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2025 DAILYLAW 27271 (AP)

B R AMBEDKAR MUTUALLY AIDED LABOUR CONTRACTOR CO OP SOCIETY v. THE STATE OF AP

WP/19832/2025 · 2025-07-31

Harinath N

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010385882025 IN THE HIGH COURT OF ANDHRA PRADESFT AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N^ WRIT PETITION NO: 19832 OF 2025^ Between: M/s. B R Ambedkar Mutually Aided Labour Contractor Co Op Society, Rep. by Its Managing Partner P Mohan, S/o. P Nagaraju, Aged about 37 years, Occ- Contractor, R/o. 37-13-615, Pragathi Visakhapatnam, Visakhapatnam District nagar, New Burma Colony, ...Petitioner- AND 1. The State of Andhra Pradesh, 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, Gorantia, Guntur, Guntur District. 4. The District Collector, Visakhapatnam, Visakhapatnam District. 5. The Greater Visakhapatnam Municipal Corporation, Rep. by its Commissioner, Visakhapatnam, Visakhapatnam District. 6. The Superintending Engineer, Greater Visakhapatnam Corporation, Visakhapatnam, Visakhapatnam District. Municipal 7. The Executive Engineer-1V, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District ^ 8. The Chief Executive Officer APCFSS, 3rd Fioor, Nidhi Bhavan, Behind ^ r APilC Buiiding, Mangaiagiri, Guntur District, Pincode 522503. ...Respondents Petition under Article 226 ofthe Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue a writ of mandamus may be or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs.6,18,642/- vide M Book No. 1542/2018-19, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Providing additional facilitres to community hall in Dharmanagar in ward no.37, vide Agreement No. 177/2018-19/DB/EE-IV/Dt.05.02.2019 is questioned, as the illegal, arbitrary and consequently direct the respondents to pay for payment Of amount of Rs.6,18,642/- vide M Book same is No. 1542/2018-19 with interest @24 percent per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith."^ 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 pay for payment of Book No. 1542/2018-19 with interest @24% amount of Rs.6,18,642/- vide M per annum for the delayed amount to the petitioner in respect of execution of works i.e. Providing additional facilities to community hall in Dharmanagar in ward no.37 Agreement No. 177/2018-19 /DB/EE-IV/Dt.05.02.2019, disposal of the Writ petition. ^ , vide forthwith, pending Counsel for the Petitioner: M/S. MODAPOTHULA SUMALATHA — Counsel for the Respondent Nos. 1, 3 & 4: GP FOR MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos. 2 & 8: GP FOR FINANCE & PLANNING Counsel for the Respondent Nos. 5 to 7: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS) The Court made the following order: APHC010385882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19832/2025 [3457] Between: 1.B R AMBEDKAR MUTUALLY AIDED LABOUR CONTRACTOR CO OP SOCIETY, REP. BY ITS MANAGING PARTNER P MOHAN, S/0. P NAGARAJU, AGED ABOUT 37 YEARS, OCC- CONTRACTOR, R/0. NEW BURMA COLONY, 37-13-615, PRAGATHI NAGAR. VISAKHAPATNAM, VISAKHAPATNAM DISTRICT ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS SPECIAL CHIEF SECRETARY DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN VELAGAPUDI, DEVELOPMENT, SECRETARIAT BUILDINGS, AMARAVATHI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT OF FINANCE AND PLANNING, SECRETARY, 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 VISAKHAPATNAM DISTRICT. 7.THE EXECUTIVE ENGINEERIV, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 8.THE CHIEF EXECUTIVE OFFICER APCFSS, 3RD FLOOR, NIDHI BHAVAN, BEHIND APIIC BUILDING, DISTRICT. PINCODE 522503. MANGALAGIRI, GUNTUR ...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 direction declaring the action of the Respondents not releasing the amount or iplil 2 of Rs.6,18,642/- vide M Book No. 1542/2018-19, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Providing additional facilities to community hall in Dharmanagar in ward no.37, vide Agreement No. 177/2018-19 /DB/EE-IV/Dt.05.02.2019 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs.6,18,642/- vide M Book No. 1542/2018-19 with interest @24 percent per annum for the delayed 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 Rs.6,18,642/- vide M Book No. 1542/2018-19 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Providing additional facilities to community hall in Dharmanagar in ward no.37, vide Agreement No. 177/2018-19/DB/EE- IV/Dt.05.02.2019, 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 amount of 3 The Court made the following Order: counsel for the petitioner submits that the petitioner has respondent-corporation vide Learned th executed works as entrusted by the 5 Agreement No.177/2018-19/DB/EE-lV, dated 05.02.2019 and submitted final submitted that the competent authority has also recorded the the M-Book. It is submitted that, in bills. It is progress of work and certified the work in all, an amount of Rs.6,18,642/- is due and payable by the respondents to the recorded in the M-Book, no petitioner. Though the work progress amounts have been forth coming. 2. Heard the learned counsel for the petitioner, the learned Assistant 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 was Government Standing Counsel for the respondents 5 to 7 3. Considering hereby directed to petitioner as expeditiously as possible preferably within a period of four (4) weeks from the date of receipt of a copy of this order. the submissions, the respondents 2 and 5 are verify and release the payments due payable to the 4. Accordingly, the Writ Petition is disposed of. No costs, shall stand closed. Pending miscellaneous petitions, if any 5. Sd/- M.RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Special Chief Secretary, Department of Municipal Administratioji,- And Urban Development Amaravathi, Guntur District. Secretariat Buildings, Velagapudi, 2. The Principal Secretary, Department of Finance Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The Director of Municipal Administration, Gorantia District. and Planning, Guntur, Guntur 4. The District Collector, Visakhapatnam, Visakhapatnam District. 5. The Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 6. The Superintending Engineer, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 7. The Executive Engineer-IV Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. 8. The Chief Executive Officer APCFSS, 3rd Floor, Nidhi Bhavan APIIC Building, Mangalagiri, Guntur District, Pincode 522503. 9. One CC to M/s. Modapothula Sumalatha Advocate [OPUC] 10. One CC to Sri ASC Bose (SC for Municipal Corporations) Advocate [OPUC] Behind 11. Two CCs to GP for Muncipal Admn and Urban Andhra Pradesh [OUT] 12. Two CCs to GP for Finance & Planning, High Court of Andhra Prad^h [OUT] 13. Two CD Copies Dev, High Court of TF HIGH COURT DATED:01/08/2025 ORDER WPNO. 19832 OF 2025 ^ 1 <1 AUG 2025 Co disposing of the W.P., WITHOUT COSTS