I APHC010390822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20241 OF 2025 Between: Sri Ch Subbaraidu, S/o.Ch.Balarama Raju, D.No.25-2-76, Lake View Colony 2nd street, Podalakur Road Dargamitta, SPSR Nellore District, ...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 Plannin^Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. ^ ...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ Order or direction more particularly in the nature of Writ of Mandamus declaring the Respondents in withholding the payments of pending in the circumstances stated one action of the amounts of Rs. 39,18,528/- (Thirty Nine Lakhs, Eighteen Thousand, Five hundre;d and Twenty Eight Rupees only) even after finalizing the bills payable to the petitionerin relation to the works i.e. “I. Laying of CC Road from 5th street to 12th street of Lakeview colony in Division no.35 of NMC Under Gadapa Gadapaku mana ■ Prabhutvam. vide no.377/GGMP/EEIII/2022-23, Agreement Dated 20.12.2022 (Rs.19,55,463/-), II.Construction of CC Road at velagachettu sangam from vinayaa temple to Door No.16-15-688 division no.17 in Nellore municipal corporation under GGMP Grant Agreement no 258A/2023-2024, Date: 13.10.2023 (Rs.19,63, 065/-), 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. 39,18,528/- (Thirty Nine Lakhs, Eighteen Thousand, Five hundred and Twenty Eight Rupees only) with interest @ 24% per annum for the delayed amount till date of realization for the works executed by the petitioner. lA NO: 1 OF 2025 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 forthwith consider leasing the amounts Rs.39,18,528/- (Thirty Nine Lakhs, Eighteen Thousand, Five hundred and Twenty Eight Rupees only) payable to the petitioner herein, pending disposal of the writ petition. ^ Counsel for the Petitioner: SRI DEVASRI ROSHAN KANCHARLA ^ Counsel for the Respondent Nos. 1 & 2: GP FOR MUNCIPAl. ADMN AND URBAN DEV Counsel for the Respondent Nos. 3 & 4: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS) Counsel for the Respondent No.5: GP FOR FINANCE & PLANNING The Court made the following order; ■' 4 - APHC010390822025 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: 20241/2025 Between: 1.CH SUBBARAIDU, S/O.CH.BALARAMA RAJU, D.N0.25-2-76,LAKE VIEW COLONY 2ND STREET, PODALAKUR ROAD DARGAMITTA, SPSR NELLORE DISTRICT. ...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 DEPARTMENT OF FINANCE AND PLANNING SECRETARY. 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 pleased topleased to issue an appropriate Writ Order or direction particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of 39,18,528/- more Rs. (Thirty Nine Lakhs, Eighteen Thousand, Five hundred and Twenty Eight Rupees only) even after finalizing the bills payable to the petitionerin relation to the works i.e.l. Laying of CC Road from 5th street to 12th street of Lakeview colony in Division no.35 of NMC Under Gadapa Gadapaku mana Prabhutvam. vide no.377/GGMP/EEIII/2022-23,Agreement ),ILConstruction of CC Road at Dated 20.12.2022{Rs. 19,55,463/- velagachettu sangam from vinayaa temple to Door No. 16-15-688 division no. 17 in Nellore municipal corporation under GGMP Grant Agreement 258A/2023-2024,Date13.10.2023(Rs.19,63, 065/- ), 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. 39,18,528/- (Thirty Nine Lakhs, Eighteen Thousand, Five hundred and Twenty Eight Rupees only) with interest @ 24percent per annum for the delayed amount till date of realization for the works executed by the petitioner and no 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 pleased to direct the respondents to forthwith consider leasing the amounts Rs.39,18,528/- (Thirty Nine Lakhs, Eighteen Thousand, Five hundred and Twenty 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); 1.GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING The Court made the following: 3 Order:- Learned counsel for the petitioner submits that the petitioner has executed Agreement Nos. works as entrusted by the respondents vide 377/GGMP/EEIII/2022-23, dated 20.12.2022, and 258A/2023-2024, dated 13.10.2023, 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.39,18,528/- 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 1®‘ respondent; the learned Assistant Government Pleader for Finance & Planning, for the respondent No.5 and the learned Standing Counsel for the 2. respondent-corporation. Considering the submissions, the respondent Nos.3 to 5 are 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. 3. Accordingly, the Writ Petition is disposed of. No costs. 4. Pending miscellaneous petitions, if any, shall stand closed. 5. Sd/- K.KASI RAO ACHAR! ASSISTANT REGISTRY //TRUE COPY// SECTION OEFJCER To, 1. The Principal Secretary, Department of Municipal Urban Development, Secretariat Building, Velagapudi, Guntur. 2. The District Collector, SPSR Nellore District. Administration and Amaravathi, J* 3. The Commissioner, Nellore municipal corporation, SPSR Nellore District. 4. The Executive Engineer, Municipal Corporation, SPSR Nellore District. Department of Finance and Planning 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) Advocate [OPUC] 8. Two CCs to GP for Muncipal Admn and Urban Dev, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 10. Two CD Copies 5. The Principal Secretary, TF HIGH COURT DATED:05/08/2025 ORDER WP NO. 20241 OF 2025 S 2 8 AUG 2(125 9-^ . Current Section .y. DISPOSING OF THE W.P., WITHOUT COSTS