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2025 DAILYLAW 28216 (AP)

S LEELA MOHAN REDDY v. THE STATE OF AP

WP/20613/2025 · 2025-08-04

Harinath N

body2025

Judgment text

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APHC010401632025 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: 20613/2025 Between: 1. S LEELA MOHAN REDDY, , S/O.VENKATA SUBBA REDDY, AGE 38 YEARS, OCC CONTRACTOR, R/O. D.NO.26/3/2132, 12TH LINE, MVS KALYANA MANDAPAM, CHANDRA MOULI NAGAR, NELLORE CITY, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, NELLORE. 3. THE NELLORE MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, NELLORE, NELLORE DISTRICT. 4. THE EXECUTIVE ENGINEER, NELLORE MUNICIPAL CORPORATION, NELLORE, SPSR NELLORE DISTRICT. 5. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, GUNTUR DISTRICT. 6. PAY AND ACCOUNTS OFFICER, NELLORE, SPSR NELLORE DISTRICT. ...RESPONDENT(S): 2 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 topleased to issue a writ or direction or order particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents herein, in withholding the payment for a net amount of Rs. 14,46,429/- (Gross Rs.15,79,277/-), even after finalizing the bills payable to the petitioner in relation to the work i.e., Upgradation of CC Road from D.No.25-1-940 to 25-3- 346 at Netaji Nagar 4th Street in Division No.33 of Nellore Municipal Corporation, Nellore under Gadapa Gadapaku Mana Prabhutvam, vide Agreement NO.272/GGMP/EE-III/2023-2024, Dt.04.10.2023 is illegal and arbitrary apart from violates of Articles 14, 16, 19 and 300-A of The Constitution of India and consequently direct the respondents to consider for payment for a net amount of Rs. 14,46,429/- (Gross Rs.15,79,277/-), with an interest @24percent per annum for the delayed amount to the Petitioner in respect of execution of above-mentioned work., forthwith and pass IA 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 release payment for a net amount of Rs.14,46,429/- (Gross: Rs.15,79,277/-), with regard to the completion of work i.e., “Upgradation of CC Road from D.No.25- 1-940 to 25-3-346 at Netaji Nagar 4th Street in Division No.33 of Nellore Municipal Corporation, Nellore under Gadapa Gadapaku Mana Prabhutvam, vide Agreement No.272/GGMP/EE-lll/2023-2024, Dt.04.10.2023” with interest @24% per annum for the delayed amount to the Petitioner, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. MALIREDDY GOWTHAM Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. 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 work under Agreement No.272/GGMP/EE-III/2023-24, dated 04.10.2023, entrusted by the respondent-corporation, and has submitted the final bills. 3. It is submitted that a total amount of Rs. 14,46,429/- is due and payable by the respondent-corporation to the petitioner on account of the completion of the aforesaid work. However, the said amount has not been paid. 4. Considering the submissions, there shall be a direction to the respondent Nos.3 to 5 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. 6. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 05.08.2025 PNS