Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 31291 (AP)

Sri.Syed .Amrulla, v. The State of Andhra Pradesh,

WP/22979/2025 · 2025-08-29

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010452542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ym SATURDAY, THE THIRTIETH DAY OF AUGUs/^, TWO THOUSAND AND TWENTY FIVE u. ao it- PRESENT ^0 THE HONOURABUE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22979 OF 2025 Between: Sri Syed Amrulla, S/o.Syed Mohammad Ghouse, Aged 44 years, D.No.24-2- 1137, Ram nagar, Vemalasetty Bavi, Nellore. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Municipal, Administration and Urban Development Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Executive Engineer, Municipal Corporation Nellore District. 3. The Nellore Municipal Corporation, Rep.by. Commissioner SPSR Nellore District. 4. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning Velagapudi, Amaravathi, Guntur District. Secretariat Buildings ...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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 12,58,786/- (Twelve Lakhs, Fifty Eight Thousand Seven Hundred And Eighty Six Rupees only) ^ even after finalizing the bills payable to the petitioner in relation to the works i.e.l. Upgradation of cc roads from D.No.24-6-440 to D.No.24-6- 360 at Ram nagar main road in division no.37 of Nellore Municipal corporation 37/2 Agreement no. 139/2023-2024,Date24.08.2023 bad, illegal, arbitrary, improper, unjust and against the Article 21 of constitution of india and consequently direct the respondents to pay the amounts of Rs. 12,58,786/i (Twelve Lakhs, Fifty Eight Thousand Seven Hundred And Eighty Six Rupees only) with interest @ 24% per annum for the delayed amount till date of realization for the works executed by the petitioner. 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 forthwith consider releasing the amounts Rs. 12,58,786/- (Twelve Lakhs, Fifty Eight Thousand Seven Hundred And Eighty Six Rupees only) payable to the petitioner herein, pending disposal of the writ petition. Counsel for the Petitioner: SRI DEVASRI ROSHAN KANCHARLA Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3 : SRI A.S.C. BOSE, SC FOR MUNICIPALITY Counsel for the Respondent No.4 : GP FOR FINANCE AND PLANNING The Court made the following order: % APHC010452542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] SATURDAY,THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22979/2025 Between: ...PETITIONER Sri.syed .amrulla AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1.GPMUNCIPAL ADMN AND URBAN DEVAP 2.GP FOR FINANCE PLANNING The Court made the following: -2- W.P. No.22979 of_2025 Date of order: 30.08.2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.22979 OF 2025 ORDER 1. The learned counsel for the petitioner submits that the petitioner has executed works entrusted by the respondent-corporation and 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, in all, an amount of Rs.12,58,786/- is due and payable by the respondents to the petitioner. Though the progress of the work was recorded in the M-Book, no amount has been forthcoming. 2. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration and Urban Development; the learned Assistant Government Pleader for Finance & Planning, and the learned Standing Counsel for the respondent- corporation. 3. Considering the submissions, respondent Nos.3 and 4 are hereby directed to verify and release the payments due payable to the petitioner expeditiously as possible preferably within a period of six (06) weeks from the date of receipt of a copy of this order. 4. Accordingly, the Writ Petition is disposed of. No costs. as 5. Pending miscellaneous petitions, if any, shall stand closecj,, Sd/-B.PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Department of Municipal Urban Development, State of Andhra Pradesh, Velagapudi, Amaravathi, Guntur. , Administration and Secretariat Building, 2. The Executive Engineer, Municipal Corporation Nellore District 3. The Nellore Municipal Corporation, Rep.by. Commissioner Nellore District. 4. The Principal Secretary, Department of Finance and Planning, State Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 5. One CC to Sri Devasri Roshan Kancharla, Advocate [OPUC] 6. Two CCs to GP for Municipal Admn and Urban Development, High Court of AP Advocate [QPUC] 7. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 8. One CC to Sri A.S.C. Bose, SC for Municipality (QPUC) 9. Two CD Copies Cnr SPSR of Amaravathi, I HIGH COURT DATED:30/08/2025 ORDER WP NO. 22979 OF 2025 •% ■jy, os^ DISPOSING OF THE W.P. WITHOUT COSTS