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2025 DAILYLAW 34960 (AP)

SRI DRONADULA AYYAPPA REDDY v. THE STATE OF ANDHRA PRADESH

WP/28666/2024 · 2025-02-07

V Sujatha

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 28666 OF 2024 Between: Sri Dronadula Ayyappa Reddy, S/o.Krishna Reddy, Aged 45 years, Kavali SPSR Nellore District. ...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 District Collector, SPSR Nellore District. 3. Atmakur Municipality, Rep by. The Commissioner, SPSR Nellore District. 4. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi Amaravathi, Guntur 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 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. 16,50,190/- (Sixteen Lakhs, Fifty Thousand, One Hundred And Ninty Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e./. Atmakur Municipality -(GGMP) -2022-23-Providing CC Road syed ejdani house to shan ramthulla house at tekkey in 17*'' ward in Atmakur Municipality,Agreementno.91/23-24 Atmakur Municipality -(GGMP) -2022-23-Providing CC Road from shaik sandhani house to syed ejdani house at tekky in 17th ward in Atmakur Municipality,Agreement.no.90/23-24 Dated. 23.12.2023,11. Dated. 23.12.2024, III. Atmakur Municipality -(GGMP) -2022-23-Providing CC Road from house to eturi Anjamma house at vandurugunta in 18th ward in Atmakur municipality Agreement no.88/2023-24. Dated. 23.12.2024 ,IV. Atmakur Municipality -(GGMP) -2022-23- ID.NO.MADU-1151-17208-Laying of RCC pipe line from Thatiparthi china nagaiah house to nakkala T.Musthapuram SC Colony in ward no.01 Vide Agreement No.88/2022- 23, Dated. 30/11/2022, V. Atmakur Municipality -(GGMP) -2022-23- Providing CC Road syed muneevar house to syed faffer house 18th ward in mopuru sidhaiah botu kaiuva at at vandhurugunta in 1151-23684, vide Atmakur Municipality-ID NO.MAUD- Agreement no.89/2023-24,Dated. 23.12.2023.VI. Atmakur Municipality ^ (GGMP) -2022-23-Providing CC Drain from india Anaiah house to elur) anjamma house at vandhurugunta in 18th ward in Atmakur municipality i ID.NO.MAUD-1151- 23683,Agreement.no.87/2023-24,dated. 23.12.2023 bad ,illegal, arbitrary, improper, unjust and against the Article 21 of constitution of india and as consequently direct the respondents to pay the amounts of Rs. 16,50,190/- (Sixteen Lakhs, Fifty Thousand And Ninty Rupees only) with interest @ 24% One Hundred per annum for the delayed amount till date of realization for the works executed by the petitioner. lA NO: 1 OF 2074 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 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.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 4: GP FOR FINANCE & PLANNING Counsel for the Respondent No.3: M/s. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES The Court made the following: ORDER 1 APHC010549412024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY ,THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 28666/2024 Between; ...PETITIONER Sri Dronadula Ayyappa Reddy AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S); I.Sireesha Rani Vailabhaneni,Standing Counsel For Municipalities 2.GP MUNCIPAL ADMN AND URBAN DEV AP 3.GP FOR FINANCE PLANNING The Court made the following: 2 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “....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.16,50,190/- (Sixteen Lakhs Fifty Thousand One Hundred And Ninty Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e., I. Atmakur Municipality GGMP 2022-23 Providing CC Road syed ejdani house to shan ramthulia house at tekkey in 17'^ ward in Atmakur Municipality Agreement No.91/23-24 Dated 23.12.2023, II. Atmakur Municipality (GGMP) -2022-23-Providing CC Road from shaik sandhani house to syed ejdani house at tekky in 17‘^ ward in Atmakur Municipality Agreement No.90/23-24, Dated 23.12.2024, IV. Atmakur Municipality- (GGMP) 2022-23-Providing CC Road from mopuru sidhaiah house to eturi Anjamma house at vandurugunta in 18^^ ward in Atmakur municipality Agreement No.88/2023-24 Dated 23.12.2024, IV. Atmakur Municipallty- (GGMP)- 2022-23-ID.NO.MADU-1151-17208-Laying of RCC pipe line from Thatiparthi china nagaiah house to nakkala botu kaiuva at T.Musthapuram SC Colony In ward no.01 Vide Agreement No. 88/2022-23, Dated 30/11/2022, V.Atmakur Municipality- (GGMP) 2022-23- Providing CC Road syed muneevar house to syed faffer house at vandhurugunta in 18^^ ward in Atmakur Municipality-ID NO.MAUD-1151-23684, vide Agreement no.89/2023-24 Dated 23.12.2023, VI.Atmakur Municipality- (GGMP)- 2022-23-Providing CC Drain from india Anaiah house to eluri anjamma house at vandhurugunta in lO"" ward in Atmakur municipality- ID. NO. MAUD-1151-23683 Agreement no 87/202324 dated 23.12.2023 as bad. Illegal, arbitrary, improper, unjust and against the Article 21 of constitution oT'India and consequently direct the respondents to pay the amounts of Rs.16,50,190/- (Sixteen Lakhs Fifty Thousand One Hundred And Ninty Rupees only) with Interest 24 % per 3 / annum for the delayed amount till date of realization for the works executed by the petitioner... ” 2. Heard learned counsel for the petitioner and learned counsel appearing for the respondents. 3. Learned counsel for the petitioner submits that even though respondents admitted that the petitioner is entitled for payment of the aforesaid sum of money, no payment is being made and such non-payment of money is clearly arbitrary and high-handed and thereby requires interference by this Court. Today, when the matter came up for hearing, learned Standing Counsel for Municipality, on instructions, submitted that the amounts payable to the 4. petitioner are admitted bills. However, due to lack of funds, the bill amounts have not been uploaded in the CFMS portal. 5. In view of the above instructions, since the bills claimed by the petitioner is an admitted amount, this Court feels it appropriate to dispose of the writ petition directing the respondents to release amount of Rs. 16,50,190/- (Rupees Sixteen Lakhs Fifty Thousand One Hundred and Ninety only) to the petitioner within a period of three (3) months from the date of receipt of a copy of this order. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. \ 4 Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. Sd/- M SRIf^AS ASS1STANT\REGI^>AR //TRUE COPY// Tl^^FICER SEC To, Department of Municipal Administration and State of Andhra Pradesh, Secretariat Building, 1. The Principal Secretary Urban Development, Velagapudi, Amaravathi, Guntur. 2. The District Collector, SPSR Nellore District. 3. The Commissioner, Atmakur Municipality, SPSR Nellore District. Department of Finance anti Planning, State of Secretariat Buildings, Velagapudi, Amaravathi, Guntur 4. The Principal Secretary, Andhra Pradesh, District. y"one CC to Sri Devasri Roshan Kancharla, Advocate [OPUC] 6. One CC to M/s. Sireesha Rani Vallabhaneni, SC for Municipalities[OPUC] Municipal Administration and Urban Development 7. Two ClS^o,GP { High Court of Andhra Pradesh. [OUT] or and Planning, High Court of A.P. at 8. Two CO’s' tB GP for Finance AmaravatifOUT] i.-- 9. Three CD Copies. ssb > HIGH COURT DATED:07/02/2025 ORDER WP.No.28666 of 2024 DISPOSING OF THE W.P. WITHOUT COSTS