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2025 DAILYLAW 27283 (AP)

B SANGAN NAIDU v. THE STATE OF ANDHRA PRADESH

WP/19829/2025 · 2025-07-31

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

> APHC010385832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0;*’0 0 FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19829 OF 2025 Between: B. Sangan Naidu, 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 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 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 Municipal Corporation, Visakhapatnam, Visakhapatnam District. 7. The Executive Engineer-IV, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. Secretariat Buildings, 8. The Chief Executive Officer, APCFSS, Floor, Nidhi Bhavan, Behind APIIC Building, Mangalagiri, Guntur District, Pincode 522503. ...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 amount of declaring the action of the Respondents not releasing the Rs.4,04,292/- vide M Book No. 357/2018-19 even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Providing additional facilities to community hall in Neelakanta Nagar in ward no.37, vide Agreement No. 178/2018-19 /DB/ EE-IV/ Dt.05.02.2019 is questioned, as the is illegal, arbitrary and consequently direct the respondents payment of amount of Rs.4,04,292/- vide M Book No.357/2018-19 interest @24% per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith. same to pay for with lA NO: 1 OF 202fi 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 amount of Rs.4,04,292/- vide M Book No. 357/2018-19 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 Neelakanta Nagar in ward no.37, vide Agreement No. 178/2018-19 /DB/ EE-IV/ Dt.05.02.2019, forthwith. pending disposal of the Writ petition. Counsel for the Petitioner: SMT. MODAPOTHULA SUMALATHA Counsel for the Respondent Nos.1,3 & 4: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT r Counsel for the Respondent Nos.2 & 8;GP FOR FINANCE & PLANNING Counsel for the Respondent Nos.5, 6 & 7: SRI A.S.C.BOSE, SC FOR MUNICIPAL CORPORATIONS The Court made the following order: APHC010385832025 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: 19829/2025 Between: 1.B SANGAN NAIDU, S/0. ASIRI NAIDU, AGED ABOUT 46 YEARS, R/0. 34-11-51, HOLLY CROSS, GNANAPURAM, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...PETITIONER OCC CONTRACTOR, 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, 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 ENGINEERIV, 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. VISAKHAPATNAM ...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.4,04,292/- vide M Book No. 357/2018-19, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Providing additional 2 no.37, v.e interest @24 percent per annum for thJ lr a ^ '^°' 357/2018-19 with ;~«on Of above- mentioned worflrhtiVas?^“°'’" " in the affidavit fifed fn^supfo'tl ofthe pS^^thfin" f*®'^''■‘^'^'^^•^nces stated piease to direct the respondents 1°.? ? '®'’ P'^^^ed Rs.4,04,292/- vide M Book^No.^ 357/2018^-^9 w?th °f amount of for the delayed amount to the oetitionpr in interest @24% per annum Providing additional facilities to community haH in NlefaTart^Na”''■®' no^37, vide Agreement No. 178/2018-19 /DB/ EE ^ Nagar in ward 1. MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING IV/ Dt.05.02.2019, 3 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner has executed works as entrusted by the 5*'^ respondent-Corporation vide Agreement No. 178/2018-19/DB/EE-lV, dated 05.02.2019 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.4,04,292/- 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 four (4) weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs. no 2. 3. are 4. 5. Pending miscellaneous petitions, if any, shall stand closed. Sd/- SHAIK WiOHD. RAFi ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Special Chief Secretary, Department of Municipal Administration and Urban Development, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. Department of Finance and Planning, State of Amaravathi, 2. The Principal Secretary Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 3. The Director of District. Municipal Administration, Gorantla, Guntur, Guntur District Collector, Visakhapatnam, Visakhapatnam District. 5. The Commissioner, Greater Visakhapatnam Municipal Corporation 4. The Visakhapatnam, Visakhapatnam District. 6. The Superintending Engineer, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. Greater Visakhapatnam Municipal Executive Engineer-lV, 7. The Visakhapatnam, Visakhapatnam District. Corporation 8. The Chief Executive Officer, APCFSS, 3 APllC Building, Mangalagiri, Guntur District, Pincode 522503. Modapothula Sumalatha, Advocate [OPUC] Floor, Nidhi Bhavan, Behind rd 9. OneCCtoSmt. One Corporations[OPUC] 11. Two CCs to GP for High Court of Andhra Pradesh. [OUT] 12. Two CCs to GP for Finance for Municipal SC Bose A.S.C. CC to Sri 10. Municipal Administration and Urban Development and Planning, High Court of Andhra Pradesh [OUT] 13. Two CD Copies. ssb f HIGH COURT DATED:01/08/2025 ORDER WP No.19829 OF 2025 ,g( H AUG 2025 i ''^^QwTentSwtiopx^^ DISPOSING OF THE W.P. WITHOUT COSTS