Extracted from the PDF above. The PDF is authoritative.
APHC010437502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■JF WEDNESDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23181 OF 2025 Between: K. Chinnadorai, S/o. K. Chokkaiah, Aged 51 years. Contractor, Door No. 3- 63, EU, HW Kakavedu Post, Nagari Mandal, Chittoor District. ...Petitioner AND
1. The State of Andhra Pradesh, Rep by its Principal Secretary, Municipal Administration Department, Secretariat Buildings, Velagapudi, Guntur District, Amaravati. 2. The State of Andhra Pradesh, Rep by its Principal Secretary, Finance and Planning Department, Secretariat Buildings, Velagapudi, Guntur District, Amaravati. 3. The Commissioner, Nagari Municipality, Nagari Chittoor District. 4. The Assistant Engineer, Nagari Municipality, Nagari, Chittoor 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, order or direction more particularly one in the nature of writ of Mandamus, declaring the action of the respondents in non releasing the final bill amount of Rs. 4,49;87-lTt7^ per M Book 50/2023-24 to petitioner in pursuance of the agreement entered into with 3'"'^ respondent vide Agreement No. NMC /EI/Agmt.No. 171/2023-24, Dated 14.11.2023 for the
work of Laying of CC Road from D No. 10- 8-279/9 to D No. 10-8-284 and from Jayabhooshan Stores to D No. 10- 8-310 at Anam Lalitha Layout in Nagari Municipality in Ward No. 27th in spite of lapse of 15 months is illegal, arbitrary and violative of principles of natural justice and unconstitutional and consequently to direct the respondents to release the final bill amount of Rs. 4,49,871/-, as per M Book 50/2023-24 vide Agreement No. NMC /EI/Agmt.No. 171/2023-24, Dated 14.11.2023 for the work of Laying of CC Road from D No. 10-8-279/9 to D No. 10-8-284 and from Jayabhooshan Stores to D No. 10-8-310 at Anam Lalitha Layout in Nagari Municipality in Ward No. 27 with interest. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to release the final bill amount of Rs.
4,49,871/-, as per M Book 50/2023-24 vide Agreement No. NMC /EI/Agmt.No. 171/2023-24, Dated 14.11.2023 for the work of “ Laying of CC Road from D No. 10-8-279/9 to D No. 10-8-284-and from Jayabhooshan Stores to D No. 10-8-310 at Anam Lalitha Layout in Nagari Municipality in Ward No. 27” with interest pending disposal of the above WP. Counsel for the Petitioner: SRI T. JANARDHAN RAO Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent No.2 : GP FOR FINANCE AND PLANNING Counsel for the Respondent Nos.3 & 4 : SRI G. LAKSHMI NARAYANA, SC FOR MUNICIPALITY The Court made the following order:
r APHC010437502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23181/2025 Between: 1.K CHINNADORAI, S/0. K CHOKKAIAH CONTRACTOR AGED 51 YEARS, DOOR NO. 3-63, EU, HW KAKAVEDU POST NAGARI MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS SECRETARY, MUNICIPAL ADMINISTRATION SECRETARIAT BUILDINGS AMARAVATI. PRINCIPAL DEPARTMENT, VELAGAPUDI, GUNTUR DISTRICT, 2.THE STATE OF ANDHRA PRADESH, REP BY ITS SECRETARY PRINCIPAL DEPARTMENT, VELAGAPUDI, GUNTUR DISTRICT FINANCE AND PLANNING SECRETARIAT BUILDINGS AMARAVATI. 3.THE COMMISSIONER, CHITTOOR DISTRICT. 4.THE ASSISTANT ENGINEER, , NAGARI MUNICIPALITY, NAGARI CHITTOOR DISTRICT. NAGARI MUNICIPALITY, NAGARI ...RESPONDENT(S): 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 non releasing
2 the final bill amount of Rs. 4,49,871/-, as per M Book 50/2023-24 to petitioner pursuance of the agreement entered into with 3rd respondent vide Agreement No. NMC /EI/Agmt.No. 171/2023-24, work of Laying of CC Road from D No. 10- from Jayabhooshan Stores to D No. 10- in Dated 14.11.2023 for the 8-279/9 to D No. 10-8-284 and 8-310 at Anam Lalitha Layout in Nagari Municipality in Ward No. 27th in spite of lapse of 15 months is illegal, arbitrary and violative of principles of natural justice and unconstitutional and consequently to direct the respondents to release the final bill amount of Rs 4,49,871/-, as per M Book 50/2023-24 vide Agreement No /EI/Agmt.No. 171/2023-24, Dated 14.11.2023 for the work Road from D No. 10-8-279/9 to D No. 10-8-284 Stores to D No. 10-8-310 at Anam Lalitha Layout i Ward No. 27 with interest and to NMC of Laying of CC and from Jayabhooshan in Nagari Municipality in pass 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 pleased to direct the respondents to release the final bill 4,49,871/-, amount of Rs. Rs. per M Book 50/2023-24 vide Agreement No. NMC /EI/Agmt.No. 171/2023-24, Dated 14.11.2023 for the work of “ Laying of CC Road from D No. 10-8-279/9 to D No. 10-8-284 and from Jayabhooshan Stores to D No. 10-8-310 at Anam Lalitha Layout in Nagari Municipality i Ward No. 27” with interest pending disposal of the above WP and as in to pass Counsel for the Petitioner:
1.T JANARDHAN RAO Counsel for the Respondent(S):
1 .GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING The Court made the following:
3
Order:-
Learned counsel for the petitioner submits that the petitioner has executed the work of laying CC Road from D.No.10-8-279/9 to D.No.10-8-284 and from Jayabhooshan Stores to D.No.10-8-310 at Anam Lalitha Layout, Nagari Municipality, Ward No.27, entrusted by the respondents, and has submitted the final bills. It is submitted that the competent authority has recorded the progress of the work and certified the same in the M-Book. It is further submitted that a total amount of Rs.4,49,871/- is due and payable by the respondents to the petitioner. Though the progress of the work has been recorded in the M-Book payment has been forthcoming. Heard the
learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development; the learned Assistant Government Pleader for Finance & Planning, and the learned Standing Counsel for the respondent Municipality. Considering the submissions, the respondents 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. , no
2.
3.
4. Accordingly, the Writ Petition is disposed off. No costs. Pending miscellaneous petitions, if any, shall stand clp^ed.
5.
//TRUE COPY// I ^ SECTION OFFICER To,
1. The Principal Secretary, Municipal Administration Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District, Amaravati.
2. The Principal Secretary, Finance and Planning Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District, Amaravati.
3. The Commissioner, Nagari Municipality, Nagari Chittoor District.
4. The Assistant Engineer, Nagari Municipality, Nagari, Chittoor District.
5. One CC to Sri T. Janardhan Rao, Advocate [OPUC]
6. Two CCs to GP for Municipal Admn and Urban Development, High Court of A.P. [OUT]
7. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT]
8. One CC to Sri G. Lakshmi Narayana, SC for Municipality (OPUC)
9. Two CD Copies Cnr
"n1 HIGH COURT DATED:03/09/2025
ORDER WP NO. 23181 OF 2025 ^ 12 SEP 2025 )!’ ^^5SQjrrentS«ctioBx%^' o-> • DISPOSING OF THE W.P.
WITHOUT COSTS