\ -■ APHC010560272024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29520 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 i.ts 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 4f1 ...Respondents Petition under Article 226 of the Constitution of India praying that in the dircumstances stated in the affidavit filed therewith, the High Court may be ig to issue a Writ, Order or Direction particularly one in the nature of Writ , declaring the action of the respondents in non-payment of bill dues of F^s. 12,46,459/- (Rupees Twelve Lakh Forty-Six Thousand Four ' pie ■ - oT Hundred and Fifty-Nine only) for the work executed under Original Agreement NO.51/2023-24/CMDF/E1, dated 16.10.2023 and 1 St Supplementary Agreement No. 135/23-24 dated 27.02.2024, 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. 12,46,459/- for the work Construction of CC Road i) From H.No.23-67 (7th Secretariat) to H.No. 23-73-361-4 ii) From H.No. 24-61-1 to 24-21 (Venkatachalam Street) in Kondapeta Ward No. 11 in Dhone Municipality under Chief Minister Development Fund (CMDF) funds 2022-23 and the said work is allocated to me under the Original Agreement No.51/2023- 24/CMDF/E1, dated 16.10.2023 and 1st Supplementary Agreement No. 135/23-24, dated 27.02.2024, along with 24 percentage interest till the date of payment 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 dues of Rs. Rs. Rs. 12,46,459/- (Rupees Twelve Lakh Forty-Six Thousand Four Hundred and Fifty-Nine only) for the work allocated under Original Agreement No.51/2023-24/CMDF/E1, dated 16.10.2023 and 1®* Supplementary Agreement No. 135/23-24, dated 27.02.2024 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 MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondent No.2: GP FOR FINANCE AND PLANNING Counsel for the Respondents No.4, 6, 7: Sri Gudapati Lakshminarayana SC For Municipalities in Rayalaseema Region The Court made the following order: s 1 5f»' APHC010560272024 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 PETITION NO: 29520/2024 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 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 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 ENGINEER, DHONE MUNICIPALITY, DHONE, 2 NANDYAL DISTRICT. 7. MUNICIPAL ASSISTANT f DHONE, NANDYAL DISTRICTENGINEER, DHONE MUNICIPALITY ...RESPONDENT(S): Petition under Articie 226 of the Constitution of India circumstances stated in the affidavit filed therewith pleased topleased to issue praying that in the the High Court may be 3 Writ, Order or Direction particularly one in the nature of Writ of Mandamus, declaring the action of the payment of bill dues of Rs. 12,46,459/- (Rupees Thousand Four Hundred and Fifty-Nine only) for the Original Agreement No.51/2023-24/CMDF/E1 Supplementary Agreement No. 135/23-24 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. 12,46,459/- for the work Construction of CC Road i) From H.No.23-67 (7th Secretariat) to H.No. 23- 73-361-4 ii) From H.No. 24- 61-1 to 24-21 (Venkatachalam Street) in Kondapeta Ward No. 11 in Dhone Municipality under Chief Minister Development Fund (CMDF) funds 2022-23 and the said work is allocated NO.51/2023-24/CMDF/E1 respondents in non- Twelve Lakh Forty-Six work executed under I 16.10.2023 and 1st 27.02.2024, as illegal, , Art.21, Art.23 and dated to me under the Original Agreement 16.10.2023 and 1st Supplementary Agreement No. 135/23-24, dated 27.02.2024, along with 24 percentage interest till the date of payment and pass dated 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. Rs. 12,46,459/- (Rupees Twelve Lakh Forty-Six Thousand Four Hundred and Fifty-Nine only) for the work allocated under Original Agreement No.51/2023-24/CM DF/E1, dated 16.10.2023 and 1st Supplementary Agreement No. 135/23-24, dated 27.02.2024 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): 3 I.Gudapati Lakshminarayana SC For Municipalities in Rayalaseema Region 2.GP MUNCIPAL ADMN AND URBAN DEV AP 3.GP FOR FINANCE PLANNING \ 4 the honourable SRI JUSTICE HARINATH.N WRIT PETITION NO: 29fi?0 pf 2024 ORDER: 1. Learned counsel for the petitioner submits works as entrusted by the respondents that the competent authority has also certified the work in the M-Book. Though the the M-Book, no amounts have been forth Heard the learned counsel for Government Pleader for Municipal Administration learned Government Pleader for Standing Counsel. Considering the submissions, the directed to verify and release the expeditiously as possible preferably within date of receipt of a copy of this order. that the petitioner has executed and submitted final bills. It is submitted recorded the progress of work and work progress was recorded in coming. 2. the petitioner, the learned Assistant and Urban Development, the the Finance & Planning and the learned 3. concerned respondents are hereby payments due payable to the petitioner a period of six (06) weeks from the as 4. Accordingly, the Writ Petition is disposed off. No costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- G HELA NAIDU ASSISTANT REGISTRAR - SECTION OFFICER //TRUE COPY// 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. 4 / 3. The Collector and District Magistrate, Nandyal District 4. The Commissioner, Dhone Municipality, Dhone, Nandyal District. 5. The District Public Health Engineering Officer, Public Health Division, Nandyal. 6. Deputy Executive Engineer, Dhone Municipality, Dhone, Nandyal District. 7. Municipal Assistant Engineer, Dhone Municipality, District 8. One CC to SRI L CHANDRA OBUL REDDY Advocate [OPUC] 9. One CC to SRI Gudapati Lakshminarayana SC For Municipalities in Rayalaseema Region Advocate [OPUC] 10. Two CCs to GP FOR MUNCIPAL ADMN AND URBAN DEV AP Advocate [OPUC] 11. Two CCs to GP FOR FINANCE AND PLANNING High Court of Andhra Pradesh [OUT] 12. Two CD Copies Dhone, Nandyal gsg HIGH COURT DATED: 01/09/2025 ORDER WP NO. 29520 OF 2024 M 2 2 SEP 2025 vSCuwntSectiott^^ DISPOSING THE WP WITHOUT COSTS