Extracted from the PDF above. The PDF is authoritative.
/ i.' ■ ' APHC010460002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) BSfH THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23549 OF 2025 X Between: Cheppeli Issaku, S/o.Krishna, Aged about 43 years, Occ: Civil Contractor, R/O.D.N0.16A-3-23, Tangellamudi Eluru District Erstwhile West Godavari District. Near CSI C^rch, 50‘^ Division, Eluru, ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development (MAUD) Department, Secretariat Buildings, at Velagapudi, Amaravati, Andhra Pradesh. 2. The Yemmiganur Municipality, Rep. by its Commissioner, Yeminganur, Kurnool District. 3. The Executjve Engineer, Yeminagur Municipality, Yeminagur District. ^
4. The Director, Works and Accounts Department, Ibrahimpatnam, Vijayawada Krishna District, Kurnool .njaneya Towers, i9hra Pradesh. ...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 a Writ of Mandamus or any other appropriate Writ, Direction or Order questioning the action of the respondents in not paying pending admitted bills
for an amount of Rs.27,81,039/- plus Rs.84,642/- equals to Rs.28,65,681/- for the works Providing of Center Lighting arrangements from Goudappa Goud hospital to Gonegundia Circle in Yemmiganur Municipality and Supply of Air Compressor on hire basis for the purpose of CC and BT Road cutting at Road from Goudappa Goud Hospital to Gonegandia Circle in crossings Yemmiganur Municipality in favour of the petitioner even though completed in the year 2024-25 the entire work within stipulated time is illegal and arbitrary and violative of articles 14, 16 and 21 of constitution of India and consequently direct the respondents to clear the admitted bills pertaining to the above work.
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 pay the admitted bills for the tender works “Providing of Center Lighting arrangements from Goudappa Goud hospital to Gonegundia Circle in Yemmiganur Municipality” and “Supply of Air Compressor on hire basis for the purpose of CC & BT Road cutting at Road from Goudappa Goud Hospital to Gonegandia Circle in crossings Yemmiganur Municipality” for an amount of Rs.27,81,039/- + Rs.84,642/- = Rs.28,65,681/- in favor of the petitioner, pending disposal of Writ Petition. / Counsel for the Petitioner: SRI M. K. RAJ KUMAR Counsel for the Respondent No.l : GP FOR MUNICIPAL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3 : SRI G. LAKSHMI NARAYANA, SC FOR MUNICIPALITY Counsel for the Respondent No.4 :GP FOR FINANCE AND PLANNING The Court made the following order:
1 APHC010460002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23549/2025 Between:
1.CHEPPELI ISSAKU,, S/O.KRISHNA, AGED ABOUT 43 YEARS, OCC CIVIL CONTRACTOR, R/0.D.N0.16A-3-23, TANGELLAMUDI, NEAR CSI CHURCH, 50TH DIVISION, ELURU ERSTWHILE WEST GODAVARI DISTRICT. ELURU DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL URBAN SECRETARIAT MUNICIPAL ADMINISTRATION AND (MAUD) DEPARTMENT, SECRETARY, DEVELOPMENT BUILDINGS, AT VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. 2.THE YEMMIGANUR MUNICIPALITY, REP. BY ITS COMMISSIONER, YEMINGANUR,KURNOOLDISTRICT. 3.THE EXECUTIVE ENGINEER, YEMINAGUR MUNICIPALITY, YEMINAGUR, KURNOOL DISTRICT. 4. THE DIRECTOR, WORKS AND ACCOUNTS DEPARTMENT, ANJANEYA TOWERS, IBRAHIMPATNAM, VIJAYAWADA KRISHNA DISTRICT, ANDHRA PRADESH. ...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 topleased to issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus or any other appropriate Writ, Direction or
2
Order questioning the action of the respondents in not paying pending admitted bills for an amount of Rs.27,81,039/- plus Rs.84,642/- equals to Rs.28,65,681/- for the works Providing of Center Lighting arrangements from Goudappa Goud hospital to Gonegundia Circle in Yemmiganur Municipality and Supply of Air Compressor on hire basis for the purpose of CC and BT Road cutting at Road crossings from Goudappa Goud Hospital to Gonegandia Circle in Yemmiganur Municipality in favour of the petitioner even though completed in the year 2024-25 the entire work within stipulated time is illegal and arbitrary and violative of articles 14, 16 and 21 of constitution of India and consequently direct the respondents to clear the admitted bills pertaining to the above work 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 pay the admitted bills for the tender works “Providing of Center Lighting arrangements from Goudappa Goud hospital to Gonegundia Circle in Yemmiganur Municipality” and “Supply of Air Compressor on hire basis for the purpose of CC & BT Road cutting at Road crossings from Goudappa Goud Hospital to Gonegandia Circle in Yemmiganur Municipality” for an amount of Rs.27,81,039/- + Rs.84,642/- = Rs.28,65,681/- in favor of the petitioner, pending disposal of Writ Petition Counsel for the Petitioner:
1.M KRAJ KUMAR Counsel for the Respondent(S):
1.GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING
3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23549 of 2025
ORDER:
Learned counsel for the petitioner submits that the petitioner has executed works as entrusted by the respondents and submitted final bills. It is submitted that the competent authority has also recorded the progress of work and certified the work in the M-Book. Though the work progress was recorded in
1. the M-Book, no amounts have been forth coming. Heard the learned co.unsel for the petitioner, the learned Assistant
2. Government Pleader for Municipal Administration and Urban Development, the learned Government Pleader for the Finance & Planning and the learned Standing Counsel. Considering the submissions, the concerned respondent Nos.2 and 4 are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of six (06) weeks from the
3. date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed off. No costs. As a sequel, miscellaneous applications, pending, if any, shall stand
4. closed. OFFICER //TRUE COPY// To,
1. The Principal Secretary, Municipal Administration and Development (MAUD) Department, State of Andhra Pradesh, Secretariat Buildings, at Velagapudi, Amaravati, Andhra Pradesh.
2. The Commissioner, Yemmiganur Municipality, Yeminganur, Kurnooi District. Urban
3. The Executive Engineer, Yeminagur Municipality, Yeminagur, Kurnool District.
4. The Director, Works and Accounts Department, Anjaneya Towers, Ibrahimpatnam, Vijayawada Krishna District, Andhra Pradesh.
5. One CC to Sri M. K. Raj Kumar, Advocate [OPUC]
6. Two CCs to GP for Municipal Admn and Urban Development, High Courtof 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
HIGH COURT DATED:04/09/2025
ORDER WP NO. 23549 OF 2025 DISPOSING OF THE W.P.
WITHOUT COSTS