APHC010395392024 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI (Special Original Jurisdiction) SMS •> WEDNESDAY,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20259 OF 2024 Between: Shaik Sulthan Miah, S/o. Shaik Nazeer Ahamed, Aged about 43 Years Occ Contractor, R/o. D.No.80-131-82. Housing Board Colony, Near Registration Office, Kurnool, Kurnool District ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by Principal Secretary, r Municipal Administration, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The State of Andhra Pradesh, Represented by its Principal Secretary, Finance Department Secretariat Buildings, Velagapudi, Amaravati, Guntur District 3. The Commissioner and Director of Municipal Krishna Enclave, Annapura Nagar, 5th lane, 522034, Guntur, Andhra Pradesh. 4. Andhra Pradesh Center for Financial Systems by its CEO, Government of Andhra Pradesh, Towers, Ibrahimpatnam, Krishna District - 521456. 5. The District Collector, Kurnool District, Andhra Pradesh Dept of Administration, Padmini 4/7 Inner Ring Road, Gorantla- and Services APCFSS, Rep. 6th Floor, C-Block, Anjaneya T'. 6- Kurnool Municipal Corporation District, Andhra Pradesh 7. Pay and Accounts Rep by its Commissioeer, Kurnool, Kurnool Officer, Kurnool, Kurnool District, Andhra Pradesh ...Respondents circums “ stances stated in the affidavit filed P eased to issue Writ, order or direction Writ of Mandamus admitted gross Thousand Seven of India praying that in the therewith, the High Court may be particularly one in the nature of of the respondents in not paying the -00 (Rupees Thirty Six Lakhs more declaring the action amounts of Rs.36,80,706 Eighty Hundred Six only) due to the 671/GGMP/DySO 1/2022 petitioner proceedings vide Proc.No. District Collector, as per the dated 19.09.2023 of the works Kurnool and as per the petitioner and the Kurnool agreements held for the Municipal Corporation between the respondent No.6 Kurnool i.e., illegal, arbitrary justice and in violation of the Art 14 consequently direct the Rs.36,80,706- contrary to the principles of natural 19 and 21 of the Constitution of India and amount of p a to the respondents to make the 00 forthwith along wi payment of an with an Interest of 24percent petitioner for the above works. lANQ: 1 OF Petition under Section m the affidavit filed i pleased to direct Rs.36,80,706-00 to iAJSIOM OF20^ Between- Kurnool Municipal Corporation District, Andhra Pradesh 151 CPC support of the writ praying that in the ci - circumstances stated petition, the High Court in may be the respondents to i the petitioner. immediately pay pending disposal of this an amount of writ petition. - Pep by its Commissioner, Kurnool, Kurnool AND 1. Shaik Sulthan Miah. S/o. Shaik Nazeer Ahamed, Aged about 43 Years, Occ Contractor, R/o- D.No.80-131-82, Housing Board Colony, Near Registration Office, Kurnool, Kurnool District. 2.The State of Andhra Pradesh, Rep. by Principal Secretary, Dept of Municipal Administration, Secretariat, Velagapudi, Amaravati, Guntur District. 3.The State of Andhra Pradesh, Represented by its Principal Secretary Finance Department Secretariat Buildings, Velagapudi, Amaravati, Guntur District 4.The Commissioner and Director of Municipal Administration Padmini Krishna Enclave, Annapura Nagar, 5th lane, 4/7 Inner Ring Road ’ Gorantia 522034, Guntur, Andhra Pradesh. 5. Andhra Pradesh Center for Financial Systems and Services APCFSS Reo by its CEO, Government of Andhra Pradesh, 6th Floor, C-Block Anianeva Towers, Ibrahimpatnam, Krishna District - 521456. 6. The District Collector, Kurnool District, Andhra Pradesh 7. Pay and Accounts Officer, Kurnool, Kurnool District, Andhra Pradesh Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to grant 'efve to the petitioner herein (Respondent No.6 in writ petition No. 20259 of 2024) to file counter affidavit in the above Writ Petition. Counsel for the Petitioner: SHAIK MOHAMMED ISMAIL Counsel for the Respondents No.1,2: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondents No.2,4,7:GP FOR FINANCE PLANNING Counsel for the Respondent No.5: GP FOR REVENUE Counsel for the Respondent No.6: SRI. P. VENGALA REDDY fhp RAYALASEEMA REGION IN) ' The Court made the following order: APHC010395392024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE SMB [3460] ■> PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20259/2024 Between: 1.SHAIK SULTHAN MIAH, S/0. SHAIK NAZEER AHAMED, AGED ABOUT 43 YEARS, OCC CONTRACTOR, R/0. D.NO.80-131-82, HOUSING BOARD COLONY, NEAR KURNOOL, KURNOOL REGISTRATION OFFICE DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY DEPT OF MUNICIPAL PRINCIPAL SECRETARY, ADMINISTRATION, AMARAVATI, GUNTUR DISTRICT. SECRETARIAT, VELAGAPUDI, 2.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 3.THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, PADMINI KRISHNA ENCLAVE, ANNAPURA NAGAR, 5TH LANE, 4/7 INNER RING ROAD, GORANTLA-522034, GUNTUR,ANDHRAPRADESH. 2 4.ANDHRA PRADESH CENTER FOR FINANCIAL SYSTEMS AND SERVICES APCFSS, REP. BY ITS CEO, GOVERNMENT OF ANDHRA PRADESH, 6TH FLOOR, C- BLOCK, ANJANEYA TOWERS, KRISHNA DISTRICT - 521456. IBRAHIMPATNAM, 5.THE DISTRICT COLLECTOR, KURNOOL DISTRICT, ANDHRA PRADESH 6. KURNOOL MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, ANDHRA PRADESH KURNOOL, KURNOOL DISTRICT, 7. PAY AND ACCOUNTS OFFICER, KURNOOL, KUMOOL DISTRICT, ANDHRA PRADESH ...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 Writ, order or direction more particularly one in the nature Mandamus, declaring the action of the respondents in not paying the admitted gross amounts of Rs.36,80,706-00 (Rupees Thirty Six Lakhs Eighty Thousand Seven Hundred Six only) due to the petitioner as per the proceedings vide Proc.No.671/GGMP/DySO 1/2022, dated 19.09.2023 of the District Collector, Kurnool and as per the agreements held for the works between the petitioner and the Kurnool Municipal Corporation, Kurnool i.e., respondent No.6 as illegal, arbitrary, contrary to the principles of natural justice and in violation of the Art 14, 19 and 21 of the Constitution of India and consequently direct the respondents to make the payment of an amount of Rs.36,80,706- 00 forthwith along with an interest of 24percent p.a to the petitioner for the above works lA NO: 1 OF 2024 of Writ of Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the 3 petition, the High Court may be pleased pleased to direct the respondents to immediately pay an amount of Rs.36,80,706-00 to the petitioner, pending disposal of this writ petition lA NO: 1 OF 2025 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 grant leave to the petitioner herein (Respondent No.6 in petition No. 20259 of 2024) to file counter affidavit in the above Writ Petition and pass Counsel for the Petitioner: 1.SHAIK MOHAMMED ISMAIL Counsel for the Respondent(S): 1.POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region In 2.GP MUNCIPAL ADMN AND URBAN DEVAP 3.GP FOR FINANCE PLANNING The Court made the following: THE HON'BLE SRI JUSTICE NYAPATHY VIJAY W.P.NO.20259 Of 2024 ORDER: This writ petition is filed declaring the action of the Respondents in not releasing the amount of Rs.36,80,706/- payable to the Petitioner in relation to the works done as per Proceeding vide Proc.No.671/GGMP/DySO1/2022 dated 19.09.2023 as arbitrary and illegal. Pursuant to the tender, the Petitioner was allotted works by the 5^*^ Respondent-Collector, who accorded permission of the works under Gadapa Gadapaku Mana Prabhutvam Programme (GGMP) fund. The Petitioner submits that the works were 2. executed within the time specified and was recorded in the Measurement Book. Learned counsel for the Respondent No.6-Corporation filed counter affidavit stating that as per the agreement, the works were completed within the time limit and the amount payable to the Petitioner was Rs.34,12,582/- after making statutory deductions. It is further stated that after completion of works, the Municipal authorities had prepared Bills for payment and due to 3. / / 2 financial priorities, the bills could stated that the Municipal authorities basing on availability of the funds. not be processed. It is also are processing the bills 4. As there is no dispute to the execution of works and amount of Rs.34,12,582/- to the Petitioner, the Writ Petition disposed of, at the stage of admission, with the consent of both sides with the following direction: IS (i) The Respondent authorities are directed to Rs.34,12,582/- i.e. admitted amount due to the Petitioner within a period of four (4) months from today. pay (ii) There shall be no order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. Sd/- K. SRINIVAS ASSISTANt’REGISTRAR SECTION OFFICER //TRUE COPY// To 1. The Principal Secretary, State of Andhra Pradesh, Dept of Municipal Administration, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Principal Secretary, State of Andhra Pradesh, Finance Department Secretariat Buildings, Velagapudi, Amaravati, Guntur District 3. The Commissioner and Director Krishna Enclave, Annapura Nagar 522034, Guntur, Andhra Pradesh. 4. The CEO, Andhra Pradesh Center for APCFSS, Government of Andhra Pradesh, Towers, Ibrahimpatnam, Krishna District 5. The District Collector, Kurnool District, 6. The Commissioner, District, Andhra Pradesh 7. Pay and Accounts Officer, Kurnool 8. One CC to SRI. SHAIK MOHAMMED of Municipal Administration Padmini 5th lane, 4/7 Inner Ring Road, Gorantla- Financial Systems and Services 6th Floor, C-Block, Anjaneya - 521456. Andhra Pradesh Kurnool Municipal Corporation, Kurnool, Kurnool Kurnool District, Andhra Pradesh ISMAIL, Advocate [OPUC] 9. One CC to SRI. POTHAM Rayalaseema VENGALA REDDY (SC For M.Corporation iin region In ),Advocate [OPUC] 10. Two CCs to GP MUNCIPAL Andhra Pradesh at Amaravati [OUT] 11. Two CCs to Pradesh [OUT]; ADMN and urban dev, High Court of GP FOR FINANCE PLANNING High Court of Andhra 12. Two CCs to GP REVENUE, [OUT] 13. Two CD Copies High Court of Andhra Pradesh at Amaravati NM HIGH COURT DATED:25/06/2025 ORDER WP NO. 20259 OF 2024 DISPOSING OF THE WP WITHOUT COSTS