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2025 DAILYLAW 27515 (AP)

CHEVIREDDY PRABHAKAR REDDY v. THE STATE OF ANDHRA PRADESH

WP/20026/2025 · 2025-08-03

Harinath N

body2025

Judgment text

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IPHC010389302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF AUGUST /j TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20026 OF 2()9!i I] Between: Chevireddy Prabhakar Reddy, S/o. Dayakar Reddy, Aged about 61 Occ.Contractor, R/o. South Mopur Village, Nellore Rural (M) District, Pincode. 524004. years, SPSR Nellore ...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, Secretariat Buildings, Department of Finance and Planning Velagapudi, Amaravathi, Guntur District. 3. The Director of Municipal Administration, District. Gorantia, Guntur, Guntur 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 APIIC Building Mangalagiri, Guntur District, Pincode. , Nellore, SPSR 3rd Floor, Nidhi Bhavan, Behind 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 declaring the action of the Respondents not releasing the Rs.4,37,654/- vide M Book No. 1351/2023-24 amount of even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Construction of CC Drain and Culverts from House K Rathaiah to I Prakash House at Chinthareddypalem in Division No. 12 of Nellore Municipal Corporation under GGMP Grant, vide Agreement No. 262/JTO-I/2023-24, dated 19.10.2023 is questioned, as the same is illegal, arbitrary and consequently respondents to pay for payment of amount of Rs.4,37,654/- vide M Book No. 1351/2023-24 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith. direct the lA NO: 1 OF 207.4 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 Book No. 1351/2023-24 with interest @24% of Rs.4,37,654/- vide M per annum for the delayed amount to the petitioner in respect of execution of works i.e. Construction of GC Drain and Culverts from House K Rathaiah to I Prakash House at Chinthareddypalem in Division No. 12 of Nellore Municipal Corporation GGMP Grant, vide Agreement No. 262/JTO-1/2023-24, dated 19.10.2023 forthwith, pending disposal of the Writ Petition. under Counsel for the Petitioner; M/S. MODAPOTHULA SUMALATHA Counsel for the Respondent Nos. 1, 3 & 4: GP FOR MUNCIPAL AND URBAN DEV SRI A S C BOSE (SC FOR ADMN Counsel for the Respondent Nos. 5 to 6: f o municipal CORPORATIONS) Thor I Respondent Nos. 2 & 7: GP FOR FINANCE & PLANNING me Court made the following order: APHC010389302025 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: 20026/2025 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 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 f^ELLORE, SPSR NELLORE DISTRICT. 5.THE NELLORE MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, NELLORE, SPSR NELLORE DISTRICT. 6.THE EXECUTIVE ENGINEER, NELLORE MUNICIPAL CORPORATION, NELLORE, VSPSR 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.4,37,654/- vide M Book No. 1351/2023-24 even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Construction of CC Drain and Culverts from House K Rathaiah to I Prakash House at Chinthareddypalem in Division No. 12 of Nellore Municipal Corporation under GGMP Grant, vide Agreement No. 262/JTO-I/2023-24, dated 19.10.2023 is Questioned, as the same is illegal, arbitrary and consequently respondents to pay for payment of amount of Rs.4,37,654/- vide M Book No. 1351/2023-24 with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass direct the 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.4,37,654/- vide M Book No. 1351/2023-24 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Construction of GC Drain and Culverts from House K Rathaiah to I Prakash House at Chinthareddypalem in Division No. 12 of Nellore Municipal Corporation under GGMP Grant, vide Agreement No. 262/JTO- dated 19.10.2023, forthwith, pending disposal of the Writ Petition and of 1/2023-24, J 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 * The Court made the following Order: Learned counsel for the petitioner submits that the petitioner has executed works as entrusted by the 5“^ respondent vide Agreement NO.262/JTO-I/2023-24, dated 19.10.2023 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.4,37,654/- 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 2. 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 are 3. 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. 4. Pending miscellaneous petitions, if any, shall stand closed. 5. Sd/- SHAiK WiOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Special Chief Secretary, Department of Municipal Secretariat Buildings, Administration Velagapudi, And Urban Development, Amaravathi, Guntur District. T 2. The Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The Director of Municipal Administration, District. Gorantia, Guntur, Guntur 4. The District Collector, Nellore, SPSR Nellore District 5. The Commissioner, Nellore Municipal Corporation, SPSR Nellore District. 6. The Executive Engineer, Nellore Municipal Corporation Nellore District. Rep. by its Nellore, Nellore, vSPSR 7. The Chief Executive Officer, APCFSS, APIIC Building Mangalagiri, Guntur District, Pincode. 3rd Floor, Nidhi Bhavan, Behind 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] Advocate 10. Two CCs to GP for Muncipal Admn and Andhra Pradesh [OUT] 11. Two CCs to GP for Finance & Planning [OUT] 12. Two CD Copies Urban Dev, High Court of High Court of Andhra Pradesh TF HIGH COURT DATED:04/08/2025 ORDER WP NO. 20026 OF 2025 ^ 19 AUG 2025 ^ .-s<i!ii«ntSectio. Co DISPOSING OF THE W.P., WITHOUT COSTS