Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 31609 (AP)

KARAMPUDI SREENIVASULU REDDY v. THE STATE OF AP

WP/23733/2024 · 2025-09-02

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

r APHC010460642024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI " (jT ▼ (Special Original Jurisdiction)'^ WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23733 OF 2024 Between: Karampudi Sreenivasulu Reddy, s/o. K.V. Krishna Reddy Age 62 years, Occ Contractor R/o. D. No. 25-1-1046-1, Lakshmi Nagar, Balaji Nagar, Nellore, SPSR Nellore District ...Petitioner AND 1. The State Of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, A.P. Secretariat Building Velagapudi, Amaravathi, Guntur District 2. The State of Andhra Pradesh, , Rep. by its Principal Secretary, Finance and Planning Department Secretariat ,Velagapudi, Amaravati, Guntur District. 3. The District Collector, SPSR Nellore District at Nellore. 4. The Executive Engineer, Public Health Spl. Division, Nellore SPSR Nellore 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 not /releasing payment for the bills to the petitioner for the works executed by him namely i.e. i) Nellore Municipal Corporation - CMDF - 2022-23 - ID No 524 - ' . Laying of C C road from D. No. 22-4-25 to D.No. 21-2-49 near PNM High « . School at Yahalli Street in Division No. 43 (WS. No. 43/2) under Agreement No. 82/2022-23, Dated 28.11.2022 for an amount of Rs. 16,90,748/-. ii) Nellore Municipal Corporation - CMDF - 2022-23 - ID No 523 - Laying of CC road from D.No. 22-3-2 to D.No. 21-6-86 at Pangala Raja Street in Division No. 43 (WS. No. 43/1) under Agreement No. 83/2022-23, Dated 28.11.2022 for an amount of Rs. 17,15,889/- and iii) Nellore Municipal Corporation - CMDF - 2022-23 - ID No 521 - Laying of C.C road from Walkers road to Lai Darga at Mansoor Nagar in Division No. 42 (WS No. 42/2) under agreement No. 85/2022-23, Dated 28.11.2022 for an amount of Rs. 23,80,336 as illegal, arbitrary, malafidy, high-handed, and contrary to the procedure established by law apart from being voilative of Articles 14 and 19 (1) (g) of the Constitution of India and consequentially direct the respondents to release the payment of above bill along with interest forthwith in the interest of justice. lA NO: 1 OF 2024 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 of the petitioner for the works executed by him namely i.e. i) Nellore Municipal Corporation - CMDF - 2022- 23 - ID No 524 - Laying of C.C road from D. No. 22-4-25 to D.No. 21-2-49 near PNM High School at Yahalli Street in Division No. 43 (WS. No. 43/2) under Agreement No. 82/2022-23, Dated 28.11 2022 for an amount of Rs.16,90,748/-. ii) Nellore Municipal Corporation - CMDF - 2022-23 - ID No 523 - Laying of CC road from # D.No. 22-3-2 to D.No. 21-6-86 at Pangala Raja Street in Division No. 43 (WS. No. 43/1) under Agreement No. 83/2022- 23, Dated 28.11.2022 for an amount of Rs. 17,15,889/- and iii) Nellore Municipal Corporation - CMDF - 2022-23 - ID No 521 - Laying of C.C road from Walkers road to Lai Darga at Mansoor Nagar in Division No. 42 (WS No. 42/2) under agreement No. 85/2022-23, Dated 28.11.2022 for an amount of Rs. 23,80,336, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI KAMBHAMPATI RAMESH BABU Counsel for the Respondent Nos.1,3 & 4: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondent No.2: GP FOR FINANCE PLANNING The Court made the following order: V APHC010460642024 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: 23733/2024 Between: 1.KARAMPUDI SREENIVASULU REDDY, S/0. K.V. KRISHNA REDDY AGE 62 YEARS, OCC CONTRACTOR R/0. D. NO. 25-1-1046-1 LAKSHMI NAGAR, BALAJI NAGAR DISTRICT NELLORE, SPSR NELLORE ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION DEPARTMENT, A.P. SECRETARIAT BUILDING AMARAVATHI, GUNTUR DISTRICT 2.THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND SECRETARIAT ,VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3.THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT NELLORE. 4.THE EXECUTIVE ENGINEER, PUBLIC HEALTH SPL DIVISION, NELLORE SPSR NELLORE DISTRICT AND URBAN DEVELOPMENT VELAGAPUDI, PLANNING DEPARTMENT AT ...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 Writ of MANDAMUS declaring the action of the respondents in 2 not releasing payment for the bills to the petitioner for the works executed by him namely i.e. i) Nellore Municipal Corporation - CMDF - 2022-23 - ID No 524 - Laying of C C road from D. No. 22-4-25 to D.No. 21-2-49 near PNM High School at Yahalli Street in Division No. 43 (WS No 43/2) under Agreement No. 82/2022-23. Dated 28.11.2022 for an amount of Rs. 16,90,748/-. ii) Nellore Municipal Corporation - CMDF - 2022-23 - ID No 523 - Laying of CC road from D.No. 22-3-2 to D.No. 21-6-86 at Pangala Raja Street in Division No. 43 (WS. No. 43/1) under Agreement No. 83/2022-23 17,15,889/- and iii) Nellore Municipal Corporation - CMDF - 2022-23 - ID No 521 - Laying of C.C road from Walkers road to Lai Darga at Mansoor Nagar in Division No. 42 (WS No. 42/2) under agreement No. Dated 28.11.2022 for an amount of Rs. 85/2022-23, Dated 28.11.2022 for an amount of Rs. 23,80,336 as illegal, arbitrary, malafidy, high-handed, and contrary to the procedure established by law apart from being voilative of Articles 14 and 19 (1) (g) of the Constitution of India and consequentially direct the respondents to release the payment of above bill along with interest forthwith in the interest of justice and pass lA NO: 1 OF 2024 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 bill of the petitioner for the works executed by him namely i.e. i) Nellore Municipal Corporation - CMDF - 2022- 23 - ID No 524 - Laying of C.C road from D. No. 22-4-25 to D.No. 21-2-49 near PNM High School at Yahalli Street in Division No. 43 (WS. No. 43/2) under Agreement No. 82/2022-23, Dated 28.11 2022 for an amount of Rs.16,90,748/-. ii) Nellore Municipal Corporation - CMDF - 2022-23 - ID No 523 - Laying of CC road from # D.No. 22-3-2 to D.No. 21-6-86 at Pangala Raja Street in Division No. 43 (WS. No. 43/1) under Agreement No. 83/2022- 23, Dated 28.11.2022 for an amount of Rs. 17,15,889/- and iii) Nellore Municipal Corporation - CMDF - 2022-23 - ID No 521 - Laying of C.C road from Walkers road to Lai Darga at Mansoor Nagar in Division No. 42 (WS No. 42/2) under agreement No. 85/2022-23, Dated 28.11.2022 for an amount of Rs. 23,80,336, pending disposal of the Writ Petition and to Counsel for the Petitioner: 1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S); pass V 3 k; 1.GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING The Court made the following: II i 4 Order: - Learned counsel for the petitioner submits that the petitioner has executed works entrusted by the respondents vide (i) Agreement No,82/2022-23 28.11.2022, (ii) Agreement No.83/2022 No.85/2022-23 dated 28.11.2022, the competent authority has recorded the dated -23 dated 28.11.2022, and (iii) Agreement and submitted the finai bills. It is submitted that progress of the works and certified the . in all, an amount of Rs. is due and payable by the same in the M-Book. It is further submitted that i 16,90,748/-, Rs. 17,15,889/- and Rs.23,80,336/- respondents to the petitioner. Though the the M-Book, no amount has been forthcoming Heard the learned counsel for Government Pleader for Municipal Administration progress of the works was recorded in 2. the petitioner, the learned Assistant and Urban Development; and & Planning, are hereby directed to verify the learned Assistant Government Pleader for Finance 3. Considering the submissions, the respondents and release the payments due payable to the possible preferably within a period of six (06) weeks from the date of receipt of a copy of this order. petitioner as expeditiously as 4. Accordingly, the Writ Petition is disposed off. No costs. 5. Pending miscellaneous petitions, if any, shall stand closed. Sd/- V.DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration Development Department, A.P. Secretariat Building Amaravathi, Guntur District.[BY RPAD] 2. The Principal Secretary, Finance and Planning Department Secretariat ,Velagapudi, Amaravati, Guntur District. .[BY RPAD] and Urban Velagapudi, 3. The District Collector, SPSR Nellore District at Nellore. .[BY RPAD] 4. The Executive Engineer, Public Health Spl. Division, Nellore SPSR Nellore District. [BY RPAD] 5. One CC to Sri. Kambhampati Ramesh Babu, Advocate [OPUC] 6. Two CCs to GP for MUNCIPAL ADMN AND URBAN DEV, High Court of Andhra Pradesh [OUT]. 7. Two CCs to GP For Finance Planning, High Court of Andhra Pradesh [OUT] 8. Two CD Copies. 1^ AL TL HIGH COURT DATED:03/09/2025 ORDER WP NO. 23733 OF 2024 * JDSEP7IW I sSt Current section %^eSPATC»^ DISPOSING OF THE W.P. WITHOUT COSTS