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2025 DAILYLAW 27489 (AP)

CHEVIREDDY PRABHAKAR REDDY v. THE STATE OF ANDHRA PRADESH

WP/20104/2025 · 2025-08-03

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010389522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20104 OF 2025 Between: Chevireddy Prabhakar Reddy, S/o. Dayakar Reddy, Aged about 61 Occ. Contractor, R/o. South Mopur Village, Nellore Rural (M), SPSR Nellore District, Pincode, 524004. years. ...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 Department of Finance its Principal Secretary, Secretariat Buildings, and Planning Velagapudi, Amaravathi, Guntur District. 3. The Director of Municipal Administration District. 4. The District Collector, Nellore, SPSR Nellore District. 5. The Nellore Municipal Corporation, Rep. by its Commissioner, Nellore SPSR Nellore District. 6. The Executive Engineer, Nellore Municipal Corporation Nellore District. 7. The Chief Executive Officer. APCFSS, 3rd Floor, Nidhi Bhavan, Behind APIIC Building, Mangalagiri, Guntur District, Pincode. Gorantia, Guntur, Guntur Nellore, SPSR 522503. ...Respondents & Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith be pleased to issue the High Court may a writ of mandamus or any other appropriate writ direction declaring the action of the Respondehts not releasing the amount of Rs.4,47,860/- vide M Book No. 1503/2023-24 or even after finalizing the bills, payable to the petitioner in relation to the works i.e., Construction of CC Drain and Culverts from Chennakesava Temple Southrajupalem Harijanawada in Division No. 12 of Nellore Municipal Corporation under GGMP Grant, vide Agreement No. to Ramanaiah House 264/JTO-I/2023-24, dated 19.10.2023 is questioned, as the same is iilegal, arbitrary and consequently direct the respohdents to pay for payment of amount of Rs.4,47,860/- vide M Book No. 1503/2023-24 with interest @24% per annum for the delayed amount to the petitioher in respect of execution of above- mentioned work forthwith. iA NO2lOF2025 Petition under Section 151 CPC is filed 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 Rs.4,47,860/- vide M Book No. 1503/2023-24 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Construction of CC Drain and Culverts from Ramanaiah House Southrajupalem Harijanawada Municipal Corporation under GGMP Grant 1/2023-24, dated 19.10.2023, forthwith, pending disposal of the Writ Petition. “'S. MODAPOTHULA SUMALATHA Counsel for the Respondent Nos. 1, 3 & 4; GP FOR MUNCIPAL ADMN Counsel for the Respondent Nos. 5 to 6: Counsel for the Respondent Nos. 2 & 7: The Court made the following order: of Chennakesava Temple to in Division No. 12 of Nellore vide Agreement No. 264/JTO- AND URBAN DEV SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS) GP FOR FINANCE & PLANNING APHC010389522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20104/2025 Between: 1.CHEVIREDDY PRABHAKAR REDDY, S/0. DAYAKAR REDDY, AGED ABOUT 61 YEARS, OCC. CONTRACTOR, R/0. SOUTH MOPUR VILLAGE, NELLORE RURAL (M), SPSR NELLORE DISTRICT, PINCODE. 524004. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. SECRETARIAT BUILDINGS, 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. DEPARTMENT OF FINANCE AND PLANNING, 3.THE DIRECTOR OF MUNICIPAL ADMINISTRATION, GORANTLA, GUNTUR,GUNTURDISTRICT. 4.THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT. 5.THE NELLORE MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, NELLORE, SPSR NELLORE DISTRICT. 6.THE EXECUTIVE ENGINEER, NELLORE MUNICIPAL CORPORATION, NELLORE, SPSR NELLORE DISTRICT. 2 7.THE CHIEF EXECUTIVE OFFICER, APCFSS BHAVAN, BEHIND APIIC BUILDING, DISTRICT, PINCODE. 522503. 3RD FLOOR, NIDHI 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 or direction declaring the action of the Respondents not releasing the amount of Rs.4,47,860/- vide M Book No. 1503/2023-24, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Construction of CC Drain and Culverts from Chennakesava Temple to Ramanaiah House Southrajupalem Harijanawada in Division No. 12 of Nellore Municipal Corporation under GGMP Grant, vide Agreement No. 264/JTO-I/2023-24, dated 19.10.2023 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs.4,47,860/- vide M Book No. 1503/2023-24 with interest @24percent 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 amount Rs.4,47,860/- vide M Book No. 1503/2023-24 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Construction of CC Drain and Culverts from Chennakesava Temple to Ramanaiah House Southrajupalem Harijanawada in Division No. 12 of Nellore Municipal Corporation under GGMP Grant, vide Agreement No. 264/JTO-I/2023-24, dated 19.10.2023, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner; 1.MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1.GP MUNCIPALADMN AND URBAN DEVAP 2.GP FOR FINANCE PLANNING of 3 The Court made the following Order: Learned counsel for the petitioner submits executed works as entrusted by the S**" NO.264/JTO-I/2023-24, dated 19.10.2023 submitted that the competent authority has also recorded the and certified the work in the M-Book. It is submitted that, in all Rs.4,47,860/- is due and payable by the respondents to the petitioner. Though the work progress was recorded in the M-Book, no amounts have been forth coming. that the petitioner has respondent vide Agreement and submitted final bills. It is progress of work an amount of 2. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development, the respondents 1, 3 and 4; the learned Assistant Government Pleader Finance and Planning, for the respondents 2 and 7 as well as the learned Standing Counsel for the respondents 5 and 6. , for for 3. Considering the submissions, the respondents 2 and hereby directed to verify and release the 5 are 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. Pending miscellaneous petitions, if any, shall stand closed. 5. Sd/- B.CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Special Chief Secretary, Department of Municipal Administration Amar Tr Velagapudi, Amaravathi, Guntur District. 2. The 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, Nellore, SPSR Nellore District. 5. The Commissioner, Nellore Municipal Corporation, Nellore, SPSR Nellore District. 6. The Executive Engineer, Nellore Municipal Corporation, Nellore, SPSR Nellore District. 7. The Chief Executive Officer, APCFSS APIIC Building, Mangalagiri, Guntur District, Pincode. 522503. 8. One CC to M/s. Modapothula Sumalatha, Advocate [OPUC] 9. One CC to Sri A S C Bose, SC for Municipal Corporations [OPUC] 10. Two CCS to GP for Muncipal Admn Andhra Pradesh [OUT] 11. Two CCS to GP for Finance & Planning, High Court of Andhra [OUT] 12. Two CD Copies 3rd Floor, Nidhi Bhavan, Behind Advocate and Urban Dev, High Court of Pradesh TF HIGH COURT DATED:04/08/2025 ORDER WP NO. 20104 OF 2025 ^ 19 AUG 2025 i O 'wVCurrentS«6o|i,^y DISPOSING OF THE W.P., WITHOUT COSTS