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2025 DAILYLAW 26533 (AP)

CHERUURU KAMAKSHAIAH v. THE STATE OF ANDHRA PRADESH

WP/19081/2025 · 2025-07-28

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010374502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0i^ TUESDAY,THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19081 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 and 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 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. 19,00,601/- (Nineteen Lakhs, Six Hundred And One Rupees only) even after finalizing the bills payableJP petitioner in relation to the works i.e. “I. Construction Of CC Drain D.no.25-9-667 to Rajrajeswari Temple at Postal colony in Division no28 ^^of 'NMC Under gadapa gadapaku mana prabhutvam. Agreement . "t .i63/GGMP/EE 3/2023-24 ,Dt 8-8-2023 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. 19,00,601/- (Nineteen Lakhs, Six Hundred And One Rupees only) with interest @ 24 percent per annum for the delayed amount till date of realization for the works executed by the petitioner. / / no 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 Rs. direct the 19 00,601/- (Nineteen Lakhs, Six Hundred And One 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 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: APHC010374502025 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: 19081/2025 Between: 1.CHERUURU KAMAKSHAIAH, S/O.VENKATAIAH, YEARS,25-3-1113,14TH STREET, OPP CANCER, HOSPITAL LAKE VIEW COLONY, NELLORE SPSR NELLORE DISTRICT. AGED 50 ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL, ADMINISTRATION ' AND URBAN DEVELOPMENT, VELAGAPUDI, AMARAVATHI, GUNTUR. SECRETARIAT BUILDING 2.THE EXECUTIVE ENGINEER, NELLORE MUNICIPAL CORPPRATION SPSR NELLORE DISTRICT. 3.THE MUNICIPAL REP.BY.COMMISSIONER, SPSR NELLORE DISTRICT. NELLORE CORPORATION 4.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. DEPARTMENT OF FINANCE AND PLANNING ...RESPONDENT(S): 2 Counsel for the Petitioner: 1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN 2.GP FOR FINANCE PLANNING DEVAP \ 3 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner has completed the works entrusted by the 3'^'^ respondent-Corporatio n submitted final bills. It is submitted that the and progress was entered in the M-Book. 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 respondent No.1 and the learned Assistant Government Pleader for Finance and Planning, for the respondent and the learned Standing Counsel for respondents 2 and 3. 3. Considering the submissions, the respondents 2 to 4 are hereby directed to verify and release the payments due payable to the petitioner 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/- G. HELA NAIDU ASSISTANT REGISTRAR as 4. 5. //TRUE COPY// S To, 1. The Principal Secretary, Department of Municipal Administration and Urban Development, State of Andhra Pradesh, 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 and 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. ASC 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 Amaravathi HIGH COURT DATED:29/07/2025 \ i 12 AUG 2825 ^ Current Section . ^ ORDER WP NO. 19081 OF 2025 DISPOSING THE WP WITHOUT COSTS