in division no 41 of Nellore Municipal Corporation (41/2) , Agreement No. 188/2023-2024 dated 26.09.2023” for the year 2023 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. 19,24,768/- (Nineteen Lakhs, Twenty Four Thousand, Seven Hundred and Sixty Eight Rupees only) with interest @ 24 percent 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. 19,24,768/- (Nineteen Hundred and Sixty Eight 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 MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos 2 and 3: SRI A S C BOSE SC FOR MUNICIPAL CORPORATION Counsel for the Respondent No, 4: GP FOR FINANCE PLANNING The Court made the following order: APHC010357572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS [3457] Vr MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19141/2025 Between: 1.A. JANARDHAN REDDY, S/O.A.MOHAN REDDY, AG 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 EXECUTIVE ENGINEER, NELLORE MUNICIPAL CORPORATION NELLORE DISTRICT. 4.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE PLANNING SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR 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 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. m 1 2 19,24,768/- (Nineteen Lakhs, Tewnty Four Thousand, Seven Hundred and Sixty Eight Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e Laying of CC Road from -8-284 to existing CC Road at 3RD street of sivagiri coiony in division no 41 of Neilore municipal (41/2) 2024,Dated26.09.2023 , Agreement For the year 2023 as bad ,illegal, arbitrary, improper, unjust and against the Article 21 of constitution corporation No. 188/2023- of india and consequently direct the respondents to pay the amounts of Rs. 19,24,768/- (Nineteen Lakhs, Tewnty Four Thousand, Seven Hundred and Sixty Eight Rupees only) with interest @ 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 amountsRs. Lakhs, Tewnty Four Thousand, Seveni9,24,768/- (Nineteen Hundred and Sixty Eight 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 MUNCIPAL ADMN AND URBAN DEVAP 2.GP FOR FINANCE PLANNING 3 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner has nd respondent-corporation as per executed works as entrusted by the 2 Agreement No. 188/2023-2024, dated 26.09.2023 and also submitted final bills. It is submitted that the competent authority has also recorded the progress of work and certified the work in the M-Book. However, no amounts have been forth coming. Heard the learned counsel for the petitioner; the learned Assistant Government Pleader for Municipal Administration and Urban Development;for the 1®* respondent, the learned Assistant Government Pleader for Finance and Planning, for the 4*'^ respondent and the learned Standing Counsel for the respondent Nos.2 and 3. 2. Considering the submissions, the respondents 2 to 4 are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of six (6) weeks from the 3. date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs. 4. Pending miscellaneous petitions, if any, shall stand closed. 5. Sd/- KJ.RAJA BABU, ASSISTANT REGISTRAR //TRUE COPY// SECTfdN OFFICER To Urban 1. The Principal Secretary, Municipal Administration And Development Department, State of Andhra Pradesh, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Commissioner, Municipal Corporation Nellore, Nellore, District. 3. The Executive Engineer, Nellore Municipal Corporation Nellore District. Nellore w c* 4. The Principal Secretary, Department of Finance Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 5. One CC to Sri. Devasri Roshan Kancharla Advocate [OPUC] 6. One CC to Sri A S C Bose SC for Municipal Corporation [OPUC] 7. Two CCs to GP for Finance Planning, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Municipal Admin and Urban Development, High / Court of Andhra Pradesh [OUT] 9. Two CD Copies Amaravathi, r' HIGH COURT DATED:28/07/2025 ORDER WP NO. 19141 OF 2025 <o\ g( 0 7 AUG 2025 ^sCijrrent Oj ■ DISPOSING THE WP WITHOUT COSTS