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2025 DAILYLAW 44428 (AP)

SUJITH CONSTRUCTIONS v. THE STATE OF ANDHRA PRADESH

WP/16950/2025 · 2025-08-05

Harinath N

body2025

Judgment text

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1} S ■ APHC010336582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) -J- WEDNESDAY,THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH^ WRIT PETITION NO: 16950 OF 2025 Between; ^jyi/s.Sujith Constructions, Rep., by its Managing Partner, D. Sujith Reddy. S/o.Niranjan Babu Reddy, Aged about 34 years, R/o. D.No.11-1-189, 2nd Line, Santhinagar, Kovur, SPSR Nellore District. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, SPSR Nellore District, Nellore. 3. The Nellore Municipal Corporation, Rep. by its Commissioner, Nellore, Nellore District. 4. The Executive Engineer, Nellore Municipal Corporation Nellore District. 5. The State of Andhra Pradesh, Represented by its Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Guntur District. 6. Pay and Accounts Officer, Nellore, SPSR Nellore District. Nellore, SPSR ...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 a writ or direction or order particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents herein, in withholding the payment for a net amount of Rs. 13,33,890/- (Gross Rs. 14,66,777/-), even after finalizing the bills payable to the petitioner in relation to the work i.e.. Construction of CC Drain from Lakshmi Narayana Medical Shop to Ration via Dr.No.16-4A-106 to 16- 4A-115 via Nandini Nilayam Apartment to Balaji Avenue Apartment at Vaddipalem in Division No. 17 of Nellore Municipal Corporation, Nellore under Gadapa- Gadapaku Mana 1/2023-2024, N0.187/GGMP/JTO- Prabhutvam, vide Agreement Dt.07.09.2023 is illegal and arbitrary apart from violates of Articles 14, 16, 19 and 300-A of The Constitution of India and consequently direct the respondents to consider for payment for a net amount of Rs. 13,33,890/- (Gross Rs. 14,66,777/-), with an interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work., forthwith. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the Fligh Court may be pleased to DIRECT the Respondents to release payment for a net amount of Rs. 13,33,890/- (Gross: Rs. 14,66,777/-) even after finalizing the bills payable to the petitioner in relation to the work i.e., “Construction of CC Drain from Lakshmi Narayana Medical Shop to Ration via Dr.No.16-4A-106to 16-4A-115 via Nandini Nilayam Apartment to Balaji Avenue Apartment at Vaddipalem in Division No. 17 of Nellore Municipal Corporation, Nellore under Gadapa Gadapaku Mana Prabhutvam, vide Agreement No.187/GGMP/JTO-1/2023- 2024, Dt.07.09.2023” with interest @24% per annum for the delayed amount to the petitioner, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI MALIREDDY GOWTHAM Counsel for the Respondent No.1 :GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No.2: GP FOR REVENUE Counsel for the Respondents No.3,4: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS) Counsel for the Respondents No.5,6:GP FOR FINANCE & PLANNING The Court made the following order: APHC010336582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Sr'S [3457] WEDNESDAY,THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16950/2025 Between: SUJITH CONSTRUCTIONS, REP., BY ITS MANAGING PARSER □. SUJITH REDDY, S/O.NIRANJAN BABU YEARS, R/0. D.NO.11-1-189, 2ND LINE, SANTHINAGAR, KOVUR, SPSR NELLORE DISTRICT. 1. ...PETITIONER AND ANDHRA PRADESH, REPRESENTED BY ITS MUNICIPAL ADMINISTRATION AND SECRETARIAT 1.THE STATE OF PRINCIPAL SECRETARY URBAN DEVELOPMENT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. DEPARTMENT, DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, NELLORE. REP. BY ITS 2.THE NELLORE MUNICIPAL CORPORATION, COMMISSIONER, NELLORE, NELLORE DISTRICT. ENGINEER, 3.THE MUNICIPAL NELLORE ,. .L EXECUTIVE CORPORATION, NELLORE, SPSR NELLORE DISTRICT. 5.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 4.THE 6,PAY AND ACCOUNTS OFFICER, NELLORE, SPSR NELLORE DISTRICT. ...RESPONDENT{S); Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith^ the Court may be □leased toPleased to issue a writ or direction or order particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents 1 Rs '3-33.S90/. (Gross Dt07nQ9no'3- •., Agreement No Ifty/r-r-R/iD/ o on. ‘"^9al and arbitrary anprt J ^'^^^^^0-1/2023-2024 and 300-A of The Constitution L Articles 14 16 19 Sr XTT --o-'oTts """ IANO: 1 OF 9no^ 13,33,890/- Per annum for the execution of above pass mentioned Petition under Section 161 ppo . in the affidavit filed in support of the pSfon^t’h h" h ® stated pleased to DIRECT the RespondentsI erteas ® Rs. 13.33,890/-(Gross: Rs. 14,66,777/-) everafrr®"'''°''** net amount of to the petitioner in relation to ihe work i e t Lakshrni Narayana Medical Shop to Ration'via ^Pto «a Nandini Nilayam Apartment to Balaji Avenue “®‘° 16-4A-115 Division No. 17 of Nellore Municipar 00^ , p''^Pdd'PPto'n in Gadapaku Mana Prabhutvam vide^ Aoreem f'r,?' °ddapa 2024, Dt.07,09.2023-With interest ®24Tr ■'®^''2GMP/JTO-1/2023- •0 ote petitioner, pending disposal oftheCp:~ Counsel tor the Petitioner: malireddy gowtham Counsel for the 1-GP FOR REVENUE 2.A S C BOSE (SC FOR 3.GPIVIUNCIPAL ADMN 4 GP for FINANCE PLANNING The Court made the following: amount 1. Respondent(S): municipal corporations AP) and urban dev AP 3 Order:- Learned counsel for the petitioner submits that the petitioner has executed work, as entrusted by the respondents vide Agreement No.187/GGMP/JTO- 1/2023-2024, dated 07.09.2023, 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. It is submitted that, in all, an amount of Rs.13,33,890/- is due and payable by the respondents to the petitioner. Though the M - Book, no amounts have been forth work recorded progress was the in coming. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development; the learned Assistant Government Pleader for Finance & Planning, and the learned Standing Counsel for the Municipality. 3. Considering the submissions, the respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of eight (08) weeks from the date of receipt of a copy of this order. 2. 4. Accordingly, the Writ Petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall stand closed. 5. Sd/- A VIJAYA BABU DEPUTY REGISTRAR //TRUE COPY// SECTI FFICER To, 1 ■ The Principal Secretary, State and Urban Development Guntur District. of Andhra Pradesh, Municipal Administration Secretariat Buildings, Velagapudi, Department, 2. The District Collector, SPSR Nellore 3. The Commissioner, Nellore Municipal Corporation 4. The Executive Engineer, Nellore Nellore District. District, Nellore. Nellore, Nellore District. Nellore, SPSR Municipal Corporation, 5. The Principal Secretary, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Guntur District. 6. The Pay and Accounts Officer, Nellore, r 7. One CC to SRI. MALIREDDY GOWTHAM 8. Two CCs to GP FOR REVENUE Finance Department, SPSR Nellore District. , Advocate [OPUC] High Court of Andhra Pradesh [OUT] (SC FOR MUNICIPAL CORPORATIONS 9. One CC to SRI. A S C BOSE, AP) Advocate [OPUC] 10. Two CCs to GP MUNCIPAL Andhra Pradesh [OUT] 11. Two CCs to GP FOR FINANCE Pradesh [OUT] 12. Two CD Copies ADMN AND URBAN DEV, High Court of & PLANNING, High Court of Andhra nm HIGH COURT % DATED:06/08/2025 ORDER WP NO. 16950 OF 2025 r fi % DISPOSING OF THE WP WITHOUT COSTS