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2025 DAILYLAW 29892 (AP)

G VENKATA SURESH BABU v. THE STATE OF AP

WP/22324/2025 · 2025-08-27

Harinath N

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010428882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ! THURSDAY,THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22324 OF 2025 Between: G Venkata Suresh Babu, S/o. G.Narasimhulu, Age 60 years, Occ Contractor, R/o. D.No. 16-2-549, Gowtham Residency, Near Sri Netaji Pilot School, Srinivasa Agraharam, Nellore City, SPSR Nellore District. ...Petitioner AND 1. The State Of Andhra Pradesh, Represented by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buildings, Velagapudi, Guntur District. 2 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. ...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 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. 10,22,209/- even after finalizing the bill payable to the petitioner in relation to the work i.e.. Laying of CC Road from D.No.25-2-54 to end of the road at 12th Street and D.No.25-2-271 to 25- 2-273 at 6th Street of Lakeview Colony Division No.35 of Nellore Municipal Corporation, Nellore under Gadapa Gadapaku Mana Prabhutvam, vide Agreement No.265/GGMP/EE-lll/2023 - 2024, Dt.03.10.2023 is illegal and arbitrary apart from violates of Articles 14, 16, 19 300-A of The Constitution of India and consequently direct the Respondents to consider for payment for a net amount of Rs, 10,22,209/- with an interest @24percent 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 Rs. 10,22,209/-, with regard to the completion of work i.e., “Laying of CC Road from D.No.25-2-54 to end of the road at 12'^'^ Street and D.No.25-2- 271 to 25-2-273 at 6*^ Street of Lakeview Colony in Division No.35 of Nellore Municipal Corporation, Nellore under Gadapa Gadapaku Mana Prabhutvam vide NG.265/GGMP/EE-III/2023-2024, Dt.03.10.2023” with interest @24% per annum for the delayed amount to the Petitioner, pending disposal of the Writ Petition. payment for an amount of ^ Counsel for the Petitioner: SRI MALIREDDY GOWTHAM Counsel for the Respondent Nos.1 & 2: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondent Nos.5 & 6: GP FOR FINANCE PLANNING Counsel for the Respondent Nos.3 and 4: SRI A S C BOSE The Court made the following order: APHC010428882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] ! THURSDAY,THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22324/2025 Between: G Venkata Suresh Babu ...PETITIONER AND The State Of Ap and Others Counsel for the Petitioner: 1.MALIREDDY GOWTHAM Counsel for the Respondent(S): 1.GP MUNCIPALADMN AND URBAN DEVAP 2.GP FOR FINANCE PLANNING The Court made the following: ...RESPONDENT(S) -2- W.P. N0.22324 0F 2025 Date of order:28.08.2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.22324 OF 202^ ORDER 1. Heard the submissions of the learned counsel for the petitioner, the learned Assistant Government Pleader for Finance and the learned Standing Counsel for the respondent-corporation. 2. The learned counsel for the petitioner submits that the petitioner has completed the works under agreement No.265/GGMP/EE- III/2023-24, dt.03.10.2023, entrusted by the respondent- corporation, and has submitted the final bills. It is submitted that a total amount of Rs. 10,22,209/- is due and payable by the respondent-corporation to the petitioner on account of the completion of the aforesaid works. However, the said amount has not been paid. 3. The learned Standing Counsel for the respondent-Corporation submits that the bills, which are due and payable to the petitioner, are admitted and the amount would be paid shortly. 4. Considering the submissions, there shall be a direction to the respondents 3, 5 and 6 to verify and release the payments expeditiously as possible preferably within a period of six (06) weeks from the date of receipt of a copy of this order. as I -3- W.P. NO.22324OF2025 Date of order:28.08.2025 5. Accordingly, this Writ Petition is disposed of. No costs 6. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. Sd/-G.HELA NAIDU 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, District. 4. The Executive Engineer, Neilore Municipal Corporation, SPSR Nellore District. 5. The Principal Secretary, Finance Department, Secretariat Velagapudi, Guntur District. 6. Pay and Accounts Officer, Nellore, SPSR Nellore 7. One CC to Sri. Malireddy Gowtham, Advocate [OPUC] 8. Two CCs to GP for Muncipal Admn And Urban Andhra Pradesh[OPUC] 9. Two CCs to GP For Finance Planning, High Court of Andhra Pradesh [OUT] One CC to Sri A S C Bose, Advocate [OPUC]. Two CD Copies. Nellore, Nellore Nellore, Buildings District. Dev, High Court of 10. 11. AL fb HIGH COURT DATED:28/08/2025 ORDER WP NO. 22324 OF 2025 g 15 SEP 2025 s] ^ Current SMlion "ESPATCt;^^ DISPOSING OF THE W.P. WITHOUT COSTS