APHC010390662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) y ▼X iV! z o TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20229 OF 2025 Between: Ch. Subbaraidu, S/o.Ch.Balarama Raju, D.No.25-2-76,Lake View Colony 2 street, Podalakur Road Dargamitta, SPSR Nellore District. nd ...PETITIONER AND The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Municipal Administration and Urban Development, Secretariat Building, Velagapudi, Amaravathi, Guntur. The District Collector, SPSR Nellore District. The Nellore municipal Corporation, Rep.by. Commissioner, SPSR Nellore District. The Executive Engineer, Municipal Corporation, SPSR Nellore District. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings Velagapudi, Amaravathi, Guntur District. 1. 2. 3. 4. 5. ...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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in p withholding the payments of pending amounts of Rs. 31,20,178/- (Thirty One Lakhs, Twenty Thousand, One hundred and Seventy Eight Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e^ I. Laying of CC Roads at NCC Colony 8th street in 32/3 in division no.32 of NMC Under Gadapa Gadapaku no.389/GGMP/EEIII/2023-24,Dated Prabhutvam.vide Agreement mana 10.11.2023(Rs.12,09,923/-),ILUp gradation of cc roads at vengal rao nagar near tatayyabadi road (MOHS) Road 32/2 in division no.32 of NMC Under Gadapa Gadapaku Agreement 2024,Date10.11.2023(Rs.19,10,255/-).,as bad ,illegal, unjust and against the Article 21 of constitution of india and consequently direct the respondents to pay the amounts of Rs. 31,20,178/- (Thirty Lakhs, Twenty Thousand, One hundred and Seventy Eight Rupees only) with interest (g 24% per annum for the delayed amount till date of realization for the works executed by the petitioner. mana prabutvam 399/EEIII/GGMP/2023- no arbitrary, improper. One 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 forthwith consider leasing Rs.31,20,178/- (Thirty One Lakhs, Twenty Thousand, One hundred Seventy Eight Rupees only) payable to the petitioner herein, pending disposal of the writ petition. the amounts and Counsel for the Petitioner: SRI DEVASRI ROSHAN KANCHARLA Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 5:GP FOR FINANCE & PLANNING Counsel for the Respondent Nos.3 & 4: SRI A.S.C.BOSE, SC FOR MUNICIPAL CORPORATIONS The Court made the following order: F APHC010390662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20229/2025 Between: 1.CH SUBBARAIDU, S/O.CH.BALARAMA RAJU VIEW COLONY 2ND STREET, PODALAKUR ROAD DARGAMITTA SPSR NELLORE DISTRICT. D.N0.25-2-76,LAKE ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL, ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2.THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT. 3.THE NELLORE MUNICIPAL CORPORATION, REP.BY. COMMISSIONER, SPSR NELLORE DISTRICT. 4.THE EXECUTIVE ENGINEER, MUNICIPAL CORPORATION, SPSR NELLORE DISTRICT. 5.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...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 2 appropriate Writ Order or direction of Writ of Mandamus declaring the action of the more pleased topleased to issue particularly one in the nature Respondents in withholding the payments of pending amounts of Rs. 31 20,178/- (Thirty One Lakhs, Twenty Thousand, One hundred and Seventy Eight Rupees only) even after finalizing the bills payable to the petitioner in region to the works i.e, I. Laying of CC Roads at NCC Colony 8th street in 32/3 in division no,32 of NMC Under Gadapa Gadapaku mana Prabhutvam.vide Agreement no.389/GGMP/EEIll/2023-24,Dated 10 11 2023(Rs.12,09,923/-),ILUp gradation of cc roads at vengal rao nagar tatayyabadi road (MCHS) Road 32/2 in division no.32 of NMC Under Gadapa Gadapaku mana prabutvam Agreement no 399/EEIII/GGMP/2023- 2024 Date10.11.2023(Rs.19,10,255/-).,as bad ,illegal, arbitrary, improper, unjust and against the Article 21 of constitution of india and consequently direct the respondents to pay the amounts of Rs. 31,20,178/- (Thirty tie Lakhs, Twenty Thousand, One hundred and Seventy Eight Rupees only) with for the delayed amount till date of realization an near interest @ 24 percent per annum for the works executed by the petitioner 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 b® pleased consider leasing the amountsto direct the respondents ‘o forthwith Rs 31 20 178/- (Thirty One Lakhs, Twenty Thousand, One hundred and Seventy Eight Rupees only) payable to the petitioner herein, pending disposal of the writ petition and pass Counsel for the Petitioner; 1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S); GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING The Court made the following; 1. 3 ^ Order- Learned counsel for the petitioner submits that the petitioner has executed the respondents vide Agreement NOS.389/GGIV1P/EEII1/2023-24, dated 10.11.2023 and 399/EEII1/GGMP/2023-24, dated 10.11.2023 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.31,20,178/- is due and payable by the respondents to the petitioner. Though the work progress recorded in the M-Book, no amounts have been forth coming, learned counsel for the petitioner, the learned Assistant i- entrusted by works as was 2. Heard the Pleader for Municipal Administration and Urban Development, for the 1"‘ respondent; the learned Assistant Government Pleader for Finance & respondent No.5 and the learned Standing Counsel for the Government Planning, for the respondent-corporation. Considering the submissions, the respondents 3 to 5 are hereby directed 3. verify and release the payments due payable to the petitioner as expeditiously (6) weeks from the date of receipt of to possible preferably within a period of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs SIX as 4. Pending miscellaneous petitions, if any, shall stand closed. 5. Sd/- K. KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Department of Municipal Administration and Secretariat Building, Urban Development, State of Andhra Pradesh Velagapudi, Amaravathi, Guntur. 2. The District Collector, SPSR Nellore District. 3. The Commissioner, Nellore Municipal Corporation, SPSR Nellore District. 4. The Executive Engineer, Municipal Corporation, SPSR Nellore District. 5. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings Velagapudi, Amaravathi, Guntur District. 6. One CC to Sri Devasri Roshan Kancharla, Advocate [OPUC] 7. One CC to Sri A.S.C. Bose, SC for Municipal Corporations[OPUC ] 8. Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 10. Two CD Copies. ssb 'fl HIGH COURT V DATED:05/08/2025 ORDER WP No.20229 OF 2025 ^ 01 SEP 2025 m Co tr> intSectiw^^ ★ jsS PAT DISPOSING OF THE W. P. WITHOUT COSTS