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2025 DAILYLAW 27504 (AP)

CHEVIREDDY PRABHAKAR REDDY v. THE STATE OF ANDHRA PRADESH

WP/20040/2025 · 2025-07-31

Harinath N

body2025

Judgment text

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APHC010389192025 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: 20040 OF 2025 Between: Chevireddy Prabhakar Reddy, S/o. Dayakar Reddy, Aged about 61 years, Occ Contractor, R/o. 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, 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, 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. 7. The Chief Executive Officer, APCFSS, Floor, Nidhi Bhavan, Behind APIIC Building, Mangalagiri, Guntur District, Pincode 522503. Secretariat Buildings, ...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 of Rs.4,21,266/- vide M Book No. 2044/2023-24, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Construction of CC Drain from P Venn House to Ch Vijay Kumar House Chinthareddypalem in Division No. 12 of NMC Under GGMP Grant, vide Agreement No. 400A/JTO -l/GGMP/2023-24, dated 05.02.2024 is questioned, as the same is illegal, arbitrary and for payment of amount of consequently direct the respondents to Rs.4,21,266/- vide M Book 2044/2023-24 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith. 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 to direct the respondents to pay for payment of amount of Rs.4,21,266/- vide M Book No. 2044/2023-24 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Construction of CC Drain from P Venn House to Ch Vijay Kumar House Chinthareddypalem in Division No. 12 of NMC Under GGMP Grant, vide Agreement No. 400A/JTO-I/GGMP/2023-24, dated 05.02.2024, 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 Counsel for the Respondent Nos.2 & 7:GP FOR FINANCE & PLANNING Counsel for the Respondent Nos.5 & 6: SRI A.S.C.BOSE, SC FOR MUNICIPAL CORPORATIONS The Court made the following order: APHC010389192025 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: 20040/2025 Between: 1.CHEVIREDDY PRABHAKAR REDDY, S/0. DAYAKAR REDDY, AGED R/0. SOUTH MOPUR SPSR NELLORE DISTRICT, ABOUT 61 YEARS, OCC CONTRACTOR VILLAGE, NELLORE RURAL (M) PINCODE 524004. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF DEPARTMENT OF MUNICIPAL ADMINISTRATION SECRETARIAT BUILDINGS, SECRETARY, AND URBAN DEVELOPMENT, VELAGAPUDI, 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, NELLORE, SPSR NELLORE DISTRICT. 5.THE NELLORE MUNICIPAL CORPORATION COMMISSIONER, NELLORE, SPSR NELLORE DISTRICT. 6.THE EXECUTIVE ENGINEER, NELLORE CORPORATION, NELLORE, SPSR NELLORE DISTRICT. REP. BY ITS MUNICIPAL 2 district, PINCODE 522503. ^>.A floor, NIDHI mangalagiri GUNTUR ...RESPONDENT(S): or airection declaring the action Rs.4,21,266/- vide M praying that in the the High Court may be of D appropriate writ Book No 2044/2023 2^°"^^^^^ releasing the _ payable to the petitioner in relation to the work^ a^er finalizing the bills, from P Venn House to Ch Viiav Kumir m ^ ’ ^"""^^ruction of CC Drain No. 12 o, NMC Under °-s,on I/GGMP/2023-24, dated 05.02.2024^ n ie. ^9''®®'"®"* No. 400A/JTO arbitrary and consequently direct the re<?n '**®9al Of Rs.4,21,266/- Vide M 8001 204^ 24 V° annum for the delayed amount toThe ntH @24peroent , above- mentioned work forthwith and pass of per jA NO: 1 OF 9noK Petition under Section 151 cpn in the affidavit filed in support oHhe oLtten^th^ u" ^''^^sf^ooes stated Please to direct the respond 1 “v for P'®®®®^ Rs.4,21.266/- vide M Book No 2ot/2023 24 JZ for the delayed amount tn th ^'^023-24 with interest Construction of CC Drain from^ p°v^'^ 'n respect of execution of Chinthareddypalem in Division No Agreement No. 400A/JTO-l/GGMP/202f2r disposal Of the Writ Petition and paT Counsel for the Petitioner: 1.MODAPOTHUU SUMALATHA Counsel for the Respondent(S): 1GP FOR MUNCIPAL ADMN URBAN 2.GP FOR FINANCE PLANNING amount @24% per annum of works i.e. to Ch Vijay Kumar House Under GGMP Grant dated 05.02.2024 vide pending DEV 3 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner has executed works as entrusted the 5^^ respondent-corporation vide Agreement NO.400A/JTO-I/GGMP/2023-24, dated 05.02.2024 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.4,21,266/- 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. 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 7 as well as the learned Standing Counsel for the respondents 5 and 6. 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. Pending miscellaneous petitions, if any, shall stapd closed. Sdl-SHAIK MOHD assistant REGISTRAK SECT ON OFFICER 2. 3. are 4. 5. I; //TRUE COPY// To, The Special Chief Secretary, Department of Municipal Administration Urban Development, State of Andhra Pradesh, Secretariat Amarijwathi Guntur District. 1. and X/^lranorM iHi 1 2. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, 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, 3'"'^ Floor, Nidhi Bhavan, Behind APIIC Building, Mangalagiri, Guntur District, Pincode 522503. 8. One CC to Smt. Modapothula Sumalatha, Advocate [OPUC] 9. One CC to Sri A.S.C. Bose, SC for Municipal Corporations[OPUC ] 10. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 11. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 12. Two CD Copies. Amaravathi ssb ^ . H X HIGH COURT DATED:01/08/2025 ORDER WP No.20040 OF 2025 ^ 1 <1 AUG 2025 rant 3^^ S' PAT DISPOSING OF THE W.P. WITHOUT COSTS