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2025 DAILYLAW 28733 (AP)

KOMMINENI SANDEEP NAIDU v. THE STATE OF ANDHRA PRADESH

WP/21222/2025 · 2025-08-12

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

t APHC010409502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ^5% .'.s; -0 iO ivt \o WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSANDAND TWENTY FIVE V/// PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21222 OF 2025 Between: Sri Kommineni Sandeep Naidu, S/o. K Ravi Prakash Naidu, R/o. 25/688-D, T T D Road, Near TTD kalayana Mandapam, Srinivasa Nagar, Nandyal, Nandyal District, AP -518501. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary Department of Municipal Administration and Urban Development Secretariat Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep.by its Principal Secretary, Department of Finance and Planning, Amaravathi, Guntur District. 3. The Nandyal Municipality, Represented by its Commissioner, Nandyal, Nandyal District. 4. The Municipal Engineer, Nandyal Municipality, Nandyal, Nandyal District. 5. The Deputy Executive Engineer, Nandyal Municipality, Nandyal, Nandyal District. Secretariat, Velagapudi, ...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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amount of Rs.4,55,301/-, Rs.3,57,718/-, Rs.1,29,166 /- and Rs.3,95,692/- totalling an amount Rs. 13,37,877/- (Thirteen Lakhs Thirty Seven Thousand Eight Hundred and Seventy Seven Rupees only) for the year 2023-2024, even after finalizing the bills, payable to the petitioner in relation to the works 1) Providing RCC culverts from D.No.28/383-1, D.No.28/480, Infront of Tagore School, in front of burial ground gate No.ll in Ward No.23 under GGMP 2). Providing CC Road from D.No.28/852-El to 28/852-F2 at Noonepalli area in Ward No.23 under GGMP 3). Providing CC Road and Drain from D.No.28/386 to D.No.28/351 at Noonepalli area in Ward No.23 4). Providing CC Road and Drains from E.P.No.MB-IV/4-8 to 28/507-G7-A in Ward No.23 under GGMP as bad, illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and consequently direct the Respondents to pay the amounts of Rs. 13,37,877/- (Thirteen Lakhs Thirty Seven Thousand Eight Seventy Seven Rupees only) forthwith release the payments of above bill amount along with 12% interest. Hundred 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 to direct the respondents to release and pay the amounts of Rs. 13,37,877/- (Thirteen Lakhs Thirty Seven Thousand Eight Hundred and Seventy Seven Rupees only) release the payments of the bill amount along with 12% interest, pending disposal of the writ petition. Counsel for the Petitioner: SRI THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No.2; GP FOR FINANCE & PLANNING Counsel for the Respondent Nos. 3 to 5: SRI G LAKSHMI NARAYANA (SC FOR MUNICIPALITIES) The Court made the following order; APHC010409502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21222/2025 Between: 1.KOMMINEN1 SANDEEP NAIDU, S/0. K RAVI PRAKASH NAIDU, R/0. NEAR TTD KALAYANA MANDAPAM, 25/688-D, TTD ROAD SRINIVASA NAGAR, NANDYAL, NANDYAL DISTRICT, AP -518501. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT SECRETARIAT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL DEPARTMENT OF FINANCE AND PLANNING, SECRETARY, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3.THE NANDYAL MUNICIPALITY, REPRESENTED BY ITS COMMISSIONER, NANDYAL, NANDYAL DISTRICT. 4.THE MUNICIPAL ENGINEER, NANDYAL MUNICIPALITY, NANDYAL, NANDYAL DISTRICT. 5.THE DEPUTY EXECUTIVE ENGINEER, NANDYAL MUNICIPALITY, NANDYAL, NANDYAL 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 to pleased to issue an appropriate Writ Order or direction particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments Rs.4,55,301/-, Rs.3,57,718 /-, Rs.1,29,166 /- and amount Rs. 13,37,877/- (Thirteen Lakhs Thirty Hundred and Seventy Seven Rupees only) for the year 2023-2024, even after finalizing the bills, payable to the petitioner in relation to the works 1) Providing RCC culverts from D.No.28/383-1, D.No.28/480, Infront of Tagore School, in front of burial ground gate No.II in Ward No.23 under GGMP 2). Providing CC Road from D.No.28/852-Ei to 28/852-F2 at Noonepalli area in Ward No.23 under GGMP 3). Providing CC Road and D.No.28/386 to D.No.28/351 at Noonepalli area in Ward No.23 4) Providing CC Road and Drains from E.P.No.MB-IV/4-8 to 28/507-G7-A in Ward No.23 under GGMP as bad, illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and consequently direct the Respondents to pay the amounts of Rs. 13,37,877/- (Thirteen Lakhs Thirty Seven Thousand Eight Hundred And Seventy Seven Rupees only) forthwith release the payments of above bill amount along with 12 percent interest and pass lA NO: 1 OF 2025 more of pending amount of Rs.3,95,692/- totalling an Seven Thousand Eight Drain from 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 and pay the amounts of Rs. 13,37,877/- (Thirteen Lakhs Thirty Seven Thousand Eight Hundred and Seventy Seven Rupees only) release the payments of the bill amount along with 12% interest, pending disposal of the writ petition and pass Counsel for the Petitioner: 1.THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent(S): 1.GP MUNCIPALADMN AND URBAN DEVAP 2.GP FOR FINANCE PLANNING The Court made the following: 3 ORDER:- Learned counsel for the petitioner submits that the petitioner has executed works entrusted by the respondent-corporation vide Agreement Nos.239/2023- 2024, dated 27.10.2023, 240/2023-2024, dated 27.10.2023, 241/2023-2024, dated 27.10.2023 & 242/2023-2024, dated 27.10.2023 respectively and submitted the final bills. It is submitted that the competent authority has recorded the progress of the works and certified the same in the M-Book. It is further submitted that, in all, an amount of Rs.13,37,877/- is due and payable by the respondents to the petitioner. Though the progress of the works was recorded in the M-Book, no amount has been forthcoming. 2. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development,the learned Assistant GovernmentPleaderfor Finance & Planning, and the learned Standing Counsel for the respondent-corporation. 3. Considering the submissions, the respondent Nos.3 to 5 are hereby 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. 4. Accordingly, the Writ Petition is disposed of. No costs. 5. Pending miscellaneous petitions, if any, shall stand ed. Sd/- K TATA RAO DEPUTY REGISTRAR C^^FFICER //TRUE COPY// SECTI To, 1. The Principal Secretary Department of Municipal Administration and Urban Development Secretariat Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary, Department of Finance and Planning, Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The Commissioner, Nandyal Municipality, Nandyal, Nandyal District. 4. The Municipal Engineer, Nandyal Municipality, Nandyal, Nandyal District. 5. The Deputy Executive Engineer, Nandyal Municipality, Nandyal, Nandyal District. 6. One CC to Sri Thathireddy Ashok Srivastava, Advocate [OPUC] 7. One CC to Sri G Lakshmi Narayana (SC for Municipalities), Advocate [OPUC] 8. Two CCs to GP for Muncipal Admn and Urban Dev, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP for Finance Planning High Court of Andhra Pradesh [OUT] 10. Two CD Copies TF TF HIGH COURT DATED:13/08/2025 ^ 0 2 SEP 2025 ^ . Current becuon . ^ m eo. ORDER WP NO. 21222 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS