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2025 DAILYLAW 29404 (AP)

MOPATI CHANDRA SEKHAR REDDY v. THE STATE OF ANDHRA PRADESH

WP/21918/2025 · 2025-08-20

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010421262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21918 OF 2025 Between: Mopati Chandra Sekhar Reddy, S/o Sundara Rami Reddy, Aged about 52 years, Occ Contractor, R/o 6-5-165, Pitchi Reddy Thopu, Naidupeta, Tirupati District- 52412 ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Irrigation Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance and Planning Department, Secretariat, Velagapudi, Amaravati, Guntur District 3. The District Collector, Tirupati District. 4. Naidupeta Municipality, Represented by its Municipal Commissioner, Naidupaeta Tirupati District. 5. The Deputy Executive Engineer, Public Health Sub-Division, Gudur, SPSR Nellore District. 6. The Assistant Engineer, Naidupeta Municipality, Tirupati District. 7. The Pay Accounts Officer, Works Accounts, Tirupati, Tirupati 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, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in withholding payment of bill amount Rs. 4,91,719/- for 2 works to the petitioner i.e., 1) Rs. 2,61,107/- for the Agreement No. 38/2023-24, dated 03.06.2023 and Agreement No. 385/2023-24, dated 07.07.2023 2) Rs. 2,30,612/- for the Agreement No. 36/2023-24, dated 03.06.2023 and Agreement no. 365/2023- 24, dated 20.07.2023 as illegal, arbitrary, discriminatory, contrary and violation of principle of natural justice and consequently direct the Respondents to pay the total bill amount of Rs. 4,91,719/- (along with interest 24% p.a.,) to the petitioner. ■Ik 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 stay direct the Respondents to pay the bill amount Rs. 4,91,719/- for 2 works to the petitioner i.e., 1) Rs. 2,61,107/- for the Agreement No. 38/2023-24, dated 03.06.2023 and Agreement No. 385/2023-24, dated 07.07.2023; 2) Rs. 2,30,612/- for the Agreement No. 36/2023-24, dated 03.06.2023 and Agreement no. 365/2023-24, dated 20.07.2023; (along with interest 24% p.a.,) forthwith to the petitioner, pending disposal of the above writ petition, in the interest of justice. Counsel for the Petitioner: SRI K. V. ADITYA CHOWDARY Counsel for the Respondent Nos.1,3 & 5:GP FOR IRRIGATION AND CAD Counsel for the Respondent Nos.2 & 7:GP FOR FINANCE & PLANNING Counsel for the Respondent Nos.4 & 6: SRI G. LAKSHMI NARAYANA, SC FOR MUNICIPALITIES The Court made the following order: APHC010421262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21918/2025 Between: Mopati Chandra Sekhar Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. K V ADITYA CHOWDARY Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR IRRI AND CAD 3.GP FOR FINANCE PLANNING The Court made the following: ...RESPONDENT(S) 2 W.P. No.21918 OF 2025 Date of order:21.08.2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.21918 OF 2025 ORDER 1. The learned counsel for the petitioner submits that the petitioner has executed works as entrusted by the respondents under different agreements viz., (1) agreement No.38/2023-24, dt.03.06.2023 and agreement No.385/2023-24, dt.07.07.2023 for Rs.2,61,107/-; (2) agreement No.36/2023-24, dt.03.06.2023 and agreement No.365/2023-24, dt.20.07.2023 for Rs.2,30,612/- 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 amount of Rs.4,91,719/- is due and payable by the respondents to the petitioner. It is submitted that the work progress was recorded in the M-Book and the bills were also uploaded in the CFMS Portal. However, no amounts have been forth coming. 2. Heard the submissions of the learned counsel for the petitioner, the learned Assistant Government Pleader for irrigation respondents 1, 3 and 5; the learned Government Pleader for for Finance appearing for respondents 2 and 7; and the learned standing counsel appearing for Municipal Corporation appearing for respondents 4 & 6. 3 W.P. No.21918 OF 2025 Date of order:21.08.2025 respondents 2 to 7 are hereby payments due payable to the petitioner as expeditiously as possible preferably within four (04) 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. 3. Considering the submissions directed to verify and release the a period of Sd/-SHAIK MOHD RAF! ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary Irrigation Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 2. The Principal Secretary, Finance and Planning Department State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District 3. The District Collector, Tirupati District. 4. The Municipal Comnnissioner, Naidupeta Municipality, Naidupaeta Tirupati District. 5. The Deputy Executive Engineer, Public Health SPSR Nellore District. Sub-Division, Gudur, 6. The Assistant Engineer, Naidupeta Municipality, Tirupati District. 7. The Pay Accounts Officer, Works Accounts Tirupati, Tirupati District. 8. One CC to Sri K. V. Aditya Chowdary, Advocate [OPUC] 9. One CC to Sri G. Lakshmi Narayana, SC for Municipalities[OPUC ] 10. Two CCs to GP for Irrigation and CAD High Court of Andhra Pradesh [OUT] 11. Two CCs to GP for Finance Pradesh [OUT] 12. Two CD Copies. and Planning, High Court of Andhra ssb .4 HIGH COURT DATED:21/08/2025 ORDER WP No. 21918 OF 2025 rf ' 5{ 1 I SEP 2025 )s;) V VsCuiTint Sectigiix*>^ DISPOSING OF THE W.P. WITHOUT COSTS