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APHC010520442024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27187 OF 2024 Between: Nagalla Narayya, S/o Venkateswarlu, aged about 44 years, R/o. D.No. 24-4- 3-(1), 1st ward, Yarragunta Palem Kandukuru Village and Mandal, SPSR Nellore District. ...Petitioner AND
1. The State of Andhra Pradesh, Represented by its Principal Secretary, Municipal Administration Department, A.P. Secretariat, Amaravathi, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, represented by its Principal Secretary, Finance and Planning Department, Velagapudi Guntur District. 3. The Executive Engineer, P.H. Special Division, Beside Water Tanks Magunta Nagar, SPSR Nellore District. 4. The Kandukuru Municipality, Rep by its. Commissioner, SPSR Nellore District. 5. The Deputy Executive Enginer, Kandukuru Municipality, SPSR Nellore District. A.P. Secretariat, Amaravathi, Kandukuru Kandukuru, 1 ...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 to declaring action on the part of the respondents herein in not paying the amounts for an amount of Rs.8,37,677/- for work i.e.. Providing CC Road 4th execution of cross North Side putta area from Gowdeperu Kondaiah house (D.No. 24-5-21/6) existing road to Peddanaboina Krishna Reddy House (D.no. 24-4-24) at Yerragunta palem in 1st ward in Kandukur Municipality vide Work Order No. Rc.No. 1389/2022/E, Dated 14.11.2023 to 21 and 300-A the petitioner is illegal, arbitrary, violation of Articles 14 constitution of India and consequently directed the respondents to release the above said amount along with interest in favour of the petitioner. 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 release the amount of Rs.8,37,677/- for execution of work i.e.. Providing CC Road 4th cross North Side putta area from Gowdeperu Kondaiah house (D.No. 24-5-21/6) existing road to Peddanaboina Krishna Reddy House (D.no. 24-4-24) at Yerragunta palem in 1st ward in Kandukur Municipality vide Work Order No. Rc.No. 1389/2022/E, Dated 14.11.2023 to the petitioner pending disposal of the writ petition. Counsel for the Petitioner: SRI R SUJAN KUMAR Counsel for the Respondent Nos.
4 & 5: SRI GUDAPATI LAKSHMINARAYANA (SC FOR MUNICIPALITIES) Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING Counsel for the RespondentNos. 1 & 3: GP FOR MUNCIPAL URBAN DEV ADMN AND The Court made the following order:
/ APHC010520442024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27187/2024 Between:
1.NAGALLA NARAYYA, S/0 VENKATESWARLU, AGED ABOUT 44 YEARS, R/0. D.NO. 24-4-3-(L). 1ST WARD, YARRAGUNTA PALEM KANDUKURU VILLAGE AND MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, A.P. SECRETARIAT, AMARAVATHI, VELAGAPUDI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, A.P. SECRETARIAT, AMARAVATHI DISTRICT. VELAGAPUDI GUNTUR 3.THE EXECUTIVE ENGINEER, P.H. SPECIAL DIVISION WATER TANKS, MAGUNTA NAGAR, SPSR NELLORE DISTRICT. 4.THE KANDUKURU MUNICIPALITY, REP BY ITS. COMMISSIONER, KANDUKURU, SPSR NELLORE DISTRICT. 5.THE DEPUTY EXECUTIVE ENGINER, KANDUKURU MUNICIPALITY, KANDUKURU, SPSR NELLORE DISTRICT. BESIDE ...RESPONDENT(S):
2 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 to declaring action on the part of the respondents herein in not paSdng the amounts for work i.e.. Gowdeperu D Rs.8,37,677/- for execution of roviding CC Road 4th cross North Side putta area from Peddanaboina Krishna Redd^Housi^ano. 24^-4-24^ Yerragunta pa^L f DateTl" l" “o"r'"'t-f''''' '389/2022/E of Vtn f ^ petitioner is illegal, arbitrary, violation of article 14 21 and 300-A constitution of India and consequently directed the respondents an^paTs^ Petitioner to in lA NO: 1 OF 2024 Petition under Section 151 CPC in the affidavit filed in support of the praying that in the circumstances stated .
, petition, the High Court mav be nlea^pH Rs^S 3^7^677/^^^^" *° respondents to release the amount of sfdp’f« ,
"“'■'r ' e- Providing CC Road 4th cross North Side putta area from Gowdeperu Kondaiah house (D.No. 24-5- 21/6) existino road to Peddanaboina Krishna Reddy House (D.no. 24- 4-24) at Yerragunta palem in 1st ward in Kandukur Municipality vide Work Order ^ 1389/2022/E, Dated 14.11.2023 to the vvork Order petition and pass Counsel for the Petitioner;
1.RSUJAN KUMAR Counsel for the Respondent(S); I.Gudapati Lakshminarayana SC For Municipalities in Rayalaseema Region 2.GPFORIRRI ANDCAD
3. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: No. Rc.No. petitioner pending disposal of the writ
3
Order:-
Learned counsel for the petitioner submits that the petitioner has executed work entrusted by the respondents vide Work Order No. Rc.No. 1389/2022/E, dated 14.11.2023 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. 8,37,677/- 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. 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 six (06) weeks from the date of receipt of a copy of this order.
2.
3.
4. Accordingly, the Writ Petition is disposed off. No costs.
5. Pending miscellaneous petitions, if any, shall stand closed.
Sd /- P. VINOD KUMAR ASSISTANT REGISTRAR I l! //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Municipal Administration Department, A.P. Secretariat, Amaravathi, Velagapudi, Guntur District. The Principal Secretary, Finance and Planning Department Secretariat, Amaravathi, Velagapudi Guntur District.
2. A.P.
3. The Executive Engineer, P.H. Special Division, Beside Water Tanks, Magunta Nagar, SPSR Nellore District.
4. The Commissioner, Kandukuru Municipality, Kandukuru, SPSR Nellore District.
5. The Deputy Executive Enginer, Kandukuru Municipality, Kandukuru, SPSR Nellore District.
6. One CC to Sri R Sujan Kumar, Advocate [OPUG]
7. One CC to SRI Gudapati Lakshminarayana (SC For Municipalities in Rayalaseema Region) Advocate [OPUC]
8. Two CCs to GP for Finance & Planning, Fligh Court of Andhra Pradesh [OUT]
9. Two CCs to GP for Muncipal Admn and Urban Dev, High Court Andhra Pradesh [OUT] 10.Two CD Copies of TF
HIGH COURT DATED:02/09/2025
ORDER WPNO. 27187 OF 2024 [ 11 SEP 2025 )m irrentSectiwxV^ DISPOSING OF THE W.P., WITHOUT COSTS