APHC010374532025 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 HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19182 OF 2025 Between: Sri. Cheruuru Kamakshaiah, S/o.Venkataiah, Aged; 50 years, 25-3- 1113, 14th street, Opp cancer, hospital lake view colony, Nellore SPSR Nellore District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Municipal Administration Urban Development Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Executive Engineer, Nellore Municipal Corporation SPSR Nellore District. 3. The Nellore Municipal Corporation, Rep by Commissioner, SPSR Nellore District. 4. 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. 32,21,130/- (Thirty Two Lakhs, Twenty One Thousand, One Hundred And Thirty Rupees only) even after finalizing the bills payable to the petitioner in relation to the Eight works i.e. I. Laying of cc road from Krishi Vignan Kendramto D.NO.26-12-190 in Kalyan Nagar in division no 23 of NMC Under Gadapa Gadapaku Mana prabhutvam. Agreement no.109/GGMP/EE-lll/2023-24, date22.06.2023 , II.Laying of CC Roads from Buja Buja Nellore service road to D.NO.11/210 at RTC Colony in division no.25 of NMC Under Gadapa Gadapaku Mana Prabhutvam .Agreement No. 298/GGMP/EE-III/2023-24 ,Dt17-10-2023 bad .illegal, arbitrary, improper as unjust and against the Article 21 of constitution of india and consequently direct the respondents to pay the amounts of Rs. 32,21,130/- (Thirty Two Lakhs, Twenty One Thousand, One Hundred And Thirty 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 forthwith consider releasing the amounts Rs. 32,21,130/- (Thirty iTwo Lakhs, Twenty One Thousand, One Hundred And Thirty Rupees only) payable to the petitioner herein, pending disposal of the writ petition. Counsel for the Petitioner: SRI DEVASRI ROSHAN KANCHARLA Counsel for the Respondent Nos. 1 and 2: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No. 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: APHC010374532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19182/2025 Between: 1.CHERUURU KAMAKSHAIAH, S/O.VENKATAIAH, YEARS,25-3-1113,14TH STREET, OPP CANCER, HOSPITAL LAKE VIEW COLONY, NETLORE SPSR NELLORE DISTRICT. AGED 50 ...PETITIONER AND 1.THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, URBAN SECRETARIAT BUILDING, VELAGAPUDI, DEPARTMENT OF MUNICIPAL, ADMINISTRATION DEVELOPMENT AMARAVATHI, GUNTUR. 2.THE EXECUTIVE ENGINEER, NELLORE MUNICIPAL CORPPRATION SPSR NELLORE DISTRICT. 3.THE NELLORE REP.BY.COMMISSIONER, SPSR NELLORE DISTRICT. MUNICIPAL CORPORATION, 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 particularly one in the nature of Writ of Mandamus declaring the action of the more 2 Respondents in withholding the payments of pending amounts of Rs. 32,21,130/- (Thirty Two Lakhs, Twenty One Thousand, One Hundred And Thirty Rupees only) even after finalizing the bills payable to the petitioner in relation to the Eight works i.e. I. Laying of cc road from krishi vignan kendramto D.NO.26-12-190 in kalyan nagar in division no 23 of NMC Under gadapa gadapaku mana 24,date22.06.2023,11.Laying of CC Roads from buja buja Nellore service road to D.NO.11/210 at RTC Coiony in division no.25 of NMC Under gadapa gadapaku mana prabhutvam ,Agreement GGMP/EE-lll/2023-24 ,Dt17-10- 2023 as bad ,illegal, arbitrary, improper, unjust and against the Article 21 of constitution of india and consequently direct the no respondents to pay the amounts of Rs. 32,21,130/- (Thirty Two Lakhs, Twenty One Thousand, One Hundred And Thirty 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 prabhutvam,Agreementno.109/GGMP 2023 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 forthwith consider releasing the amounts Rs. 32,21,130/- (Thirty Two Lakhs, Twenty One Thousand, One Hundred And Thirty Rupees only) payable to the petitioner herein, pending disposal of the writ 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 executed works as entrusted by the respondent-corporation as per Agreement Nos.10-/GGMP/EE-lll/2023-2024, dated 22.06.2023 and 298/GGMP/EE-III/2023-2024, dated 17.10.2023 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 date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall stand closed. Sd/- K.KASI RAO ACHAR! assistant registrar 3. 4. 5. //TRUE COPY// SECTIQNOFFJCER To, 1. The Principal Secretary, Department of Municipal Administration Urban Development, State of AP, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Executive Engineer, Nellore Municipal Corporation SPSR Nellore District. 3. The Nellore Municipal Corporation, Rep by Commissioner, SPSR Nellore District. 4. The Principal Secretary, Department of Finance Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, 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 GSC HIGH COURT DATED:28/07/2025 ORDER WP NO. 19182 OF 2025 5 06 AUG 2025 S ^ . Current Section . DISPOSING THE WP WITHOUT COSTS