IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV. (Special Original Jurisdiction) a WEDNESDAY, THE SECOND DAY OF APRIL |$ TWO THOUSAND AND TWENTY FIVE Oo PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24281 OF 2023 Between: Mohammed Avez Baig, S/o. Md. Asraf Baig, Occ: Class-IV, Civil Contractor Works, R/o. D.No.16-8-288, Flat No.501, Vaishnavi Pyales, Mutyalapalem Road, Ramalingapuram, Dargamitta, SPSR Nellore District. ...PETITIONER AND 1. The State of Andhra Pradesh, Principal Secretary to Government, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance, Secretariat, Velagapudi, At Amaravati Guntur District. 3. The District Collector, Nellore, Nellore District. 4. The Commissioner, Venkatagiri Municipality, Venkatagiri, SPSR Nellore District. 5. The Superintending Engineer, Public Health Circle, Magunta Nagar, SPSR Nellore District. 6. The Executive Engineer, Public Health Special Division, Magunta Nagar, SPSR Nellore District. 7. The Deputy Executive Engineer, Public Health Special Division, Magunta Nagar, SPSR Nellore District. ...RESPONDENTS A ^etijion under Article 226 of the Constitution of India praying that in ’ thejjl^nnst^nces stated in the affidavit filed therewith, the High Court may to issue an appropriate writ, order or Direction, more particularly one iS'Jfe.mature of WRIT OF MANDAMUS, declaring the action of the respondent's herein in non-compliance of Measurement Books vide MB No.40/2020-21 for the works executed by the petitioner i.e.. Construction of Compound Wall to the open space in Sy.No.115 left for development of park, near substation, NTR Colony, in Ward No.6, Venkatagiri Municipality, SPSR Nellore District pursuant to the agreement vide Agt No.67/2020-21, dt. 11.02.2021 and supplementary slip of agreement vide Agt.No.25/2022- 23, dated 25.11.2022 as illegal, arbitrary, unreasonable, unjust, void and contrary to the provisions established by law and violative of Articles 14 and 21 of Constitution of India and consequently direct the respondents to release the contract agreement amount in compliance of the Measurement Books vide MB No.40/2020-21 for the works executed by the petitioner i.e.. Construction of Compound Wall to the open space in Sy.No.115 left for development of park, near substation, NTR Colony, in Ward No.6, Venkatagiri Municipality, SPSR Nellore District pursuant to the agreement vide Agt.No.67/2020-21, dt: 11.02.2021 and supplementary slip of agreement vide Agt.No.25/2022-23, dated 25.11.2022. lA No: 1 OF 2023 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 contract agreementamount in compliance of the Measurement Books vide MB No.40/2020-21 for the works executed by the petitioner i.e.. Construction of Compound Wall to the open space in Sy.No.115 left for development of park, near substation, NTR Colony, in Ward No.6, Venkatagiri Municipality, SPSR Nellore District pursuant to the agreement vide Agt No.67/2020-21, dt. 11.02.2021 and supplementary slip of agreement vide Agt.No.25/2022-23, dated 25.11.2022 pending disposal of the Writ Petition. J Counsel for the Petitioner: SRI JAVA PRAKASH MADASU Counsel for the Respondent Nos.1, 3, 5 to 8: GP FOR MUNICIPAL ADMN & URBAN DEV Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING Counsel for the Respondent No.4: SRI GUDAPATI LAKSHMINARAYANA, SC FOR MUNICIPLAITIES IN RAYALASEEMA REGION The Court made the following: ORDER 4<. APHC010448912023 THE HIGH COURT OF ANDHRA PRADESH at AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE NYAPATHY VIJAY VAIPIT PFTITION NO: 24281/2023 IN [3460] 0*0 0 THE Between: Mohammed Avez Baig ...PETITIONER AND ...RESPONDENT(S) State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.JAYA PRAKASH MADASU Counsel for the Respondent(S): 1.GP FOR FINANCE PLANNING 2.GP FOR MUNCIPAL ADMN URBAN DEV 3.Gudapati Lakshminarayana SC For Municipalities in Rayalaseema Region The Court made the following: The THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.24281 of 2023 ORDER: The present Writ Petition is filed questioning the action of the Respondents in not complying the M. Book vide MB No.40/2020-21 for the works executed by the Petitioner i.e. Construction of Compound Wall to the open space in Sy.No.115 left for development of park, near Sub-Station, NTR Colony, Ward No.6, Venkatagiri Municipality, SPSR Nellore District pursuant to Agreement No.67/2020-21, dated 11.02.2021 and Supplementary Slip of Agreement vide Agt.No.25/2022-23, dated 25.11.2022, as illegal and arbitrary. 1. \ \ 2. Heard Sri Jayaprakash Madasu, learned counsel for the Petitioner and Sri Gudapati Lakshminarayana, learned Standing Counsel appearing for the Respondent No.4-Municipality. 3. The learned counsel for the Petitioner submits that Petitioner had completed the work within the time prescribed and the amounts are not being paid in spite of repeated demands. Hence, the present Writ Petition is filed. The learned Standing Counsel for the Respondent No.4- Municipality passed on the written instructions signed by the Commissioner, Venkatagiri Municipality, wherein it was mentioned that the Municipal authorities have prepared the bill as per the work done by the Petitioner and the same was uploaded in CFMS portal for making payment, but the bill amount was not being paid due to insufficient funds and whenever the funds released, the amount due to the Petitioner will be paid. 4. 2 \ 5. As there is no dispute with regard to the the amounts due to the Petitioner, at the stage of admission by placing the written i direction; execution of work and the Writ Petition is disposed of, with the consent of both sides counsel instructions on record, with the following (i) The Respondent authorities amounts due to the Petitioner within months from today. There shall be no order as to costs. As applications, if any, shall stand closed. are directed to pay the a period of four (4) a sequel, pending Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// / SECTION OFFICER To, 1. The Principal Secretary to Government, Municipal Administration & Urban Development Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Principal Secretary, Department of Finance, State of Andhra Pradesh Secretariat, Velagapudi, Amaravati Guntur District. 3. The District Collector, Nellore, Nellore District. 4. The Commissioner, Venkatagiri Municipality, Venkatagiri, SPSR Nellore District. 5. The Superintending Engineer, Public Health Circle, Magunta Nagar, SPSR Nellore District. 6. The Executive Engineer, Public Health Special Division, Magunta Nagar, SPSR Nellore District. The Deputy Executive Engineer, Public Health Special Division, Magunta Nagar, SPSR Nellore District. 8. One CC to Sri Jaya Prakash Madasu, Advocate [OPUC] 9. Two CCs to GP for Municipal Admn & Urban Dev, High Court of Andhra Pradesh. [OUT] 10. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT] 11. One CC to Sri Gudapati Lakshminarayana, SC for Municipalities in Rayalaseema Region. [OPUC] 12. Three CD Copies. 7. gi HIGH COURT gi DATED:02/04/2025 ORDER WP.No.24281 of 2023 I \im ‘2, iOfSPAtCj^ petition stage of admission WITHOUT COSTS