rj '4 APHC010401612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20651 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 action of the Respondents herein, withholding the payment for a net amount of Rs. 17,98,133/- (Gross in Rs. 19,65,953/-), even after finalizing the bills payable to the Petitioner relation to the work i.e., Upgradation of CC Road from Tataiah Badi (MCHS) to Ramalayam at Vengala Rao Nagar in Division No.33 of Nellore Municipal Corporation, Nellore under Gadapa Gadapaku Mana Prabhutvam, vide Agreement No.282/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. 17,98,133/- (Gross Rs. 19,65,953/-), with interest @24 percent per annum for the delayed amount to the Petitioner in respect of execution of above-mentioned work forthwith. lA NO: 1 OF 2025 in an Petition under Section 151 CPC praying that in the circurhstances 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. 17,98,133/- (Gross: Rs. 19,65,953/-), with regard to the completion of work i.e., “Upgradation of CC Road from Tataiah Badi (MCHS) to Ramalayam at Vengala Rao Nagar in Division No.33 of Nellore Municipal Corporation, Nellore under Gadapa Gadapaku Mana NO.282/GGMP/EE-III/2023-2024, Prabhutvam, vide Agreement 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: APHC010401612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20651/2025 Between: 1.S LEELA MOHAN REDDY, S/O.VENKATA SUBBA REDDY, AGE 38 YEARS, OCC CONTRACTOR, R/0. D.NO.26/3/2132, 12ND LINE, MVS KALYANA MANDAPAM, CHANDRA MOULI NAGAR, NELLORE CITY, SPSR NELLORE DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEVELOPMENT DEPARTMENT, VELAGAPUDI, GUNTUR DISTRICT. MUNICIPAL ADMINISTRATION AND URBAN SECRETARIAT BUILDINGS, 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. 17,98,133/- (Gross Rs. 19,65,953/-), even after finalizing the bills payable to the Petitioner in relation to the work i.e., Upgradation of CC Road from Tataiah Badi (MCHS) to Ramalayam at Vengala Rao Nagar in Division No.33 of Nellore Municipal Corporation, Nellore under Gadapa Gadapaku Agreement No.282/GGMP/EE-lll/2023-2024, arbitrary apart from violates of Articles 14, 16, 19 Constitution of India and consequently direct the respondents to consider for payment for a net amount of Rs. 17,98,133/- (Gross Rs. 19,65,953/-), with interest @24 percent per annum for the delayed amount to the Petitioner in respect of execution of above-mentioned work., forthwith and 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. 17,98,133/- (Gross; Rs. 19,65,953/-), with regard to the completion of work i.e., “Upgradation of CC Road from Tataiah Badi (MCHS) to Ramalayam at Vengala Rao Nagar in Division No.33 of Nellore Municipal Corporation, Nellore under Gadapa Gadapaku Mana NO.282/GGMP/EE-III/2023-2024, 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 MUNCIPALADMN AND URBAN DEVAP 2.GP FOR FINANCE PLANNING The Court made the following; Mana Prabhutvam, vide Dt.04.10.2023 is illegal and and 300-A of The an pass Prabhutvam, vide Agreement Dt.04.10.2023” with interest @24% per 3 Qrder:- Learned counsel for the petitioner submits that the petitioner has executed respondents vide Agreement No.282/GGMP/EE- work, as entrusted by the 111/2023-2024, dated 04.10.2023, and submitted final bills. It is submitted that the of work and certified the net amount of Rs. 17,98,133/- competent authority has also recorded the progress work in the M-Book. It is submitted that, in all, an (Gross Rs. 19,65,953)/- is due and payable by the respondents to the petitioner, the M-Book, no amounts have been Though the work progress was recorded in forth coming. counsel for the petitioner, the learned Assistant Heard the learned Government Pleader for Municipal Administration and Urban Development; the Pleader for Finance & Planning, and the learned 2. learned Assistant Government Standing Counsel for the respondent-corporation the respondent Nos.3 to 6 are hereby Considering the submissions and release the payments due payable to the petitioner as 3. directed to verify possible preferably within a period of six (06) weeks from the date of receipt of a copy of this order. 4. Accordingly, the Writ Petition is disposed of. No costs. 5. Pending miscellaneous petitions, if any, shall stand closed. expeditiously as Sd/- N. HAemMA ASSISTANT REGISTRAR //TRUE COPY// ^ SECTION OFFICER To, Municipal Administration and Urban Secretariat Buildings, 1. The Principal Secretary, Development Department, State of AP Velagapudi, Guntur District. 2. The District Collector, SPSR Nellore District, Nellore. 3. The Commissioner, Nellore Municipal Corporation, Nellore, Nellore District. m 4. The Executive Engineer, Nellore 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, Fligh Court of Andhra Pradesh [OUT] 10. Two CCs to GP for Municipal Admin and Urban Development, High Court of Andhra Pradesh [OUT] Two CD Copies 11. GSC HIGH COURT DATED:06/08/2025 ORDER WP NO. 20651 OF 2025 S( 2IAtC2K « • DISPOSING THE WP WITHOUT COSTS