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■*"APHC010420342025 IN THE HIGH COURT OF ANDHRA PRADESPT AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE v/ PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21708 OF 2025 Between: Sri. J.Suresh, S/o. J. Koteswara Rao , Aged- 46 years, D.No.24-2-812,Kranthi Nagar, Dargamitta, Nellore, SPSR Nellore District. ^ ...PETITIONER ^ AND
1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Municipal AdmiViistration and Urban Development, Secretariat Building, Velagapudi, Amaravathi, Guntur.*^
2. The Executive Engineer, Municipal Corpor^on, SPSR Nellore District. 3. The Nellore Municipal Corporation, Rep.by. Commissioner, Nellore District. 4. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. SPSR ...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 Crder or direction more particularly one in the nature of Writ of Mandamus declaring the action of the ^Rdspondents in withholding the payments of pending amounts of Rs. 35,99,498/- (Thirty five
lakhs ninety nine Thousand four Hundred And ninety eight Rupees oniy)‘even after finaiizing the biils payabie to th^petitioner in reiation to the works i.e. “i. Laying of cc roads from D.No.M/gTih To D.No.MIG-ra IN Kallurupaiii housing board in division no.^ of NMC Under gadapa gadapaku mana prabhutvam Agreement no.567/EEI(GGMP/2023-24 ), I Maying of cc roads from D.No.24-6-34 to D. Dt25-1-2024(19,75,104/-^ no.24-6-25 at saraswathi nagar 3J,Agreement no.32JW2023-24,date18J,2024(16.2^394/-).,” as bad .iiiegal, arbitrary, improper, unjust and against the Article ^ 21 of constitution of india pay the amounts of Rs. 35,99,498/- (Thirty five iakhs ninety nine Thousand four Hundred And ninety eight Rupees only) with interest @ 24% date of realization for the works executed by the petitioner. and consequently direct the respondents to annum for the delayed amount till lA NO: 1 OF 2n7f> Petition under Section 151 CPC in the affidavit filed i direct the 27,30,^9/ praying that in the circumstances stated in support of the petition, the High Court may be pleased to respondents to forthwith consider releasing the - (Twenty Lakhs, Thirty Thousand SixSeven Nine Rupees only) payable to the petitioner herein amounts Rs. Hundred And ninety pending disposal of the writ petition.
Counsel for the Petitioner: SRI DEVASRI Counsel for the Respondent No.1: GP FOR MUNICIPAL ROSHAN KANCHARLA ^ ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3: SRI A.S.C.BOSE, SC FOR MUNICIPAL CORPORATIONS Counsel for the Respondent No.4;GP FOR FINANCE AND PLANNING The Court made the following order:
APHC010420342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] f b1? TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21708/2025 Between:
1.SRI. J.SURESH,, S/0. J. KOTESWARA RAO , AGED- 46 YEARS D.N0.24-2-812,KRANTHI NAGAR. SPSR NELLORE DISTRICT. DARGAMITTA, NELLORE, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL, ADMINISTRATION SECRETARIAT BUILDING, AND URBAN DEVELOPMENT, VELAGAPUDI, AMARAVATHI, GUNTUR. 2.THE EXECUTIVE ENGINEER, MUNICIPAL CORPORATION SPSR NELLORE DISTRICT. 3.THE NELLORE MUNICIPAL COMMISSIONER, SPSR NELLORE DISTRICT. CORPORATION, REP.BY. 4.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT OF FINANCE AND PLANNING VELAGAPUDI SECRETARY, SECRETARIAT BUILDINGS GUNTURDISTRICT. AMARAVATHI ...RESPONDENT(S): 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 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 of pending amounts of Rs. more
2 W.P. No.21708 OF 2025 Date of order:19.08.2025 35,99,498/- (Thirty five lakhs ninety nine Thousand four Hundred And ninety eight Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e./.
Laying of cc roads from D.NoM/G- 111 To D.No.MIG-123 IN Kallurupalli housing board in division no.24 of NMC Under gadapa gadapaku 0 prabhutvam Agreement no.567j(GGMP/2023-24 ,Dt25-1-2024(19,75,104/- ) ,II.Laying of cc roads from D.No.24-6-34 to D.no.24-6-25 at saraswathi nagar 37, Agreement no.321/A/2023-24,date18.1.2024(16,24,394/-).,as ba(T .illegal, arbitrary, improper, unjust and against the Article 21 of constitution of india and consequently direct the respondents to pay the amounts of Rs. 35,99,498/- (Thirty five lakhs ninety nine Thousand four Hundred And ninety eight Rupees only) with interest @ 24percentper annum for the delayed amount till date of realization for the works executed by the petitioner and mana pass lA NO: 1 OF 2n2fi 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 forthwith consider releasing the amounts Rs. 27.30,699/- (Twenty Lakhs, Thirty Thousand SixSeven Hundred And ninety Nine Rupees only) payable to the petitioner herein, pending disposal of the writ petition and pass Counsel for the Petitioner:
1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S):
1.GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING The Court made the following:
3 V W.p. NO.21708OF2025 Date of order:l9.08.2025 the HON’BLE SRI JUSTICE ^fmiTPETITION Nn harinath.n OF 2Q2fi
ORDER The learned counsel for the petitioner submits that the petitioner has executed works as entrusted by the -24, dt.18.01.2024 respondents vide Agreement Agreement bills. No.567/EE1/GGMP/2023 clt.25.01.2024 and N0.321/A/2023-24, submitted that the of work and certified and submitted final competent authority has also It is recorded the progress 's submitted that, in all, respondents to in the M-Book, the work in the M-Book. It i - is due and payable by the i progress was recorded i an amount of Rs.35,99,498/- I the petitioner. Though the work no amounts have been forth
2. Heard the learned Assistant coming.
submissions of the learned Government Pleader for respondent N0.I, counsel for the petitioner, for Municipal Administration the learned Standing Counsel Government Pleader the & Urban Development, for respondents 2 for Finance &
3. Considering the submissions. and 3 and the learned Assistant Planning, for respondent No.4. respondents 2 to 4 payments due are hereby directed to payable to the petitioner verify and release the as expeditiously as possible from the date of
4. Accordingly, the
5. Pending miscellaneous preferably within receipt of a copy of this a period of eight (8) weeks
order. writ petition is disposed petitions, if any, shall of. No costs. stand closed.
Sd/- M PRABHAKAR RAO ASSISTANT —^ SECTidN OFFICER //TRUE COPY// STRAR To,
1. The Principal Secretary, Department of Municipal , Urban Development State of Anribra Prariesh Velagapudi, Amaravathi, Guntur. and Secretariat Building,
2. The Executive Engineer, Municipal Corporation , SPSR Neltore District/
3. The Commissioner, Nellore Municipal Corporation District.
4. The Principal Secretary, Department of Finance ar^ Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District.
5. One CC to Sri Devasri Roshan Kancharla, Advocate [OPUC]
6. One CC to Sri A.S.C. Bose, SC for Milmcipal Corporations[OPUC]
7. Two CCs to GP for Municipal Adm'ifnstration and Urban Development High Court of Andhra Pradesh. [OUTJ/^
8. Two CCs to GP for Finance and .Planning, High Court of Andhra Pradesh [OUT]
9. Two CD Copies. SPSR Nellore Amaravathi ssb L
HIGH COURT DATED:19/08/2025
ORDER WP No.21708 OF 2025 0 6 SEP 2025 j i^QurrentSectiooxv^ €: ) .o» DISPOSING OF THE W.P. WITHOUT COSTS