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2025 DAILYLAW 47725 (AP)

MEKALA SURESH v. THE STATE OF AP

WP/12024/2024 · 2025-09-22

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

,1 APHC010238392024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 12024 OF 2024 Between: Mekala Suresh, S/o. Subba Rao (late), aged about 49 years, Occ; Contractor, R/o 14-59-8, Moris Pet, Tenali, Guntur District. ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Municipal Administration Department, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Represented by its Principal Secretary, A.P Secretariat buildings. A.P Secretariat buildings Department of Finance and Planning Velagapudi, Guntur District. 3. The Andhra Pradesh Housing Corporation Ltd., Plot No 11 and 12 Behind BSNL Telephone Exchange Auto Nagar, Vijayawada, Andhra Pradesh- 520007, Represented by its Managing Director. 4. The Commissioner and Director of Municipal Administration Pradesh at Tadepalli, Guntur District Andhra 5. The District Collector, Guntur District. Collectorate 6. The Project Director, Andhra compound, Guntur. Pradesh Housing Corporation Ltd., Guntur District, Swasakthi building. Collector Bungalow Road,Guntur. 7. The Tenali Municipality, Rep. By its Commissioner, Tenali, Guntur 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 pleased to issue a writ or direction may be more particularly one in the nature of Writ of Mandamus declaring the action of the admitted due respondents in not paying the amount of Rs 68,23,330 (Sixty eight lakhs three thousand three hundred twenty and thirty ) payable to petitioner in relation to 2 works executed for 7threspondent by the petitioner, under agreements Bearing Nos 473/2022-23 (dated 16-03-2023) and 475/2022-23 (dated 16-03-2023), respectively despite finalizing the bills as illegal, arbitrary, unconstitutional and consequently direct the respondents herein to immediately pay the due amount of Rs 68,23,330 (Sixty eight lakhs twenty three thousand hundred and thirty ) payable to three petitioner in relation to above 2 works executed for 7**^ respondent under the said agreements with an interest @ 12% per annum. lA NO: 1 OF 9()9A 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 herein to release the due amount of Rs.68,23,330 (Sixty eight lakhs twenty three thousand payable to petitioner in relation to 2 works agreements Bearing No’s 473/2022-23 (dated 16-03-2023) and 475/2022-23 (dated 16-03-2023),within a stipulated time frame. three hundred and thirty only) executed for 7*^ respondent under Counsel for the Petitioner: SRI SASANKA BHUVANAGIRI Counsel for the Respondent Nos.1,4 & 5:GP FOR MUNICIPAL administration and urban development Counsel for the Respondent No.2:GP FOR FINANCE & PLANNING Counsel for the Respondent Nos.3 & 6: SRI R. KALYAN CHAKRAVARTHY, SC FOR APHCL Counsel for the Respondent No.7:M/s. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES The Court made the following order: f 3 ORDER:- The learned counsel for the petitioner submits that the petitioner has awarded the works of formation of internal road at Pedaravuru-2 (Reach-3) layout at Jagananna Colony in Tenali Municipality vide an Agreement No.473/2022-23, 16.03.2023 and formation of internal road at Pedaravuru-2 (Reach-2) layout at Jagananna Colony in Tenali Municipality (ii) Agreement No.475/2022- 23, dated 16.03.2023. dated 2. The learned counsel further submits that the petitioner duly executed the works and thereafter submitted final bills for an amount of Rs.68,23,330/-. submitted that the said final bills were duly endorsed by the competent It is authority. A statement detailing the works executed by the petitioner was recorded in the of the works was prepared, and the progress M-book. However, in spite of the completion of all procedural formalities, the payment towards the completed works has not been released till date. 3. Heard the submissions of the learned counsel for the petitioner, the Pleader for Municipal Administration & Urban Development, the learned Standing Counsel for the Corporation and the learned Assistant Government Pleader for Finance and Planning. learned Government 4. The learned Standing Counsel appearing for the 7*^ respondent has filed a counter that the completion of the works and the finalization of the bill is not in dispute. However, it is submitted that the learned Standing Counsel appearing 4 for the 7‘^ respondent submits that though the works respondent, the payment has been released by the 6 \ were executed for the 7*'’ th respondent. 5. Considering the submissions, there shall to 7 to verify and release the a direction to respondent Nos.2 payments due payable to the petitioner expeditiously as possible, preferably within a period of six (06) weeks from the date of receipt of a copy of this order. as 6. Accordingly, this writ petition is disposed off. There shall to costs. be no order as As a sequel, interlocutory applications pending, if any, shall stand closed. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Principal Secretary, Municipal Administration Department, State of Andhra Pradesh District. 2. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, District. 3. The Managing Director, Andhra Pradesh Housing Corporation Ltd No. 11 and 12 Behind BSNL Telephone Exchange Auto Nagar, Vijayawada, Andhra Pradesh- 520007. 4. The Commissioner and Director of Municipal Administration Pradesh at Tadepalli, Guntur District 5. The District Collector, Guntur District, Collectorate compound, Guntur. 6. The Project Director, Andhra Pradesh Housing Corporation Guntur District, Swasakthi building. Collector Bungalow Road,Guntur. 7. The Commissioner, Tenali Municipality, Tenali, Guntur District. A.P Secretariat buildings. Velagapudi, Guntur A.P Secretariat buildings Velagapudi, Guntur Plot Andhra Ltd. f 8. One CC to Sri Sasanka Bhuvanagiri, Advocate [OPUC] 9. One CC to Sri R. Kalyan Chakravarthy, SC for APHCL[OPUC] 10. One CC to M/s. Sireesha Rani Vallabhaneni, SC For Municipalities [OPUC] 11. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 12. Two CCs to GP for Municipal Administration and Urban High Court of Andhra Pradesh. [OUT] 13. Two CD Copies. Development, ssb a HIGH COURT DATED:23/09/2025 ORDER WP No. 12024 OF 2024 DISPOSING OF THE W.P. WITHOUT COSTS