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2025 DAILYLAW 46753 (AP)

A SIVA SANKAR REDDY v. THE STATE OF ANDHRA PRADESH

WP/30365/2024 · 2025-10-15

Harinath N

body2025

Judgment text

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APHC010571092024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 30365 OF 2n9d Between: A. Siva Sankar Reddy. S/o. Obut Reddy, Aged: years, R/o.Sapthgiri Colony, Mini bypass Road, Nellore, SPS Nellore District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its 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 Venkatagiri Municipality, Rep by its Commissioner, Venkatag SPSR Nellore District. 5. The Superintending Engineer, Public Health Circle, SPSR Nellore District. 6. The Executive Engineer, Public Health Special Nagar, SPSR Nellore District. 7. The Deputy Executive Engineer, Public Health Magunta Nagar, SPSR Nellore District. in. Magunta Nagar, Division, Magunta Special Division, 8. The Commissioner, Venkatagiri Municipality, Venkatagiri, SPSR Nellore 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 an appropriate writ, order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the responder herein in non-compliance of amount payable Rs. 25,93,610 vide ref Measurement Books MB Nos. 132 and 138/2019-20 vide Agt No. 137/2019-20, dt. 03.03.2020 for the works Venkatagiri Municipality -Providing CC Road from old Panchayat Office to Burial Ground and in Municipal Office Premises in 5th Ward Venkata Giri, SPS Nellore District and for above said work till today bills amounts are not releasing to the petitioner vide supplementary slip of agreement vide Agt.No.32/2021-22, dated 30.03.2022 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 payable Rs. 25,93,610 vide ref Measurement Books MB Nos. 132 and 138/2019-20 vide Agt No. 137/2019-20, dt. 03.03.2020 for the works Venkatagiri Municipality -Providing CC Road from old Panchayat Office to Burial Ground and in Municipal Office Premises in 5th Ward, Venkata Giri, SPS Nellore District and for above said work till today bills amounts are not releasing to the petitioner vide supplementary slip of agreement vide Agt.No.32/2021-22, dated 30.03.2022 along with 24% interest p/a . 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 contract agreement amount payable Rs. 25,93,610 vide ref Measurement Books MB Nos.132 and 138/2019-20 vide Agt No. 137/2019-20, dt. 03.03.2020 for the works Venkatagiri Municipality - Providing CC Road from old Panchayat Office to Burial Ground and i Municipal Office Premises in 5th Ward. Venkata Giri, SPS Nellore District and for above said work till today bills amounts are not releasing to the petitioner vide supplementary slip of agreement 30.03.2022 along with 24% interest p/a pending disposal of the above writ petition. in 4^^ vide Agt.No.32/2021-22, dated Counsel for the Petitioner: SRI JAVA PRAKASH MADASU Counsel for the Respondent Nos.1,3 & 5 to 7:GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2:GP FOR FINANCE PLANNING Counsel for the Respondent Nos.4 & 8: SRI G. LAKSHMINARAYANA, SC FOR MUNICIPALITIES The Court made the following order: > APHC010571092024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0:^0m [3457] .■vr THURSDAY.THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 30365/2024 Between: AGED. YEARS, NELLORE, SPS 1.A SIVA SANKAR REDDY, S/0 OBUL REDDY, R/O.SAPTHGIRI COLONY, MINI BYPASS ROAD NELLORE DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL MUNICIPAL ADMINISTRATION SECRETARIAT, SECRETARY TO GOVERNMENT AND URBAN DEVELOPMENT DEPARTMENT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, VELAGAPUDI, AT AMARAVATI GUNTUR DISTRICT. 3.THE DISTRICT COLLECTOR, NELLORE NELLORE DISTRICT. SECRETARIAT 4.THE VENKATAGIRI MUNICIPALITY, REP BY ITS COMMISSIONER VENKATAGIRI, SPSR NELLORE DISTRICT. 5.THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE, MAGUNTA NAGAR, SPSR NELLORE DISTRICT. j 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. 2 8.THE COMMISSIONER VENKATAGIRI, SPSR NELLORE MUNICIPALITY. ...RESPONDENT(S): Te ein in^non :="t“H'r= =s= today hilic ’ Gllore District and for above said work till Oday bills amounts are not releasing to the petitioner vide supplementary slio of agreement vide Agt.No.32/2021-22 dated 30 03 2020 slip unreasonable, unjust, void and contrary to the provisions estabL'hed "'''' and violative of Articles 14 and 21 of Constitution ““ wa^r°ri, It?“ dated 30,03.2022 along with 24 percent interest p/a and to more particularly one responder ref by law of India and consequently pass lA NO: 1 OF ?n9A and 138/2019-20 vide Agt No, 137/2019-20 dt 03 03 2020 for .h ! Venkatagiri Municipality -Providing CC Road fmm nin d u ^ ^ Burial Ground and in Municipal Office P^emtlsTn 3th TArn T' *° SPS Neliore District and for alve^ releasing to the petitioner vide supplementary slip of Agt.No.32/2021-22, dated 30.03.2022 along with 24 pending disposal of the above writ petition amounts are not agreement vide interest p/a percent and to pass 3 A Counsel for the Petitioner; 1.JAYA PRAKASH MADASU Counsel for the Respondent(S): I.Gudapati Lakshminarayana SC For Municipalities in Rayalaseema Region 2.GP MUNCIPAL ADMN AND URBAN DEV AP 3.GP FOR FINANCE PLANNING The Court made the following: Order:- r The learned counsel for the petitioner submits that the petitioner awarded the work of Providing CC Road from Old Panchayat Office to Burial ground and in Municipal Office premises in 5' was Ward of Venkatagiri Municipality, SPSR Nellore District vide an agreement No. 137/2019-20, dated 03.03.2020. 3. The learned counsel further submits that the petitioner duly executed the work and thereafter submitted the final bills for Rs.25.93,610/-. It is submitted that the said final bills were duly endorsed by the competent authority. A statement detailing the work executed by petitioner was also prepared progress of the work M-book. However, in spite of the completion of all procedural formalities, the payment towards the completed work has not been released till date. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration Development, the learned Standing Counsel for the Municipality, and the learned Assistant Government Pleader for Finance and Planning. It IS stated in the counter filed by the 4^^ respondent that the bills could not be paid on account of financial constraints. It is further stated that the petitioner will be paid soon after the release of the budget to the 4*^ respondent Municipality, it is also submitted that the bills due and payable to the petitioner are admitted. During the course of hearing, the learned an amount of the 'll was recorded in the 4. & Urban 5. 5 Standing Counsel appearing for the submissions made by the petitioner wi Municipality does not dispute with respect to the completion of the work the undertaken. 6. Considering the submissions, there the payments a period of six (06) weeks from the shall be a direction to the expeditiously as possible date of receipt of a copy respondents to verify and release preferably within as of this order. 7. Accordingly, this Writ Petition iIS disposed off. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any,^shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// V SECTION OFFICER To, 1. The Principal Secretary to Government Urban Development Department Municipal Administration and State of Andhra Pradesh, Secretariat Velagapudi, Amaravati, Guntur District. 2. The Principal Secretary, Department of Finance, State of Andhra adesh. Secretariat, Velagapudi. At Amaravati Guntur District 3. The District Collector, Nellore Nellore District. 4. The Commissioner, Venkatagiri Municipality, Venkatag District. iri, SPSR Nellore 5. The Superintending Engineer SPSR Nellore District. 6. The Executive Engineer, Nagar. SPSR Nellore District. - Public Health Circle, Magunta Nagar, Public Health Special Division, Magunta 7. The Deputy Executive Engineer, Magunta Nagar, SPSR Nellore District. 8. The Commissioner, Venkatagiri Municipality, Venkatagiri, SPSR Nellore District. 9. One CC to Sri Jaya Prakash Madasu, Advocate [OPUC] 10. One CC to Sri G. Lakshminarayana, SC for Municipalities [OPUCJ 11. Two CCS to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 12. Two CCs to GP for Finance Pradesh [OUT] 13. Two CD Copies. Public Health Special Division, and Planning, High Court of Andhra ssb -t s . HIGH COURT DATED:16/10/2025 ORDER WP No. 30365 OF 2024 0 5 NOV 2025 ' nvntSectiM..^^ & ml <2 9. DISPOSING OF THE W.P. WITHOUT COSTS