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2025 DAILYLAW 36056 (AP)

DHANALAKSHMI NURSERY v. THE STATE OF AP

WP/30604/2024 · 2025-07-21

Harinath N

body2025

Judgment text

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>4 * . APHC01058S762024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE H PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 30604 OF 2024 Between: Dhanalakshmi Nursery, Rep by Pro. BW Subrahmanyam, Kadiyapulanka Kadiyam, East Godavari District ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buildings at Velagapudi, Amaravati Guntur District. 2. The Managing Director, A.P.G and B.C and M.A.and U.D. Department, Plot No.30, Road No. 04, Sector-04, Lotus Land Mak, Ayodhya Nagar, Kedhareswaripet, Vijayawada-520003. 3. The Zonal Manager, A.P.G and B.C and M.A.and U.D. Department, Plot No.30, Road No. 04, Sector-04, Lotus Land Mak, Ayodhya Nagar, Kedhareswaripet, Vijayawada-520003 4. The District Collector, West Godavari, 5. The Narasapur Municipality, Rep by its Municipal Commissioner Narsapur, West Godavari 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 grant a writ or order more particularly, one in the form of a writ of MANDAMUS declaring the inaction of the respondents in not Releasing amounts of Rs. 14,17,857/- and Maintenance amounts to the petitioner herein, under the scheme Jagananna Haritha Nagaralu (JHN) for development of Raising Avenue Plantation and central median plantation with 1 year maintenance at Naraspur Municipality, West Godavari, and Andhra Pradesh, pursuant to the part Bill issued on 05-06-2023, for Rs. Rs.14,17,857/- and Maintenance amounts as illegal, arbitrary, in violation of Articles 14, 16,and 19 of Constitution of India and consequently direct the respondents to release the admitted amount together with interest @18% P.A from 06-05-2023 till the date of payment in the interest of justice. 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 admitted amount to the petitioner together with interest @18% P.A from 06-05-2023 till the date of payment in the interest of Justice. Counsel for the Petitioner: SRI CHAKRADHARA RAJA Y Counsel for the Respondent Nos. 1 to 3: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No.4: GP FOR REVENUE Counsel for the Respondent No.5: SMT. SIREESHA RANI VALLABHANENI,STANDINGCOUNSEL FOR MUNICIPALITIES The Court made the following order: APHC010585762024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 30604/2024 Between: 1.DHANALAKSHMI NURSERY, SUBRAHMANYAM, KADIYAPULANKA, GODAVARI DISTRICT REP BY PRO. BW KADIYAM, EAST ...PETITIONER AND 1.THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS AT VELAGAPUDI AMARAVATI GUNTUR DISTRICT. 2.THE MANAGING DIRECTOR, A.P.G AND B.C AND M.A.AND U.D. DEPARTMENT, PLOT NO.30, ROAD NO. 04, SECTOR-04, LOTUS LAND MAK, AYODHYA NAGAR, KEDHARESWARIPET, VIJAYAWADA-520003. 3.THE ZONAL MANAGER, A.P.G AND B.C AND M.A.AND U.D. DEPARTMENT, PLOT NO.30, ROAD NO. 04, SECTOR-04, LOTUS LAND MAK, AYODHYA NAGAR, KEDHARESWARIPET, VIJAYAWADA-520003 4.THE DISTRICT COLLECTOR, WEST GODAVARI, 5.THE NARASAPUR MUNICIPALITY, REP BY ITS MUNICIPAL COMMISSIONER NARSAPUR, WEST GODAVARI DISTRICT w 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 grant a writ or order more particularly, one in the form of a writ of MANDAMUS declaring the inaction of the respondents in not Releasing amounts of Rs.14,17,857/- and Maintenance amounts to the petitioner herein, under the scheme Jagananna Haritha Nagaralu (JHN) for development of Raising Avenue Plantation and central median plantation with 1 year maintenance at Naraspur Municipality, West Godavari, and Andhra Pradesh, pursuant to the part Bill issued on 05-06- 2023, for Rs. Rs.14,17,857/- and Maintenance amounts as illegal, arbitrary, in violation of Articles 14, 16,and 19 of Constitution of India and consequently direct the respondents to release the admitted amount together with interest @18percent P.A from 06-05-2023 till the date of payment in the interest of justice 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 release the admitted amount to the petitioner together with interest @18% P.A from 06-05-2023 till the date of payment in the interest of Justice and pass Counsel for the Petitioner: 1. CHAKRADHARA RAJA Y Counsel for the Respondent(S); 1. 2.GP FOR MUNCIPAL ADMN URBAN DEV 3.GP FOR REVENUE 4.Sireesha Rani Vallabhaneni, Standing Counsel For Municipalities The Court made the following; 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 30604 of 2024 ORDER: Learned counsel for the petitioner submits that the petitioner has completed the work under agreement No.04/APUG- 15021/NARSAPUR/2022-TECH-SEC-APUGBC/2022-23 for the work of Raising Avenue Plantation and central median plantation with 1 year maintenance at Narasapur Municipality, West Godavari and submitted the final bills. However, amounts have not been paid to the petitioner. Aggrieved by the same, the present Writ Petition is filed. 2. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development and learned Standing Counsel for Municipal Corporation. Considering the submissions, the concerned respondent is 3. hereby directed to verify and release the payment 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. p 4 i 4. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- SHAiK MOHD. RAFi ASSISTANT REGISTRAR //TRUE COPY// SECT^N OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buildings at Velagapudi Amaravati Guntur District. 2. The Managing Director, A.P.G and B.C and M.A.and U.D. Department, Plot No.30, Road No. 04, Sector-04, Lotus Land Mak, Ayodhya Nagar, Kedhareswaripet, Vijayawada-520003. 3. The Zonal Manager, A.P.G and B.C and M.A.and U.D. Department, Plot No.30, Road No. 04, Sector-04, Lotus Land Mak, Ayodhya Nagar, Kedhareswaripet, Vijayawada-520003 4. The District Collector, West Godavari, 5. The Municipal Commissioner, Narasapur Municipality, Narsapur, West Godavari District 6. One CC to Sri Chakradhara Raja Y Advocate [OPUC] 7. Two CCs to GP for Muncipal Admn & Urban Dev, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 9. One CC to Smt. Sireesha Rani Vallabhaneni, Standing Counsel For Municipalities Advocate [OPUC] 10. Two CD Copies TF HIGH COURT DATED:22/07/2025 ORDER WP NO. 30604 OF 2024 ^0 1 AUG 2025 € Ss^JurrentSectio|iX^^ 3? DISPOSING OF THE W.P., WITHOUT COSTS