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2025 DAILYLAW 29915 (AP)

Y SARATH CHANDA KIRAN v. THE STATE OF ANDHRA PRADESH

WP/22370/2025 · 2025-08-21

Harinath N

body2025

Judgment text

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-APHC010428842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22370 OF 2025 c Between; Sri Y Sarath Chanda Kiran, S/o. Y. Thiripalaiah, Age 49 years, Occ; Contractor, R/o. D.No.25-2-78, 2nd Street, Lakeview Colony, Near Little Buds School, Podalakuru Road, Nellore City, Nellore District. High ...Petitioner AND of Andhra Pradesh, Represented by its Principal Secretary, Urban Development Department, 1. The State Municipal Administration and Secretariat Buildings, Velagapudi, Guntur District. 2. Thd District Collector, SPSR Nellore District, Nellore. Municipal Corporation, Rep. by its Commissioner, Nellore 3. The Nellore Nellore District. 4. The Executive Engineer, Nellore Municipal Corporation, Nellore, SPSR Nellore District. 5. The State Finance Department of Andhra Pradesh, Represented by its Principal Secretary, Secretariat Buildings, Velagapudi, Guntur District. 6. Pay and Accounts Officer, Nellore, SPSR Nellore District. ...Respondents of the Constitution of India praying that in the affidavit filed therewith, the High Court may be order particularly one in the nature of Petition under Article 226 circumstances stated in the pleased to issue a writ or direction or MANDAMUS declaring the action of the Respondents herein, in WRIT OF \ Rs.7,68,784/- even after finalizing withholding the paymenUor an .amount of in relation to the work i.e.. Laying of CC Road D.No.25-2-598 at 13th Street at the bill payable to the petitioner in from Lahiya Water Plan at D.No.25-3-604 to Lakeview Colony in Division No.35 of Nellore Municipal Corporation, Nellore Gadapa Gadapaku Mana Prabhutvam, vide Agreement NO.258/GGMP/EE-1II/2023-2024, Dt.03.10.2023 is iiiegal and arbitrary apart 300-A of The Constitution of India and under from violates of Articles 14, 16, 19 consider for payment for a net annum for the delayed consequently direct the Respondents to Rs.7 68,784/- with an interest @24% per amount of amount to the Petitioner in respect of execution of above-mentioned work.. forthwith. lA NO: 1 OF 202.5 Petition under Section 151 CPC praying that in the circumstances stated of the petition, the High Court may be pleased to I amount of Rs.7,68,784/- of CC Road from Lahiya Water in the affidavit filed in support DIRECT the Respondents to release payment for an with regard to the completion of work Laying Plan at D.No.25-3-604 to D.No.25-2-598 at 13"’ Street at Lakeview Colony in No.35 of Nellore Municipal Corporation, Nellore under Gadapa Agreement No.258/GGMP/EE-lll/2023- for the delayed amount Division, Gadapaku Mana Prabhutvam, vide Dt.03.10.2023” with interest @24% per annum 2024, to the Petitioner, pending disposal of the Writ Petition. counsel for the Petitioner: SRI MALIREDDY GOWTHANl counsel for the Respondent Nos. 1 & 2: GJ^^FOR MUNCIPAL ADMIN AND NO.. counsel for the Respondent Nos. 5 & 6: GP FOR FINANCE & PLANNING The Court made the following order: . ARHC010428842025 - IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22370/2025 f [3457] Between: ...PETITIONER Y Sarath Chanda Kiran AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.MALIREDDY GOWTHAM Counsel for the Respondent(S): 1 .GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: J 2 Vy.P. Np.22370 OF.2025 Date of order:22.08.2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION Nn.22370 OF 2()9fi ORDER 1. The learned counsel for the petitioner submits that the petitioner has executed works as entrusted by the respondents vide No.258/GGMP/EE-III/2023-24, dt.03.10.2023 Rs.7,68,784/- and submitted final bills, competent authority has also recorded the agreement for an amount of It is submitted that the progress of work and certified the work in the M-Book. However forth coming. 2. Heard the submissions of the learned no amounts have been counsel for the petitioner, the learned Government Pleader for Municipal Administration Deveiopment, appearing for respondents Assistant Government Pleader for & Urban 1 & 2; the learned Finance, appearing for standing counsel for the Municipal Corporation, appearing for respondent Nos.3 and 4. respondent No.5 & 6 and the learned 3. The learned counsel appearing for the respondent submits that the bills are admitted and would be released shortly. 4. Considering the submissions, respondents 3 to 6 are hereby directed to verify and release the payments due payable to the expeditiously as possible preferably within a period of four (04) weeks from the date of receipt of a copy of this order. petitioner as - - 3 W.P. No.22370 OF 2025 Date of order:22.08.2025 '5. Accordingly, the writ petition is disposed of. No costs. 6. Pending miscellaneous petitions, if any, shall stand closed. Sd/- M PRABHAKAR RAO ASSISTANT R^ISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Principal Secretary, Municipal Administration 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, Finance Department, Secretariat Buildings, Velagapuc^, Guntur District. . 6. Jhe 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 TF (gsg) and Urban HIGH COURT DATED:22/08/2025 ORDER WP NO. 22370 OF 2025 5 1 8 SFf 20?5 m) DISPOSING OF THE W.P., WITHOUT COSTS