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APHC010385852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0ES 0 FRIDAY,THE FIRST DAY OF AUGUST ^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19824 OF 2025 Between: Bejjipurapu Sangannai^, S/o. Asiri Naidu Aged about 46 years, Occ: Contractor, R/o 34-11-51, Holly Cross, Gnanapuram, Visakhapatnam, Visakhapatnam District. ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by its Special Chief Secretary, Department of Municipal Adrr^stration Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The Director of Municipal Administration, GorantlaT" Guntur, Guntur District. 4. The District Collector, Visakhapatnam, \As^hapatnam District. 5. The Greater Visakhapatnam Municipal Corporat)t5fC Rep. by its Commissioner, Visakhapatnam, Visakhapatnam District.,
6. The Superintending Engineer, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 7. The Executive Engineer-V^, Greater^ Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnatji District. 8. The Chief Executive Officer, APCFSS, 3f^Floor, Nidhi Bhavan, Behind APIIC Building, Mangalagiri, Guntur District, Pincode 522503. And Urban Development ...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 a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs. 12,3^;^2/- vide M Book No. 373/22-23, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Construction of Retaining wail. Steps and CC Roads and .CC Drains at Satya Nagar (1086280) in ward No.50 (Hillock Area). GGMP, vide Agreement No. 19^5^023-24/EE-V(A), dated 09.08.2023 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs. 12,35,532/- vide M Book No. 373/22-23 with interest @24 percent per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work. 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 direct the respondents to pay for payment of amount of Rs. 12,3^532/- vide M Book No. 378/22- 23 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Construction of Retaining wall.
Steps & CC Roads and CC Drains at Satya Nagar (1086280) in ward No.50 (HillocJ^^rea). GGMP, vide Agreement No. 195/2'^3-24/ EE V(A), dated 09.08.2023, forthwith, pending disposal of the Writ petition. Counsel for the Petitioner: SMT MODAPOTHULA SUMALATHA Counsel for the Respondent Nos. 1,3 and 4: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos. 2 and 8:GP FOR FINANCE PLANNING Counsel for the Respondent Nos. 5 to 7: SRI A S C BOSE SC FOR MUNICIPAL CORPORATION The Court made the following order:
/ APHC010385852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19824/2025 Between:
1.BEJJIPURAPU SANGANNAIDU, S/0. ASIRI NAIDU AGED ABOUT 46 YEARS, OCC CONTRACTOR, R/O 34-11-51, HOLLY CROSS, GNANAPURAM, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3.THE DIRECTOR OF MUNICIPAL ADMINISTRATION, GORANTLA, GUNTUR, GUNTUR DISTRICT. 4.THE DISTRICT COLLECTOR, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 5.THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, VISAKHAPATNAM DISTRICT. 6.THE SUPERINTENDING ENGINEER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 7.THE EXECUTIVE ENGINEERV, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. VISAKHAPATNAM, 8.THE CHIEF EXECUTIVE OFFICER, APCFSS, 3RD FLOOR, NIDHI BHAVAN, BEHIND APLLC BUILDING, MANGALAGIRI, GUNTUR DISTRICT, PINCODE 522503. ...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 a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs. 12,35,532/- vide M Book No. 373/22-23, even after finalizing the bills, payable to the petitioner in relation to the works i.e..
Construction of Retaining
! ,L, : 2 : wall. Steps and CC Roads and CC Drains at Satya Nagar (1086280) in ward No.50 (Hillock Area). GGMP, vide Agreement No. 195/2023-24/EE-V(A), dated 09.08.2023 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs. 12,35,532/- vide M Book No. @24 percent per annum for the delayed 373/22-23 with interest amount to the petitioner in respect of execution of above-mentioned work forthwith 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 please to direct the respondents to pay for payment of amount of Rs. 12,35,532/- vide M Book No. 373/22- 23 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Construction of Retaining wall. Steps & CC Roads and CC Drains at Satya Nagar (1086280) in ward No.50 (Hillock Area). GGMP, vide Agreement No. 195/2023-24/ EE-V(A), dated 09.08.2023, forthwith, pending disposal of the Writ petition and pass Counsel for the Petitioner:
1. MODAPOTHULA SUMALATHA Counsel for the Respondent(S):
1.GP MUNCIPAL ADMN AND URBAN DEVAP 2.GP FOR FINANCE PLANNING
3 I S The Court made the following Order:
Learned counsel for the petitioner submits that the petitioner has executed works as entrusted by the 5 th respondent-corporation vido Agreement No.195/2023-24/EE-IV(A), dated 09.08.2023 and 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. It is submitted that, in all, an amount of Rs. 12,35,532/- is due and payable by the respondents to the petitioner. Though the work progress was recorded in the M-Book, 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 respondents 1, 3 and 4; the learned Assistant Government Pleader for Finance and Planning, for the respondents 2 and 8 as well as the learned Standing Counsel for the respondents 5 to 7. Considering the
submissions, the respondents 2 and 5 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. no
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5. Pending miscellaneous petitions, if any, shall stand closed.
Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SE OFFICER To,
1. The Special Chief Secretary, Department of MunicipaY^dministration Urban Development, State of AP, Velagapudi, Amaravathi, Guntur District.
2. The Principal Secretary, Department of Finance'^^d Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. And Secretariat Buildings, Amaravathi,
3. The Director of Municipal Administration, Goranlla, Guntur, Guntur District.
4. The District Collector, Visakhapatnam, Visakhapatnam District.
5. The Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District.
6. The Superintending Engineer, Greater Visakh^atnam Municipal Corporation, Visakhapatnam, Visakhapatnam District.
7. The Executive Engineer-V, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District.
8. The Chief Executive Officer, APCFSS, 3Rd Floor, Nidhi Bhavan, Behind APIIC Building, Mangalagiri, Guntur District, Pincode 522503.
9. One CC to Sri. Modapothula Sumalatha Advocate [OPUC] One CC to Sri. A S C Bose SC for'l^unicipal Corporation [OPUC] Two CCs to
10.
11. GP for Finance Planning 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
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13. GSC
■' X HIGH COURT DATED:01/08/2025 ; %
ORDER WP NO. 19824 OF 2025 DISPOSING THE WP WITHOUT COSTS i