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. APHC010395352024 IN THE HIGH COURT OF ANDHRA PRADE AT AMARAVATI (Special Original Jurisdiction) SMS THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20300 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, Kumool, Kumool District ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by Principal Secretary, Municipal Administration, Secretariat, Velagapudi, Amaravati District. 2. The State of Andhra Pradesh, Represented by its Principal Secretary, Finance Department Secretariat Buildings, Velagapudi Guntur District
3. The Commissioner and Director of Municipal Administration Krishna Enclave, Annapura Nagar, 5th lane, Gorantla-522034, Guntur, Andhra Pradesh. 4. Andhra Pradesh Center for Financial Systems and Services Rep. by its CEO, Government of Andhra Pradesh, Anjaneya Towers, Ibrahimpatnam, Krishna District - 521456. 5. The District Collector, Kumool District, Andhra Pradesh
6. Kumool Municipal Corporation, Rep by its Commissioner, Kumool District, Andhra Pradesh Dept, of , Guntur Amaravati, Padmini 4/7 Inner Ring Road, APCFSS, 6th Floor, C-Block, Kumool,
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 admitted gross amounts of Rs.43,39,222-00 respondents in not paying the (Rupees Forty Three Lakhs Thirty Nine Thousand Two Hundred Twenty Two only) due to the per the proceedings vide. petitioner as Proc.No.671/GGMP/DySO 1/2022, dated as per the agreements held Municipal Corporation, as illegal, arbitrary, contrary to the principles of 21 of the Constitution of respondents to make the payment of amount of Rs.43,39,222- 00 forthwith along with an interest of 24% p.a to the petitioner for the above works. 10.10.2023 of the District Collector, Kurnool and for the works between the petitioner and the Kurnool Kurnool i.e., respondent No.6 natural justice and in violation of the Art 14, 19 and India and consequently direct the an lA NO: 1 OF Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to immediately the petitioner, pending disposal of this writ petition.
praying that in the circumstances stated pay an amount of Rs.43,39,222-00 to 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 municipal corporation REDDY, SC FOR The Court made the following order:
- APHC010395352024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) BMH V>JsyF [3457] THURSDAY.THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20300/2024 Between:
1.SHAIK SULTHAN MIAH, S/0. SHAIK NAZEER AHAMED, AGED ABOUT 43 YEARS, OCC. CONTRACTOR, R/0. D.NO.80-131-82, HOUSING BOARD COLONY. NEAR REGISTRATION OFFICE, KUMOOL, KUMOOL 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, GORANTLA-522034, GUNTUR, ANDHRA PRADESH. . 4.ANDHRA PRADESH CENTER FOR FINANCIAL SYSTEMS AND SERVICES APCFSS, REP. BY ITS CEO, ANDHRA PRADESH, 6TH FLOOR, C-BLOCK, ANJANEYA TOWERS IBRAHIMPATNAM, KRISHNA DISTRICT - 521456. GOVERNMENT OF 5.THE DISTRICT COLLECTOR, KURNOOL DISTRICT, ANDHRA PRADESH
2 6.KURN00L MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, KUMOOL, KUMOOL DISTRICT, ANDHRA PRADESH 7.PAY AND ACCOUNTS OFFICER, KUMOOL, 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.
2.
Learned counsel for the petitioner submits that the petitioner has completed the works of 1) Construction of CC Drain and Road from H.No.45/403-76 to 45/403-68A of Bhagath Singh Nagar in Ward No.45 under GGMP Work vide M.Book No.412/23-24, 2) Construction of 600mm CC Drain from H.NO.45/204-B (Azar Kiranam) to H.No.45/338 and Internal Road Drains at Labour Colony in 45‘^ Ward under GGMP Fund vide M.Book No.413/23-24 and 3) Construction of 380mm CC Drain from H.No.45/206 to Balwari Apartments main road at labour colony in 45*^ Ward under GGMP Fund vide M.Book No.414/23-24, entrusted by the respondent corporation, and submitted the final bills.
3. It is submitted that a total amount of Rs.43,39,222/- is due and payable by the respondent corporation to the petitioner on account of the completionof the aforesaid works. However, the said amount has not been paid.
4. 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 of this order.
5. Accordingly, this Writ Petition is disposed off. There shall be no order as to costs.
m 4 As a sequel, miscellaneous petitions pending, if any, shall stand closed.
Sd/-B PRASADA RAO i ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Dept of Municipal Administration, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.
2. The Principal Secretary Finance Department, State of Andhra Pradesh, 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, 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
7. Pay and Accounts Officer, Kurnool, Kurnool District, Andhra Pradesh.
8. One CC to Sri Shaik Mohammed Ismail, Advocate [OPUC]
9. One CC to Sri P.Vengala Reddy, SC for Municipal Corporation [OPUC]
10. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT]
11. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT]
12. Two CD Copies. Kurnool ssb ■s, —
HIGH COURT DATED:17/07/2025
ORDER WP No.20300 OF 2024 g 30JUL 2025 ^ . Current Section <o.
DISPOSING OF THE W.P. WITHOUT COSTS