CHERUURU KAMAKSHAIAH v. THE STATE OF ANDHRA PRADESH
WP/19088/2025 · 2025-07-28
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26545 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26545 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010374472025 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 HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19088 OF 2025 Between: Cheruuru Kamakshaiah, S/o.Venkataiah, Street, Opp cancer hospital lake view colony, Nellore SPSR Nellore District. Aged 50 years,25-3-1113,14*^ ...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 District. , SPSR Nellore
3. The Nellore Municipal Corporation Nellore District. 4. The State of Andhra Pradesh Rep.by. Commissioner, SPSR Rep. by its Principal Secretary, Department of Finance and Planning Secretariat Buildings Amaravathi, Guntur District. Velagapudi, ...RESPONDENTS Petition under Article 226 of the Constitution circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an of India praying that in the appropriate Writ Order or direction in the nature of Writ of Mandamus declaring the more particularly one action of the Respondents in
withholding the payments of pending amounts of Rs. 32,51,293/- Lakhs, Fifty One Thousand, Two Hundred And Ninety Three Rupees even after finalizing the bills payable to the petitioner in relation to the Eight works i.e.1. Construction of cc drain from D No.2/373 to D.No.2/376 atsamatha nagar C Block 11 (Thirty Two only) th Street in Division no.25.of NMC Under Gadapa Gadapaku mana prabutvam,Agreement,no.384/GGMP/EE-lll/2023- 8.11.2023,11.Construction of cc drain from D.No.1/506 to D.No.1/480 at Sivaji colony in division 24,date mana no.25 of NMC Under gadapa gadapaku mana prabhutvam. Agreement no.385/GGMP/EE-lll/2023-24, Dt8-11- 2023,III.Construction of CC Drain from D.no.2/78 to D.no.2/88 at samatha nagar A Block in Division no.25 of NMC Under gadapa gadapku mana prabhutvam, iV.Laying of CC Roads from D.No.9/250 Agreement no.303/GGMP/EE-lll/2023-24, Datel 8.10.2023 to D.no.9/245 at chennakesava nagar in division no.25 of NMC Under Gadapa Gadapaku mana prabhutvam, Agreement no.299/GGMP/EE-lll/2023-24,Date 12-10-23,V.Construction CC Drain from Ramalayam D No.4/181 of at Ram Nagar in division no.25 of gadapaku mana prabhutvam.
Agreement 11-2023,VI.Construction of CC Drains NMC Under Gadapa no.364/GGMP/EE-lll/2023-23,Date 1- from D.No.4/236 to D. no.4/240 and from D.NO.4/209 To D.No.4/215 at Ram nagar in division no.25 of NMC Under Gadapa gadapaku mana 24, Date prabhutvam,Agreement no.388/GGMP/EE-l1l/2023- 9-11- 2023,VII.Construction of CC Drain from D.no.2/186 to D.no.2/180 and from D.no.2/228 to D.no.2/220 at Samatha nagar B-Block in Division no.25 of NMC Under gadapa gadapaku mana prabhutvam,Agreement no.363/GGMP/EE- lll/2023-24,Date 1-11-2023,VIII.Construction of CC Drain from D.NO.5/158 To D.no.5/165 at vikalangula colony main street in division no.25 of NMC Under gadapa gadapaku mana prabhutvam. Agreement 24,Dt 7.11.2023 no.367/GGMP/EE-ill/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. 32,51,293/- (Thirty Two Lakhs, Fifty One Thousand, Two Hundred And Ninety Three Rupees oniy) with interest @ 24% per
annum for the delayed amount till date of realization by the petitioner. for the works executed lA NO: 1 OF 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. 32,51,293/- (Thirty Two Lakhs, Fifty One Thousand, Three Rupees only) payable to the petitioner herein Two Hundred And Ninety , pending disposal of the writ petition. Counsel for the Petitioner: SRI DEVASRI ROSHAN KANCHARLA Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT SRI A.S.C.BOSE, SC FOR Counsel for the Respondent Nos.2 & 3:
MUNICIPAL CORPORATION Counsel for the Respondent No.4:GP FOR FINANCE AND PLANNING The Court made the following order:
r APHC010374472025 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: 19088/2025 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 CORPORATION SPSR NELLORE DISTRICT. CORPORATION, MUNICIPAL 3.THE REP.BY.COMMISSIONER, SPSR NELLORE DISTRICT. NELLORE 4.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT OF FINANCE AND PLANNING SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT(S):
2 Counsel for the Petitioner:
1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S):
1.GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING i
3 The Court made the following Order;
Learned counsel for the petitioner submits that the petitioner has works entrusted by the respondent-Corporation and was entered in the completed the submitted final bills. It is submitted that the progress 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 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 as expeditiously as possible preferably within a period of six (6) weeks from the date of receipt of a copy of this order.
4. Accordingly, the Writ Petition is disposed of. No costs.
5. Pending miscellaneous petitions, if any, shall stand closed.
2.
K KASI RAO ACHARI assistant registrar //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 Executive Engineer, Nellore Municipal Corporation, SPSR Nellore District.
3. The Commissioner, Nellore Municipal Corporation, SPSR Nellore District.
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4. The Principal Secretary, Department of Finance and 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 Corporations[OPUC ]
7. Two CCs to GP for Municipal Administration and High Court of Andhra Pradesh. [OUT]
8. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT]
9. Two CD Copies. Planning, State of Amaravathi, Urban Development, ssb
i HIGH COURT DATED:29/07/2025
ORDER WP No.19088 OF 2025 ^ H AUG 2025 tSectlonx^'^ «>9.
DISPOSING OF THE W.P. WITHOUT COSTS