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2025 DAILYLAW 48121 (AP)

Nagireddy Chandra Sekhar Reddy, v. The State of Andhra Pradesh

WP/21647/2024 · 2025-09-07

Harinath N

body2025

Judgment text

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1 APHC010422272024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21647/2024 Between: 1. NAGIREDDY CHANDRA SEKHAR REDDY,, S/O. VENKU REDDY AGE 63 YEARS, OCC CONTRACTOR R/O. JUVVALAPALEM VILLAGE, NAIDUPETA MANDAL SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT SECRETARIAT ,VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE COMMISSIONER AND DIRECTOR MUNICIPAL ADMINISTRATION, A.P., GORANTLA, GUNTUR DISTRICT. 4. THE NAIDUPETA MUNICIPALITY, NAIDUPETA, TIRUPATI DISTRICT. REP BY ITS COMMISSIONER 5. THE ASSISTANT EXECUTIVE ENGINEER, NAIDUPETA MUNICIPALITY NAIDUPETA, TIRUPATI DISTRICT ...RESPONDENT(S): 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 2 pleased topleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents in not releasing payment for the bills to the petitioner for the works executed by him namely i.e. i) Construction of CC Road and Drain from Door No. 3-6-120 (Old Honda Showroom) to Door No. 3-6-120 at Venkateswara Puram, in Ward No. 10 under SCSP Grant 2019-20 for an amount of Rs.2,66,000/-. ii) Construction of CC Road from Ankaiah House Door No. 6-3-51 to Main Beedi Colony Road under Agreement No. 103/2019-20, Dated 17.03.2020 for an amount of Rs. 2,20,000/-, iii) Construction of Internal CC Side drains at Mangapathi Naidu Nagar (Backside Mahila Mandali), in Ward No. 23 under agreement No. 117/2019-20, Dated 24.03.2020 for an amount of Rs. 1,00,962/-, iv) Construction CC side drain from ankaiah House Door No. 6-3- 51 Main beedi Colony Raod in Ward No. 19 under agreement No. 14/2019- 20, Dated. 07.02.2020 for an amount of Rs. 50,000/-, v) Construction of CC Road from Door No. 1-3-166 to Door No. 1-3-162, at Rajiv Ghandhi Colony in Ward No. 25 under agreement No. 116/2019-20, Dated 24.03.2020 for an amount of Rs. 2,30,000/-, and vi) Construction of CC side Drain from Jaihind Colony Culvert to Door No. 6- 6-120 (Balaji Garden) in Ward No. 21 under agreement No. 13/2019-20, Dated 17.02.2020 for an amount of Rs. 1,70,000/- as illegal, arbitrary, malafidy, high-handed, and contrary to the procedure established by law apart from being voilative of Articles 14 and 19 (1) (g) of the Constitution of India and consequentially direct the respondents to release the payment of above bill along with interest forthwith in the interest of justice IA 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 pleased to direct the respondents to pay the bill of the petitioner for the works executed by him namely i.e. I) Construction of CC Road and Drain from Door No. 3-6¬120 (Old Honda Showroom) to Door No. 3-6-120 at Venkateswara Puram, in Ward No. 10 under SCSP Grant 2019-20 for an amount of Rs.2,66,000/- . ii) Construction of CC Road from Ankaiah House Door No. 6-3- 51 to Main Beedi Colony Road under Agreement No. 10312019-20, Dated 17.03.2020 for an amount of Rs. 2,20,0001-, iii) Construction of Internal CC Side drains at Mangapathi Naidu Nagar (Backside Mahila Mandali), in Ward No. 23 under agreement No. 117/2019-20, Dated 24.03.2020 for an amount of Rs. 1,00,962/-, iv) Construction CC side drain from ankaiah House Door No. 6¬3-51 Main beedi Colony Raod in Ward No. 19 under agreement No. 14/2019-20, Dated. 07.02.2020 for an amount of Rs. 50,000/-, v) Construction 3 of CC Road from Door No. 1-3-166 to Door No. 1-3-162, at Rajiv Ghandhi Colony in Ward No. 25 under agreement No. 116/2019-20, Dated 24.03.2020 for an amount of Rs. 2,30,000/-, and vi) Construction of CC side Drain from Jaihind Colony Culvert to Door No. 6-6-120 (Balaji Garden) in Ward No. 21 under agreement No. 13/2019-20, Dated 17.02.2020 for an amount of Rs. 1,70,000/-, pending disposal of the Writ Petition Counsel for the Petitioner: 1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. Gudapati Lakshminarayana SC For Municipalities in Rayalaseema Region 3. GP FOR FINANCE PLANNING 4 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21647 of 2024 ORDER: 1. The learned counsel for the petitioner submits that the respondent - Corporation had invited tenders for the works viz., (i) Construction of CC Road and Drain from Door No.3-6-120 (Old Honda Showroom) to Door No.3-6-120 at Venkateswara Puram in Ward No.10 under SCSP Grant 2019-20 for an amount of Rs.2,66,000/- (ii) Construction of CC Road from Ankaiah House Door No.6-3-51 to Main Beedi Colony Road under Agreement No.103/2019-20 Dated 17.03.2020 for an amount of Rs.2,20,000/- (iii) Construction of Internal CC Side drains at Mangapathi Naidu Nagar Backside Mahila Mandali in Ward No.23 under agreement No.117/2019-20 Dated 24.03.2020 for an amount of Rs.1,00,962/- (iv) Construction CC side drain from ankaiah House Door No.6-3-51 Main beedi Colony Raod in Ward No.19 under agreement No.14/2019-20 Dated 07.02.2020 for an amount of Rs.50,000/- (v) Construction of CC Road from Door No.1-3-166 to Door No.1-3-162 at Rajiv Ghandhi Colony in Ward No.25 under agreement No.116/2019-20 Dated 24.03.2020 for an amount of Rs.2,30,000/- and (vi) Construction of CC side Drain from Jaihind Colony Culvert to Door No.6-6-120 Balaji Garden in Ward No.21 under agreement No.13/2019-20 Dated 17.02.2020 for an amount of Rs.1,70,000/- respectively. 2. The learned counsel further submits that the petitioner duly executed all the works and thereafter submitted final bills. It is submitted that the final 5 bills were duly endorsed by the competent authority. A statement detailing the works executed by the petitioner was prepared, progress of the work was recorded in the M-book and the final quality certificates were also issued in confirmation of due completion. 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 learned Government Pleader for Municipal Administration & Urban Development, the learned Standing Counsel for the Corporation and the learned Assistant Government Pleader for Finance and Planning. 4. During the course of hearing, the learned Standing Counsel appearing for the Corporation does not dispute the submissions made by the petitioner with respect to the completion of the work undertaken. 5. Considering the submissions, respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of four (04) weeks from the date of receipt of a copy of this order. 6. Accordingly, the writ petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:08.09.2025 NKA 6 217 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21647 of 2024 Date: 08.09.2025 NKA