S LEELA MOHAN REDDY v. The State of Andhra Pradesh,
WP/20726/2025 · 2025-08-05
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28242 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28242 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
I? APHC010401652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SIXTH DAY OF AUGUST^f' TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N y / ^ V.' r ■ WRIT PETITION NO: 20726 OF 2025 Between: Sri. 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 Andhra Pradesh, 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. ^ ...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 a writ or direction or
order particularly one in the nature of Writ of Mandamus declaring the withholding the payment for a net amount action of the Respondents herein, in of Rs. 13,44,924/- (Gross. Rs.14,68,921/-), even after finalizing the bills payable to the Petitioner in relation to the work i.e., 'Up gradation of CC Road from Podalkur Main Road to Ebenzeru Krysthava Pradhana Mandhiram at ZP Colony in Division No.34 of Nellore Municipal Corporation, Nellore under Gadapa Gadapaku Mana Prabhutvam, vide Agreement No.277/GGMP/EE-lll/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. 13,44,924/- (Gross. Rs. 14,68,921/-), with an interest @24percent per annum for the delayed amount to the Petitioner in respect of execution of above- mentioned work, r 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 release payment for a net amount of Rs. 13,44,924/- (Gross: Rs. 14,68,921/-), with regard to the completion of work i.e.,
“Upgradation of CC Road from Podalkur Main Road to Ebenzeru Krysthava Pradhana Mandhiram at ZP Colony in Division No.34 of Nellore Municipal Corporation, Nellore under Gadapa Gadapaku Mana Prabhutvam, vide Agreement No.277/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. Counsel for the Petitioner: SRI MALIREDDY GOWTHAM Counsel for the Respondent Nos 1 and 2: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos 3 and 4: SRI A S C BOSE SC FOR MUNICIPAL CORPORATION Counsel for the Respondent Nos. 5 and 6: GP FOR FINANCE PLANNING The Court made the following order:
APHC010401652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] Sii- WEDNESDAY,THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20726/2025 Between:
MOHAN REDDY, S/O.VENKATA SUBBA REDDY, AGE 38 12TH LINE, 1.S LEELA YEARS OCC. CONTRACTOR, R/0. D.NO.26/3/2132 KALYANA MANDAPAM, CHANDRA MOULI NAGAR, NELLORE CITY, SPSR NELLORE DISTRICT. MVS ...PETITIONER AND ANDHRA PRADESH, REPRESENTED BY ITS MUNICIPAL ADMINISTRATION AND SECRETARIAT 1.THE STATE OF PRINCIPAL SECRETARY, URBAN DEVELOPMENT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. DEPARTMENT, 2.THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, NELLORE. REP.
BY ITS NELLORE MUNICIPAL CORPORATION, COMMISSIONER, NELLORE, NELLORE DISTRICT. NELLORE 3.THE MUNICIPAL EXECUTIVE ENGINEER, 4THE CORPORATION, NELLORE, SPSR NELLORE DISTRICT. PRADESH, REPRESENTED BY ITS 5.THE STATE OF ANDHRA ao.at PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. NELLORE, SPSR NELLORE 6.PAY AND ACCOUNTS OFFICER 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. 13,44,924/- (Gross. Rs. 14,68,921/-), even after finalizing the bills payable to the Petitioner in relation to the work i.e., 'Upgradation of CC Road from Podalkur Main Road to Ebenzeru Krysthava Pradhana Mandhiram at ZP Colony in Division No.34 of Nellore Municipal Corporation, Nellore under Gadapa Gadapaku Mana Prabhutvam, vide Agreement No.277/GGMP/EE- 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. 13,44,924/- (Gross. Rs. 14,68,921/-), with an interest @24percent per annum for the delayed amount to the Petitioner in respect of execution of above- mentioned work., forthwith and pass 111/2023-2024 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 release payment for a net amount of Rs. 13,44,924/- (Gross: Rs.14,68,921/-), with regard to the completion of work i.e., “Upgradation of CC Road from Podalkur Main Road to Ebenzeru Krysthava Pradhana Mandhiram at ZP Colony in Division No.34 of Nellore Municipal Corporation, Nellore under Gadapa Gadapaku Mana Prabhutvam, vide Agreement No.277/GGMP/EE-lll/2023- interest @24% per annum for the delayed amount to the Petitioner, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 2024, Dt.04.10.2023” with 1.MALIREDDY GOWTHAM Counsel for the Respondent(S):
1.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following:
^
Order-
Learned counsel for the petitioner submits that the petitioner has executed work, as entrusted by the respondents vide Agreement No.277/GGMP/EE- 111/2023-2024, dated 04.10.2023, 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 net amount of Rs. 13,44,924/- (Gross Rs. 14,68,921)/- 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
2. Government Pleader for Municipal Administration and Urban Development; the learned Assistant Government Pleader for Finance & Planning, and the learned Standing Counsel for the respondent-corporation. Considering the
submissions, the respondent Nos.3 to 6 are hereby
3.
directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of six (06) weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs.
4.
5. Pending miscellaneous petitions, if any, shall stand closed.
Sd/- K.KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// f\ SECTION OFFICER To, The Principal Secretary, Municipal Administration and Urban Development Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. The District Collector, SPSR Nellore District, Nellore. The Commissioner, Nellore Municipal Corporation, Nellore, Nellore District.
1.
2.
3.
4. The Executive Engineer, Neliore Municipal Corporation, Nellore, SPSR Nellore District.
5. The Principal Secretary, Finance Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District.
6. The Pay and Accounts Officer, Nellore, SPSR Nellore District.
7. One CC to Sri. Malireddy Gowtham Advocate [OPUC]
8. One CC to Sri. A S C Bose SC for Municipal Corporation [OPUC]
9. Two CCs to GP for Finance Planning, High Court of Andhra Pradesh I [OUT] Two CCs to GP for Municipal Admin and Urban Development, High Court of Andhra Pradesh [OUT] Two CD Copies
10.
11. GSC
HIGH COURT DATED:06/08/2025
ORDER WP NO. 20726 OF 2025 I 0 1 SEP 2025 m ^ ^ Current Section . ^ DISPOSING THE WP WITHOUT COSTS