Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 29831 (AP)

G VENKATA SURESH BABU v. THE STATE OF AP

WP/22327/2025 · 2025-08-21

Harinath N

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

/ APHC010428862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 1 FRIDAY, THE TWENTY SECOND DAY OF AUGUST"^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22327 OF 202fi Between: Sri G Venkata Suresh Babu, S/o. G.Narasimhulu, Contractor, R/o. D.No. 16-2-549, Gowtham Residency, Near Sri Netaji Pilot School, Srinivasa Agraharam, Nellore City, SPSR Nellore District. Age 60 years, Occ; ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary Municipal Administration and Urban 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. Development Department ...Respondents praying that in the the High Court may be Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith. 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, in withholding the payment for an amount of Rs.5,96,352/- even after finalizing the bill payable to the petitioner in relation to the work i.e. Upgradation of CC Road from D.No.25-1-125 to D.No.25-1-146 in Lakshmi Naraimha Puram in Division No.35 of Nellore Municipal Corporation, Nellore under Gadapa Gadapaku Mana Prabhutvam, vide 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.5,96,352/- with an interest 24% per annum for the delayed amount to the Petitioner in respect of execution of above-mentioned work., forthwith. 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 payment for an amount of Rs.5,96,352/- with regard to the completion of work i.e., Upgradation of CC Road from D.No.25-1-125 to D.No.25-1-146 in Lakshmi Naraimha Puram in Division No.35 of Nellore Municipal Corporation, Nellore under Gadapa Gadapaku Mana Prabhutvam vide Agreement No.311/GGMP/EE-III/2023-2024, Dt.22.10.2023 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 & 2: GP FOR MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos. 3 & 4: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS Counsel for the Respondent Nos. 5 & 6: GP FOR FINANCE & PLANNING The Court made the following order: APHC010428862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22327/2025 Between: G Venkata Suresh Babu ...PETITIONER AND The State Of Ap and Others Counsel for the Petitioner: ...RESPONDENT(S) 1. MALIREDDY GOWTHAM 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.22327 OF 2025 Date of order:22.08.2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.22327 OF 2025 ORDER 1. The learned counsel for the petitioner submits that the petitioner has executed works as entrusted by the respondents vide agreement N0.311/GGMP /EE-lll/2023-2024, dt.22.10.2023, for an amount of Rs.5,96,352/- 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. However, no 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 respondents 1 and 2, the learned Assistant Government Pleader for Finance, appearing for respondent Nos.5 and 6; and the learned standing counsel for the Municipal Corporation, appearing for respondent Nos.3 and 4. 3. Considering the submissions, respondents 3, 5 and 6 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. 4. Accordingly, the writ petition is disposed of. No costs 5. Pending miscellaneous petitions, if any, shall stand cbsed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary Municipal Administration and Urban Development Department, Secretariat Buildings, Velagapudi, Guntur District. / / 2. The District Collector, SPSR Nellore District, Nellore. 3. The Commissioner, Nellore Municipal Corporation, Nellore, Nellore District. 4. The Executive Engineer, Nellore Municipal Corporation, Nellore, SPSR Nellore District. 5. The Principal Secretary, 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 Corporations) Advocate [OPUC] 9. Two CCs to GP for Muncipal Admn and Urban Dev, High Court of Andhra Pradesh [OUT] 10. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 11. Two CD Copies Finance Department, Secretariat Buildings, TF r ■' HIGH COURT DATED:22/08/2025 ORDER WP NO. 22327 OF 2025 g( 1 1 SEP 2025 O ■ oj *^sCwT^Sectiojv..'^^^ DISPOSING OF THE W.P., WITHOUT COSTS