Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 29413 (AP)

CHERUURU KAMAKSHAIAH v. THE STATE OF AP

WP/21955/2025 · 2025-08-20

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010420432025 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: 21955 OF 2025 Between: Sri Cheruuru Kamakshaiah, S/o.Venkataiah. Aged 50 years, 25-3-1113, 14th street, opp cancer, hospital lake view colony, Nellore SPSR Nellore District ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Municipal, Administration Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Executive Engineer, Public Health nellore, SPSR Nellore District. 3. The Atmakur municipality, rep by Commissioner, SPSR Nellore District. 4. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance Planning Secretariat Buildings, Velagapudi, Amaravathi, Guntur District Urban Development, ...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 amounts of Rs. 2,22,448/- (Two Lakhs, Twenty Two Thousand, Four Hundred And Forty Eight Rupees only) even ' ‘i after finalizing the bills payable to the petitioner in relation to the works I.Atmakur Municipality - Providing CC Roads from thummalapenta venkateswarlu house (H.No.138) to madala narayana barney at perareddypalli in ward no.22 -ID No.MAUD-11551-23252, Agreement.no.82/2023-24, date; 23.12.2023”, as bad, illegal, arbitrary, improper, unjust and against the 21 of Constitution of India and consequently direct the respondents to pay the amounts of Rs. 2,22,448/- (Two Lakhs, Twenty Two Thousand, Four Hundred And Forty Eight Rupees only) with interest @ 24% per annum for the delayed amount till date of realization for the works executed by the petitioner. 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 forthwith releasing the amounts Rs. 2,22,448/- ( Two Lakhs, Twenty Two Thousand, Four Hundred And Forty Eight Rupees payable to the petitioner herein, pending disposal of the writ petition. Counsel for the Petitioner: SRI DEVASRI ROSHAN KANCHARLA Counsel for the Respondent Nos. 1 & 2: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No.3: SRI G LAKSHMI NARAYANA (SC MUNICIPALITIES) Counsel for the Respondent No.4: GP FOR FINANCE & PLANNING The Court made the following order: i.e. Article only) AND FOR V APHC010420432025 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: 21955/2025 Between: ...PETITIONER Cheruuru Kamakshaiah AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner; 1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEVAP 2.GP FOR FINANCE PLANNING The Court made the following: 2 W.P. No.21955 OF 2025 Date of order;21.08.2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.21955 OF 2025 ORDER 1. The learned counsel for the petitioner submits that the petitioner has executed works as entrusted by the respondents under the agreement No.82/2023-24, dt.23.12.2023 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 amount of Rs.2,22,448/- is due and payable by the respondents to the petitioner. It is submitted that the work progress was recorded in the M-Book. However, amounts have been forth coming. 2. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration & Urban Development, appearing for respondent No.1, the learned Government Pleader for Finance appearing for respondents 2 and 4 and the learned standing counsel appearing for respondent No.3. no 3. Considering the submissions, respondents 2 to 4 are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of four (04) weeks from the date of receipt of a copy of this order. 3 W.P. No,21955 OF 2025 Date of order:21.08.2025 4. Accordingly, the writ petition is disposed of. No costs. 5. Miscellaneous petitions, if any, pending in this writ petition shall Sd/- m. SRINIVAS ASSISTANT REGiSTRAR stand closed. //TRUE COPY// 3-^ SECTION OFFICER To, 1. The Principal Secretary, Department of Municipal Administration Development, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Executive Engineer, Public Health nellore, SPSR Nellore District. 3. The Commissioner, Atmakur municipality, SPSR Nellore District. 4. The Principal Secretary, Department of Finance Planning Secretariat Buildings, Velagapudi, Amaravathi, Guntur District 5. One CC to Sri Devasri Roshan Kancharla Advocate [OPUC] 6. One CC to G Lakshmi Narayana (SC for Municipalities) Advocate [OPUC] 7. Two CCs to GP for Muncipal Admn and Urban Dev, High Court of Andhra PVadesh [OUT] 8. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 9. Two CD Copies Urban TF HIGH COURT DATED;21/08/2025 ORDER WP NO. 21955 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS