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APHC010528222024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF JULY ^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N ^ WRIT PETITION hin- 27554 OF 2024 Bp Z’ /A Between: Mekapati Dinesh, S/o Ramana Reddy, Aged 37 years, Kaluvayi (M), SPSR Nellore ...Petitioner ^ AND
1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Municipal, Administration and Secretariat Building, Velagapudi, Amaravathi, Guntur
2. The Commissioner, Atmakur Municipality, Atmakur, SPSR Nellore District. 3. The Project Director, Housing Corporation, SPSR Nellore District
4. The AP State Housing Corporation Limited (APSHCL), Vijayawada, Rep. by its Managing Director. 5. The State of Andhra Pradesh, Rep. by its Principal Secretary, Housing Department, Secretariat Building, Velagapudi, Amaravati. 6. The State of Andhra Pradesh, Rep, py its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. Urban Development. ...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 Part payments of pending amounts of Rs. 13,47,334/- (Thirteen Lakhs, Forty Seven Thousand, Three Hundred And Thirty Four Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e. I. Atmakur Municipality-Providing CC Roads from Jaya Kumar House (D.No. 199) to Culvert (D.no.150) at medha school line Jr Mukala peta in ward no.4 in Atmakur Municipality - MAUD-1151-23709, II.Atmakur Municipality -Providing CC Roads from Culvert (D.NO.150) to Vagaa Srihari House (pole no.SS- 88A2/9) at Medha School line Jr peta in ward no.4 in Atmakur Municipality -MAUD-1151-23710, III.Atmakur Municipality-Providing CC Roads from vagala srihahari house (pole no:SS-88A2/9) to Trasformer at medha school line Jr peta in ward no 4 in Atmakur Municipality -Maud- 115123712, IV.Atmakur Municipality GGMP- from Venkateswara Hospital 2022-23 Providing CC Roads entrance pole no.SS40A1 To Enagaluru Santhamma house pole no.SS40A3 LR palli in ward no.3 in Atmakur Municipality ID NO.MAUD 1151-29628 Vide Agreement No. 122/2023- 24,121/23-24, 120/2023- 24, 451/2023-24 Dated 31.12.2023, 17.06.2023 bad .illegal, arbitrary, improper, unjust and against the Article 21 of constitution of India and consequently direct the as respondents to pay the amounts of Rs.
13,47,334/- (Thirteen Lakhs, Forty Seven Thousand Hundred And Thirty Four Rupees only) with interest @ 24% per annum for the delayed amount till date of realization for Three the works executed by the petitioner. lA NO: 1 OF 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
ii w . *»■ direct the respondents to forthwith consider releasing the amounts payable to the petitioner herein, pending disposal of the writ petition. Counsel for the Petitioner: SRI devasri ROSHAN KANCHARLA Counsel for the Respondent No.3: SRI KALYAN CHAKRAVARTHY R Counsel for the Respondent No.2: SMT. SIREESHA RANI VALLABHANENI (SC FOR MUNICIPALITIES) Counsel for the Respondent No.4: SRI E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD) Counsel for the Respondent No.1; / GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No.5: GP FOR HOUSING Counsel for the Respondent No.6: GP FOR FINANCE & PLANNING The Court made the following order:
*>■ APHC010528222024 IN THE HIGH COURT OF ANDHRA PRADESH AT aMARAVATI (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT petition NO: 27554/2024 [3457] Between:
1.MEKAPATI DINESH, S/O RAMANA REDDY, KALUVAYI (M), SPSR NELLORE AGED 37 YEARS, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL, ADMINISTRATION SECRETARIAT BUILDING. AND URBAN DEVELOPMENT. VELAGAPUDI, AMARAVATHI, GUNTUR 2.THE COMMISSIONER, ATMAKUR MUNICIPALITY, ATMAKUR, SPSR NELLORE DISTRICT. 3.THE PROJECT DIRECTOR, HOUSING CORPORATION. NELLORE DISTRICT 4.THE AP STATE HOUSING CORPORATION LIMITED APSHCL, VIJAYAWADA, REP. BY ITS MANAGING DIRECTOR. 5.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOUSING DEPARTMENT,.SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI. SPSR 6.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT OF FINANCE AND PLANNING, SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT(S):
2 Counsel for the Petitioner:
1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S):
1. KALYAN CHAKRAVARTHY R 2.E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD) 3.GP FOR MUNCIPAL ADMN URBAN DEV 4.GP FOR FINANCE PLANNING The Court made the following:
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Order: - Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Finance and the learned Standing Counsel for the respondent-corporation.
2. The learned counsel for the petitioner submits that the petitioner has completed the works of i.e. /. Atmakur Municipality-Providing CC Roads from Mukala Jaya Kumar House (D.N0.199) to Culvert (D.No.150) at Medha School line Jr peta in ward No.4 in Atmakur Municipality - MAUD-1151- 23709,11. Atmakur Municipality -Providing CC Roads (D.No.150) to Vagaa Srihari House (Pole No.SS- 88A2/9) at Medha School from Culvert line Jr peta in ward No.4 in Atmakur Municipality -MAUD-1151-237 10,111. Atmakur Municipality-Providing CC Roads from Vagala Srihari house (pole NO.SS-88A2/9) to Transformer at Medha School line Jr peta in ward No.4 in Atmakur Municipality -Maud-115123712,IV. Atmakur Municipality GGMP- 2022-23 providing CC Roads from Venkateswara Hospital entrance pole NO.SS40A1 to Enagaluru Santhamma house pole No.SS40A3 LR pain in ward No.3 in Atmakur Municipality ID No.MAUD 1151- Agreement No. 29628 Vide 122/2023-24,121/23-24,120/2023-24,451/2023-24, dated 31.12.2023, 17.06.2023, entrusted by the respondent-Corporation and submitted the final bills.
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3. It IS submitted that a total amount of Rs. 13,47,334/- is due and by the respondent-corporation to the petitioner on account of the completion of the aforesaid works. However, the said amount has not been payable paid.
4. Considering the
submissions, there shall be a direction to the respondents to verify and release the payments as expeditiously as possible preferably within a period of six (06) weeks from the date of of this order. receipt of a copy
5. Accordingly, this Writ Petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any. shall stand closed.
Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR / //TRUE COPY// / SECTION OFFICER To
1. The Principal Secretary. Department of Municipal. Administration Urban Development. Secretariat Building. Velagapudi Guntur
2. The Commissioner. Atmakur Municipality. Atmakur. SPSR Nellore District.
3. The Project Director. Housing Corporation. SPSR Nellore District
4. The AP State Housing Corporation Limited APSHCL. Vijayawada. Rep. by its Managing Director.
5. The Principal Secretary, Housing Department, Velagapudi, Amaravati.
6. The Principal Secretary, Department Secretariat Buildings, Velagapudi, Amaravathi and Amaravathi, Secretariat Building of Finance and Planning, , Guntur District.
7. One CC to Sri Devasri Roshan Kancharla, Advocate [OPUC]
8. One CC to Sri Kalyan Chakravarthy R. Advocate [OPUC]
9. One CC to Smt. Sireesha Rani Vailabhaneni (SC for Municipalities), Advocate [OPUC]
10. One CC to Sri E V Jagannadha Rao (SC for AP State Houseing Coop Ltd) Advocate [OPUC]
11. Two CCs to GP for Muncipal Admn & Urban Dev, High Court of Andhra Pradesh [OUT]
12. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT]
13. Two CCs to GP for Housing, High Court of Andhra Pradesh [OUT]
14. Two CD Copies / TF
HIGH COURT DATED;17/07/2025
ORDER WP NO. 27554 OF 2024 DISPOSING OF THE W.P., WITHOUT COSTS