APHC010560322024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29527 OF 2024 Between: M/s. Swathi Constructions, Contractor, Kadapa Rep. by its Managing Director, Shri Vemireddy Reddaiah, S/o Late Vemireddy Veera Reddy, 1/1848-10, Flat No. 203 Venkatadri Residence, 0pp. to PF Office, Yerramukkapalli , Kadapa, YSR District-516004 ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Department of Municipal Administration and Urban Development, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance, Velagapudi, Guntur District. 3. The Collector AND District Magistrate, Nandyal District 4. The Dhone Municipality, Rep.by its Commissioner, Dhone, Nandyal District. 5. District Public Health Engineering Officer, Public Health Division, Nandyal. 6. Deputy Executive Engineer, Dhone Municipality, Dhone, Nandyal District. 7. Municipal Assistant Engineer, Dhone Municipality, Dhone, Nandyal District ...Respondents Petition under Article 226 of the Constitution of India is filed 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 non payment of bill dues of Rs. 2,16,984/- (Rupees Two Lakhs Sixteen Thousand Nine Hundred and Eighty Four Only) for the work executed under Original Agreement No.50/2023-24/CMDF/E1, dated 16.10.2023 and 1 Supplementary Agreement No. 119/23-24 dated 19.01.2024, as illegal, arbitrary and violation of Art.14, Art.15, Art.19(1)(g), Art.21, Art.23 and Art.300A of the Constitution of India and consequently direct the respondents to pay the dues of Rs. 2,16,984/- for the work Drain from E.Pole.No.DDN/F2/12/4/A to E.Pole.No.AE/2/G to E.Poie.No.AE/2/N in Dhone Municipality under Chief Minister Development Fund (CMDF) funds 2022-23 and the said work is allocated to me under the Original Agreement N o.50/2023-24/C MDF/E1, dated 16.10.2023 and 1®* Supplementary Agreement No. 119/2023-24, dated 19.01.2024, along with 24% interest till the date of payment . ■ -’5^ '. St lA NO: 1 OF 2024 Petition under Section 151 CPC is filed 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 dues of Rs. 2,16,984/- (Rupees Two Lakhs Sixteen Thousand Nine Hundred and Eighty Four Only) for the work allocated under Original Agreement No.50/2023-24/CM DF/E1, dated 16.10.2023 and 1®^ Supplementary Agreement No. 119/23-24, dated 19.01.2024 expeditiously within 6 weeks pending final disposal of the Writ petition Counsel for the Petitioner; SRI L CHANDRA OBUL REDDY Counsel for the Respondents No.1, 3, 5: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No.4: GUDAPATI LAKSHMINARAYANA SC For Municipalities in Rayalaseema Region Counsel for the Respondent No.2: GP FOR FINANCE AND PLANNING The Court made the following order: i;r> 1 APHC010560322024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITlOKT NO: 29527/2024 Between: 1.SWATHI CONSTRUCTIONS, CONTRACTOR, KADAPA REP. BY ITS MANAGING DIRECTOR, SHRI VEMIREDDY REDDAIAH, S/0 LATE VEMIREDDY VEERA REDDY, 1/1848-10, FLAT NO. 203 VENKATADRI RESIDENCE, OPP. TO PF OFFICE, YERRAMUKKAPALLI, KADAPA, YSR DISTRICT - 516004 ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL DEPARTMENT OF FINANCE, VELAGAPUDI, SECRETARY, GUNTUR DISTRICT. 3.THE COLLECTOR AND DISTRICT MAGISTRATE, NANDYAL DISTRICT 4.THE DHONE MUNICIPALITY, REP.BY ITS COMMISSIONER, DHONE, NANDYAL DISTRICT. 5. DISTRICT PUBLIC HEALTH ENGINEERING OFFICER, PUBLIC HEALTH DIVISION, NANDYAL. 6.DEPUTY EXECUTIVE ENGINEE1R, DHONE MUNICIPALITY, DHONE, NANDYAL DISTRICT. 7.MUNICIPAL ASSISTANT ENGINEER, DHONE MUNICIPALITY, DHONE, NANDYAL DISTRICT 2 ...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 o-- Direction, more particularly one in the nature of Writ of Mandamus, dedaring the action of the respondents in non-payment of bill dues of Rs. 2,16,984/- (Rupees Two Lakhs Sixteen Thousand Nine Hundred and Eighty Four Only) for the work executed under Original Agreement No.50/2023-24/CMDF/E1, dated 16.10.2023 and 1ST Supplementary Agreement No. 119/23-24 dated arbitrary and violation of Art. 14, Art. 15, Art.19(1)(g) Art.300A of the Constitution of India and consequently direct the respondents to pay the dues of Rs. 2,16,984/- for the work Drain E.Pole.NO.DDN/F2/12/4/A to E.Pole.No.AE/2/G to E.Pole.No.AE/2/N in Dhone Municipality under Chief Minister Development Fund (CMDF) funds 2022-23 and the said work is allocated to me under the Original Agreement N o.50/2023-24/C MDF/E1, dated 16.10.2023 and 1ST r Agreement No. 119/2023-24, dated 19.01.2024, along with 24PERCENT interest till the date of payment 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 dues of Rs. 2,16,984/- (Rupees Two Lakhs Sixteen Thousand Nine Hundred and Eighty Four Only) for the work allocated under Original Agreement No.50/2023-24/CMDF/E1, dated 16.10.2023 and 1ST Supplementary Agreement No. 119/23-24, dated 19.01.2024 expeditiously within 6 weeks pending final disposal of the Writ petition and pass Counsel for the Petitioner: 1. L CHANDRA OBUL REDDY Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.Gudapati Lakshminarayana SC For Municipalities in Rayalaseema Region 3.GP FOR FINANCE PLANNING 19.01.2024, as illegal, Art.21, Art.23 and from Supplementary 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29527 of 2024 ORDER: 1. 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 the M-Book, no amounts have been forth coming. 2. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development, the learned Government Pleader for the Finance & Planning and the learned Standing Counsel. 3. Considering the submissions, the concerned 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. 4. Accordingly, the Writ Petition is disposed off. No costs. As a sequel, miscellaneous applications, pending, |t^ any, shall stand Sd/- B CHITTI JOSEPH ASSISTANT REGISTRAR closed. //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to Government, State of Andhra Pradesh, Department of Municipal Administration and Urban Development, Velagapudi, Guntur District. 2. The Principal Secretary, State of Andhra Pradesh, Department of Finance, Velagapudi, Guntur District. 3. The Collector & District Magistrate, Nandyal District 4. The Commissioner, Dhone Municipality, Dhone, Nandyal District. 5. District Public Health Engineering Officer, Public Health Division, Nandyal. 6. Deputy Executive Engineer, Dhone Municipality, Dhone, Nandyal District. 7. Municipal Assistant Engineer, Dhone Municipality, Dhone, Nandyal District 8. One CC to SRI L CHANDRA OBUL REDDY Advocate [OPUC] 9. Two CCs to GP FOR MUNCIPAL ADMN URBAN DEV High Court of Andhra Pradesh [OUT] lO.One CC to SRI GUDAPATI LAKSHMINARAYANA SC For Municipalities in Rayalaseema Region Advocate [OPUC] 11 .Two CCs to GP FOR FINANCE AND PLANNING High Court of Andhra Pradesh [OUT],. 12.Two CD Copies gsg HIGH COURT DATED: 01/09/2025 ORDER WP NO. 29527 OF 2024 5 23SEr 2025 § ^ ^ Current Section . DISPOSING OF THE WP WITHOUT COSTS