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2025 DAILYLAW 30172 (AP)

MOPATI CHANDRA SEKHAR REDDY v. THE STATE OF ANDHRA PRADESH

WP/22570/2025 · 2025-08-28

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

\ ^. APHC010434062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMB FRIDAY, THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22570 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- 524126 ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary Department of Municipal Administration and Urban Development, 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. Naidupeta Municipality, Rep by its Municipal Commissioner, Naidupeta Municipality, Tirupati District. 4. The Assistant Engineer, Naidupeta Municipality, Tirupati District. 5. The Deputy Executive Engineer (PH), Gudur, SPSR Nellore District. 6. The Pay and Accounts Officer, Works and Accounts, Tirupati, Tirupathi District. ...Respondents T 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. 19,23,178/- for 8 works to the petitioner i.e.,1) Rs. 2,23,247/- for the Agreement No. 30/2023-24, dated 12.04.2023, 2) Rs. 2,60,422/- for the Agreement No. 47/2023-24, dated 26.06.2023, 3) Rs. 1,08,064/- for the Agreement No. 45/2023-24, dated 26.06.2023, 4) Rs. 1,85,437/- for the Agreement No. 46/2023-24, dated 26.06.2023, 5) Rs. 4,78,582/- for the Agreement No. 60/2023-24, dated 05.10.2023, 6) Rs. 95,165/- for the Agreement No. 76/2023-24, dated 04.12.2023, 7) Rs. 3,14,662/- for the Agreement No. 75/2023-24, dated 04.12.2023 and 8) Rs. 2,57,599/- for the Agreement no. 62/2023-24, dated 04.12.2023 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. 19,23,178/- (along with interest 24% p.a.,) to the petitioner. ■M, ■ ■ 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 pay the bill amount Rs. 19,23,178/- for 8 works to the petitioner i.e., 1) Rs. 2,23,247/- for the Agreement No. 30/2023-24, dated 12.04.2023, 2) Rs. 2,60,422/- for the Agreement No. 47/2023-24, dated 26.06.2023, 3) Rs. 1,08,064/- for the Agreement No. 45/2023-24, dated 26.06.2023, 4) Rs. 1,85,437/- for the Agreement No. 46/2023-24, dated 26.06.2023, 5) Rs. 4,78,582/- for the Agreement No. 60/2023-24, dated 05.10.2023, 6) Rs. 95,165/- for the Agreement No. 76/2023-24, dated 04.12.2023, 7) Rs. 3,14,662/- for the Agreement No. 75/2023-24, dated 04.12.2023 and 8) Rs. 2,57,599/- for the Agreement no. 62/2023-24, dated 04.12.2023; (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 & 5: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent Nos. 3 & 4: SRI G LAKSHMI NARAYANA (SC FOR MUNICIPALITIES) Counsel for the Respondent Nos. 2 & 6: GP FOR FINANCE & PLANNING The Court made the following order: APHC010434062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22570/2025 Between: Mopati Chandra Sekhar Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1 .k V ADITYA CHOWDARY Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR FINANCE PLANNING The Court made the following: -2- W.P. No.22570 of 2025 Date of order: 29.08.2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.22570 OF 2025 ORDER 1. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration Development, the learned Assistant Government Pleader for Finance Planning, and the learned Standing Counsel for the corporation. 2. The learned counsel for the petitioner submits that the petitioner has executed the works entrusted by the respondent-corporation submitted the final bills. It is submitted that the competent authority has recorded the. progress of the work and certified the & Urban & and same in the M-Book. It is further submitted that, in all, an amount of Rs. 19,23,178/- is due and payable by the respondent corporation to the petitioner. Though the progress of the work was recorded in the M-Book and final bills were also approved for release of payment. However amounts were not released. 3.t Considering the submissions directed to verify and release the respondent Nos.2, 3 and 6 are hereby payments due payable to the petitioner as expeditiously as possible preferably within a period of six (06) weeks from the date of receipt of a copy of this order 4. Accordingly, jhe Writ Petition is disposed of. No costs I 5. Pending miscellaneous petitions, if any, shall stand closed. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// vr To, SECTION OFFICER I- The Principal Secretary Urban Development Department of Municipal Administration Secretariat Buildings, Velagapudi, Guntur District' and 2. The Principal Secretary, Finance and Planning Department Secretariat, Velagapudi, Amaravati, Guntur District 3. The Municipal Commissioner, Naidupeta Municipality, Naidupeta Municipality, Tirupati District. 4. The Assistant Engineer, Naidupeta Municipality, Tirupati District. 5. The Deputy Executive Engineer PH, Gudur, SPSR Nellore District. 6. The Pay and Accounts Officer, Works and Accounts, Tirupati, Tirupathi District. 7. One CC to Sri K V Aditya Chowdary, Advocate [OPUC] 8. One CC to Sri G Lakshmi Narayana (SC for Municipalities), Advocate [OPUC] 9. Two CCs to GP for Muncipal Admn 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 t HIGH COURT DATED;29/08/2025 ORDER WP NO. 22570 OF 2025 OV= AND//^ I 2 3 SEP 2025 ^ . Current Section . rri, DISPOSING OF THE W.P., WITHOUT COSTS