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2025 DAILYLAW 27820 (AP)

SHAIK SULTHAN MIAH v. THE STATE OF ANDHRA PRADESH

WP/20328/2024 · 2025-07-16

Harinath N

body2025

Judgment text

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APHC010395372024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20328 OF 2024 Between: Shaik Sulthan Miah, S/o. Shaik Nazeer Ahamed, Aged about 43 Years, Occ Contractor, R/o. D.No.80-131-82, Housing Board Colony, Near Registration Office, Kurnool, Kurnool District ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by Principal Secretary, Dept, of Municipal Administration, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The State of Andhra Pradesh, Represented by its Principal Secretary, Finance Department Secretariat Buildings, Velagapudi, Amaravati, Guntur District 3. The Commissioner and Director of Municipal Administration, Padmini Krishna Enclave, Annapura Nagar, 5th lane, 4/7 Inner Ring Road, Gorantia-522034, Guntur, Andhra Pradesh. 4. Andhra Pradesh Center for Financial Systems and Services APCFSS, Rep. by its CEO, Government of Andhra Pradesh, 6th Floor, C-Block, Anjaneya Towers, Ibrahimpatnam, Krishna District - 521456. 5. The District Collector, Kurnool District, Andhra Pradesh. 6. Kurnool Municipal Corporation, Rep by its Commissioner, Kurnool District, Andhra Pradesh Kurnool, 7. Pay and Accounts Officer, Kurnool, Kurnool District, Andhra Pradesh ...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 Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not paying the admitted gross amounts of Rs. 14,08,684-00 (Rupees Fourteen Lakhs Eight Thousand Six Hundred Eighty Four Only) due to the petitioner as per the proceedings vide. Proc.No.671/GGMP/DySO 1/2022, dated 04.12.2023 of the District Collector, Kurnool and as per the agreements held for the works between the petitioner and the Kurnool Municipal Corporation, Kurnool i.e., respondent No.6 as illegal, arbitrary, contrary to the principles of natural justice and in violation of the Art 14, 19 and 21 of the Constitution of India and consequently direct the respondents to make the payment of an amount of Rs. 14,08,684- 00 forthwith along with an interest of 24% p.a to the petitioner for the above works. lA NO: 1 OF 2024 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 immediately pay an amount of Rs. 14,08,684-00 to the petitioner, pending disposal of this writ petition. Counsel for the Petitioner: SRI SHAIK MOHAMMED ISMAIL Counsel for the Respondent Nos.1 & 3: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2,4, 5 & 7:GP FOR FINANCE AND PLANNING Counsel for the Respondent No.6: SRI P.VENGALA REDDY, SC FOR MUNICIPAL CORPORATION The Court made the following order: 1 APHC010395372024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] - •- THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20328/2024 Between: 1.SHAIK SULTHAN MIAH, S/0. SHAIK NAZEER AHAMED, AGED OCC CONTRACTOR, R/0. D.NO.80-131-82, HOUSING BOARD COLONY, NEAR REGISTRATION OFFICE, KURNOOL, KURNOOL DISTRICT ABOUT 43 YEARS ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH. SECRETARY, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. GUNTUR DISTRICT 3.THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, PADMINI KRISHNA ENCLAVE, ANNAPURA NAGAR, 5TH LANE, 4/7 INNER RING ROAD, GORANTLA-522034. GUNTUR, ANDHRA PRADESH. 4.ANDHRA PRADESH CENTER FOR FINANCIAL SYSTEMS AND SERVICES APCFSS, REP. BY ITS CEO, GOVERNMENT OF ANDHRA PRADESH, 6TH FLOOR, C-BLOCK, ANJANEYA TOWERS. IBRAHIMPATNAM, KRISHNA DISTRICT - 521456. 5.THE DISTRICT COLLECTOR, KURNOOL DISTRICT. ANDHRA PRADESH. REP. BY PRINCIPAL DEPT OF MUNICIPAL ADMINISTRATION, 2 6.KURNOOL MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, KURNOOL, KURNOOL DISTRICT, ANDHRA PRADESH 7. PAY AND ACCOUNTS OFFICER, KURNOOL, KURNOOL DISTRICT, ANDHRA PRADESH ...RESPONDENT(S): Counsel for the Petitioner: 1.SHAIK MOHAMMED ISMAIL Counsel for the Respondent(S): 1.POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region In 2.GP MUNCIPAL ADMN AND URBAN DEV AP 3.GP FOR FINANCE PLANNING The Court made the following: 3 Order:- Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Finance and the learned Standing Counsel for the respondent-corporation. Learned counsel for the petitioner submits that the petitioner has 2. completed the works of 1) Construction of 450 mm CC Drain from H.No. 01/4-31-30 to H.No.91/4-31-19 at Subba Rao Colony in Ward No.40, Sachivalayam No. 104 under GGMP Fund vide M.Book No.643/23-24, 2) Construction of 450mm CC Drain from H.No.91-4-31-48 to H.No.91/4-31-13-A at Subba Rao Colony in Ward No.40, Sachivalayam No.104 under GF vide M.Book No.642/23-24 and 3) Construction of 600mm CC Drain from H.No.91/4/56 to H.No.91/4-22-A-19 at Good Shephered School Ward No.40 under GGMP Fund vide M.Book No.644/23-24, entrusted by the respondent corporation, and submitted the final bills. It is submitted that a total amount of Rs. 14,08,684/- is due and payable 3. by the respondent corporation to the petitioner on account of the completion of the aforesaid works. However, the said amount has not been paid. Considering the submissions, there shall be a direction to the respondents to verify and release the payments as expeditiously as possible preferably within a period of six (06) weeks from the date of receipt of a copy 4. of this order. Accordingly, this Writ Petition is disposed off. There shall be no order as 5. to costs. 4 As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Dept, of Municipal Administration, State of Secretariat, Velagapudi, Amaravati, Guntur District. Finance Department, State of Andhra 1. The Principal Secretary, Andhra Pradesh 2. The Principal Secretary Secretariat Buildings, Velagapudi, Amaravati, Guntur District Pradesh, and Director of Municipal Administration, Padmini 3. The Commissioner Krishna Enclave, Annapura Nagar, 5^^ lane, 4/7 Inner Ring Road, Gorantla-522034, Guntur, Andhra Pradesh. 4. Te CEO, Andhra Pradesh Center for Financial Systems and Services APCFSS, Government of Andhra Pradesh, Anjaneya Towers, Ibrahimpatnam, Krishna District - 521456. 5. The District Collector, Kurnool District, Andhra Pradesh. 6. The Commissioner, Kurnool Municipal Corporation, Kurnool, Kurnool 6th Floor, C-Block District, Andhra Pradesh and Accounts Officer, Kurnool, Kurnool District, Andhra 7. The Pay Pradesh 8. One CC to Sri Shaik Mohammed Ismail, Advocate [OPUC] Sri P.Vengala Reddy, SC for Municipal Corporation [OPUC] CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 11. Two CCs to GP 9. OneCCto 10. Two for Finance and Planning, High Court of Andhra Pradesh [OUT] 12. Two CD Copies. ssb r HIGH COURT DATED; 17/07/2025 ®=AMOI^ ORDER WP No.20328 OF 2024 I* 2! JUI. 2025 S . Current Section DISPOSING OF THE W.P. WITHOUT COSTS