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2025 DAILYLAW 27529 (AP)

CHEVIREDDY PRABHAKAR REDDY v. THE STATE OF ANDHRA PRADESH

WP/20017/2025 · 2025-07-31

Harinath N

body2025

Judgment text

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APHC010389502025 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 HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20017 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, 3rd 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 amount of Rs.4,48,947/- vide M Book No. 1509/2023-24, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Construction of CC Drain and Culverts from Suneetha House to Disposal Drain at ST Colony Southrajupalem in Division No. 12 of Nellore Municipality Corporation under GGMP Grant, vide Agreement No. 263/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.4,48,947/- vide M Book No. 1509/2023-24 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.4,48,947/- vide M Book No. 1509/2023-24 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 Suneetha House to Disposal Drain at ST Colony Southrajupalem in Division No. 12 of Nellore Municipality Corporation under GGMP Grant, vide Agreement No. 263/JTO-I/2023-24, dated 19.10.2023, forthwith, pending disposal of the Writ Petition. Counsel for the Petitioner: M/S. MODAPOTHULA SUMALATHA Counsel for the Respondent Nos. 1, 3 & 4: GP FOR MUNCIPAL ADMN URBAN DEV 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: 0^ APHC010389502025 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: 20017/2025 Between: 1.CHEVIREDDY PRABHAKAR REDDY, S/O. 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, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI,GUNTURDISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3.T.HE DIRECTOR OF MUNICIPAL ADMINISTRATION, GORANTLA, 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. m 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 praytng 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.4,48,947/- vide M Book No. 1509/2023-24, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Construction of CC Drain and Culverts from Suneetha House to Disposal Drain at ST Colony Southrajupalem in Division No. 12 of Nellore Municipality Corporation under GGMP Grant, vide Agreement No. 263/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.4,48,947/- vide M Book No. 1509/2023-24 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.4,48,947/- vide M Book No. 1509/2023-24 with interest @24% per for the delayed amount to the petitioner in respect of execution of works i.e. Construction of CC Drain and Culverts from Suneetha House to Disposal Drain at ST Colony Southrajupalem in Division No. 12 of Nellore Municipality Corporation under GGMP Grant, vide Agreement No. 263/JTO- 1/2023-24, dated 19.10.2023, forthwith, pending disposal of the Writ Petition and Counsel for the Petitioner: 1.MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR FINANCE PLANNING of annum pass 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.263/JTO-l/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.4,48,947/- 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. 2. 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. 3. Considering the submissions, the respondents 2 and 5 are 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. 4. Accordingly, the Writ Petition is disposed of. No costs. 5. Pending miscellaneous petitions, if any, shall stand closed. Sd/- B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Special Chief Secretary, Department of Municipal Administration And Urban Development, Secretariat Buildings, 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, 3rd Floor, Nidhi Bhavan, Behind APIIC Building, Mangalagiri, Guntur District, Pincode 522503. 8. One CC to Sri Modapothula Sumalatha, Advocate [OPUC] 9. One CC to Sri A S C Bose (SC for Municipal corporations), Advocate [OPUC] 10. Two CCs to GP for Muncipal Admn Urban Dev, Fligh Court of Andhra Pradesh [OUT] 11. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 12. Two CD Copies TF IGH COURT DATED;01/08/2025 ORDER WP NO. 20017 OF 2025 1 'I AUG 2025 ntSectioox^^ m Co DISPOSING OF THE W.P WITHOUT COSTS