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2025 DAILYLAW 46532 (AP)

J SURESH v. THE STATE OF ANDHRA PRADESH

WP/21689/2025 · 2025-08-18

Harinath N

body2025

Judgment text

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i APHC010420382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS TUESDAY,THE NINETEENTHDAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21689 OF 2025 Between: J Suresh, S/o. J. Koteswara Rao , Aged. 46 years, D.No.24-2- 812,Kranthi Nagar, Dargamitta, Nellore, SPSR Nellore District. ...Petitioner AND 1. The State Of Andhra Pradesh, Rep. by its Principal Secretary, Administration and Urban Development, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Executive Engineer, Municipal Corporation , SPSR Nellore District. 3. The Nellore Municipal Corporation, Rep.by. Commissioner, Nellore District. 4. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning Velagapudi, Amaravathi, Guntur District. Department of Municipal, SPSR Secretariat Buildings, ...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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents withholding the payments of pending amounts of Rs. 27,30,699/- in (Twenty i Seven Lakhs, Thirty Thousand Six Hundred And ninety Nine Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e.' /, Laying of cc road from pole no.CG15/A9 To CG15/A9-2 Near JSK KATA AT Division 07 under GGMP Grant Agreement no.246/JTO-l /2023-24 ,Dt.08- 10-2023,II.Upgradation of cc Road from kruthi Apartment to UPHC in Division 07/7/2 sachivalayam) under GGMP Grant Agreement no.69/2023- 24,date.30.5.2023.,'as bad ,illegal, arbitrary, improper, unjust and against the Article 21 of constitution of India and consequently direct the respondents to pay the amounts of Rs. 27,30,699/- (Twenty Seven Lakhs, Thirty Thousand Six Hundred And ninety Nine Rupees only) with interest @ 24percent per annum for the delayed amount till date of realization for the works executed by the petitioner. 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 to direct the respondents to forthwith consider releasing the amounts Rs. 27,30,699/- (Twenty Seven Lakhs, Thirty Thousand Six Hundred And ninety Nine Rupees only) payable to the petitioner herein, pending disposal of the writ petition. Counsel for the Petitioner: SRI DEVASRI ROSHAN KANCHARLA Counsel for the Respondent Nos.1 to 3: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondent No.4: GP FOR FINANCE PLANNING The Court made the following order: APHC010420382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21689/2025 Between: 1.J SURESH, S/0. J. KOTESWARA RAO , AGED. 46 YEARS, D.N0.24-2-812,KRANTHI NAGAR, DARGAMITTA, NELLORE, SPSR NELLORE DISTRICT. ...PETITIONER AND 1 .THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL, ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2.THE EXECUTIVE ENGINEER, MUNICIPAL CORPORATION , SPSR NELLORE DISTRICT. 3.THE NELLORE MUNICIPAL CORPORATION, REP.BY. COMMISSIONER, SPSR NELLORE DISTRICT. 4.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIATBUILDINGS,VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENTS W.P. NO.21689OF2025 Date of order:19.08.2025 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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 27,30,699/- (Twenty Seven Lakhs, Thirty Thousand Six Hundred And ninety Nine Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e.' /, Laying of cc road from pole no.CG15/A9 To CG15/A9-2 Near JSK KATA AT Division 07 under GGMP Grant Agreement no.246/JTO-l /2023-24 ,Dt.08- 2023,II.LIpgradation of cc Road from kruthi Apartment to UPHC in Division no.09/2023- unjust and against the consequently direct the respondents to pay the 27,30,699/- (Twenty Seven Lakhs, Thirty Thousand Six Hundred And ninety Nine Rupees only) with interest @ 24percent per annum for the delayed amount till date of realization for the works executed by the petitioner and pass lA NO: 1 OF 2025 Petition under Section 151 CPC stated in the affidavit filed in support of the petition, the High Court may be pleased leased to direct the respondents to forthwith consider releasing the amounts Rs. 27,30,699/- (Twenty Seven Lakhs, Thirty Thousand Six Hundred And ninety Nine Rupees only) payable to the petitioner herein, pending disposal of the writ petition and pass Counsel for the Petitioner: 1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEVAP 2.GP FOR FINANCE PLANNING The Court made the following: 10- 07/7/2 sachivalayam) under GGMP Grant Agreement 24,date.30.5.2023.,'as bad ,illegal, arbitrary, improper. Article 21 of constitution of India and amounts of Rs. praying that in the circumstances 3 W.P. No.21689 OF 2025 Date of order:19.08.2025 t THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.21689 OF 2025 ORDER 1. The learned counsel for the petitioner submits that the petitioner has executed works as entrusted by the respondents vide agreement No.246/GGMP/2023-24. dated 08.10.2023 and [. agreement No.69/2023-24, dt.30.05.2023 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.27,30,699/- is due and payable by the respondents to the petitioner. Though the work progress was recorded in the M-Book, no amounts have been forth coming. 2. Heard the submissions of the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration & Urban Development, for the 1®‘ respondent, the learned standing counsel for respondents 2 and 3 and the learned Assistant Government Pleader for Finance and Planning, for the 4*^ respondent. 3. Considering the submissions, respondents 2 to 4 are hereby directed to verify and release the payments due payable to the 4 W.P. No.21689 OF 2025 Date of orcler:19.08.2025 petitioner as expeditiously as possible preferably within a period of six (6) weeks from the date of receipt of a copy of this order. 4. Accordingly, the writ petition is disposed of. No costs. 5. Pending miscellaneous petitions, if any, shall stand closed. SD/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTIO^FFICER To, 1. The Principal Secretary, Department of Municipal, Administration and Urban Development, Amaravathi, Guntur. 2. The Executive Engineer, Municipal Corporation , SPSR Nellore District. 3. The Commissioner, Nellore Municipal Corporation, SPSR Nellore District. Secretariat Building, Velagapudi, 4. The Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 5. One CC to SRI. DEVASRI ROSHAN KANCHARLA Advocate [OPUC] 6. Two CCs to GP for Municipal Admn and Urban Dev, High Court of Andhra Pradesh [OUT]. 7. Two CCs to GP FOR FINANCE PLANNING High Court of Andhra Pradesh [OUT] 8. Two CD Copies. AL TL HIGH COURT DATED:19/08/2025 ORDER WP NO. 21689 OF 2025 o = c J OCT 2I?5 9:^ . Current Section ^ DISPOSING OF THE W.P. WITHOUT COSTS