CHERUURU KAMAKSHAIAH v. THE STATE OF ANDHRA PRADESH
WP/19189/2025 · 2025-07-28
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26509 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26509 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
’APHC010374522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19189 OF 2025 Between: Aged, 50 years,25-3- Cheruuru Kamakshaiah, S/o. Venkataiah 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 and Urban Development, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The District Collector, SPSR Nellore District. 3. Atmakur Municipality, Rep. By the Commissioner SPSR Nellore District. 4. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and 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. 18,13,456/- (Eighteen Lakhs, Thirteen Thousand, Four Hundred and Fifty Six only) even after finalizing the bills payable to the petitioner in relation to the five works i.e.' I.
A Atmakur Municipality -Providing CC Roads from SK.Rabbani puncture shop to SK.Munner house (H.NO.137) at Nellorepalem Muslim colony in ward ,, no.23- MAUD No.1151-23254 ,Agreementno.86/23-24 Dated. 23.12.2023 , ii. Alm'akur Municipality Providing CC Road from Madala Narayana house (h.no.115)to Thummalapenta Venateswarlu (H.N0.138) At Pera Reddypalli in MAUD No.1151-23250 Agreement no.84/2023-24, Dated.23.12.2024 , iii. Atmakur Municipality -Providing CC Roads from Kadapa High way road to ramalayam temple at Nellorepalem ST Colony in ward no.23 -MAUD No.1151-23253 ■ ■ i . f ward no.22 Agreement 24,Dated.23/12/2023, IV. Atmakur Municipality - Providing CC Drain from Peddireddy Venkatanarapu Reddy house (HNo.130) to Mattamma temple at Alipuram in ward no.23 MAUD no.1151- 23255,Agreement.no.83/2023-24, dated 23.12.2023' as bad ,illegal, arbitrary, improper, unjust and against the No.85/2023- Article 21 of constitution of India and consequently direct the respondentsto pay the amounts of Rs. 18,13,456/- (Eighteen Lakhs, Thirteen Thousand, Four Hundred and Fifty Six only) with interest @ 24percent 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 respondents to forthwith consider releasing the amounts 18,13,456/- (Eighteen Lakhs, Thirteen Thousand, Four Hundred and Fifty Six only) payable to the petitioner herein, pending disposal of the writ petition. direct the Counsel for the Petitioner: SRI DEVASRI ROSHAN KANCHARLA Counsel for the Respondent No. 1: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No. 2: GP FOR REVENUE 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:
> * APHC010374522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19189/2025 Between:
AGED. 50 1.CHERUURU KAMAKSHAIAH, S/O.VENKATAIAH, 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 ADMINISTRATION BUILDING, SECRETARY, DEPARTMENT OF MUNICIPAL AND URBAN DEVELOPMENT, VELAGAPUDI, AMARAVATHI, GUNTUR. SECRETARIAT 2.THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT. 3.ATMAKUR MUNICIPALITY, REP. BY THE COMMISSIONER SPSR NELLORE DISTRICT. 4.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT OF FINANCE AND PLANNING, SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner:
1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S):
A'. 2 1.GP FOR REVENUE 2.GP MUNCIPAL ADMN AND URBAN DEV AP 3.GP FOR FINANCE PLANNING
3 9 The Court made the following Order:
Learned counsel for the petitioner submits that the petitioner has completed the works entrusted by the 3'^^ respondent-Municipality and submitted final bills. It is submitted that the progress was entered in the M-Book. However, amounts have not been paid. Aggrieved by the same, the present Writ Petition is filed. Heard the learned counsel for the petitioner; the learned Assistant
2. Government Pleader for Municipal Administration and Urban Development, for respondent No.1; the learned Assistant Government Pleader for Revenue, for respondent No.2 and the learned Assistant Government Pleader for Finance and Planning, for the 4^^ respondent and the learned Standing Counsel for 3 rd respondent. Considering the submissions, the respondents 2 to 4 are hereby
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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.
4. Pending miscellaneous petitions, if any, shall stand closed.
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Sdl- K. TATA RAO deputy REGISTR/^ //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Department of Municipal Administration and Urban Development, State of Andhra Pradesh, Secretariat Building, Velagapudi, Amaravathi, Guntur.
2. The District Collector, SPSR Nellore District.
3. The Commissioner, Atmakur Municipality, SPSR Nellore District. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. One CC to Sri. Devasri Roshan Kancharla Advocate [OPUC] One CC to Sri. A S C Bose SC for Municipal Corporation [OPUC] Two CCs to GP for Finance Planning High Court of Andhra Pradesh [OUT] Two CCs to GP for Revenue High Court of Andhra Pradesh [OUT] Two CCs to GP for Municipal Admin and Urban Development, High Court of Andhra Pradesh [OUT] ,Two CD Copies
4. Amaravathi,
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10. GSC
HIGH COURT DATED:29/07/2025
ORDER WP NO. 19189 OF 2025 DISPOSING THE WP WITHOUT COSTS