DUDEKULA NOOR BASHA v. THE STATE OF ANDHRA PRADESH
WP/25799/2025 · 2025-09-21
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49486 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49486 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
H W S' s H APHC010495502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N / WRIT PETITION NO: 25799 OF 2025 Between: Dudekula Noor Basha, Aged 56 years, S/o. Dudekula Siddaiah, D.No.28-Mig- 48, R/o. Housing board colony, Nandyal Town & Mandal, Nandyal District, Andhra Pradesh-518501. / ...Petitioner AND
1. The State of Andhra Pradesh, Rep by its Principal Secretary Department of Municipal Administration and Urban Development Secretariat Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat, Velagapudi, Amaravathi, Guntur District;
3. The District Collector, Nandyal, Nandyal District. 4. The Nandyal Municipality, Represented by its Commissioner, Nandyal, Nandyal District. 5. The Municipal Engineer, Nandyal Municipality District Nandyal, Nandyal ...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 in withholding the payments of pending amounts of Rs.35,68,946/-, Rs.4,07,365/- totalling Seventy-Six Thousand Three Hundred Eleven Rupees) for the year 2023- 2024, even after finalizing the bills, payable to the petitioner in relation to the works (1). Providing CC Roads and Drain from Saleem Nagar Bridge to Haneef Nagar Masjid in Ward No.30. (2.) Providing CC Roads and Drain from ELSR to Varadarajulu Hospital, Royal Compound in Ward No.30. 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.39,76,311/- (Thirty-Nine Lakhs Seventy-Six Thousand Three Hundred Eleven Rupees) forthwith release the payments of above bill amount along with 12% interest. amount ofRs.39,76,311/- (Thirty-Nine Lakhs an iA 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 release and pay the amounts of Rs.39,76,311/- (Thirty-Nine Lakhs Seventy-Six Thousand Three Hundred Eleven Rupees) release the payments of the bill amount along with 12% interest, pending disposal of the writ petition.
Counsel for the Petitioner: SRI THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondents No.1, 3: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING ^ Counsel for the Respondents No.4, 5: SRI GUDAPATI LAKSHMI NARAYANA, Standing Counsel The Court made the following order:
APHC010495502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25799/2025 Between: ...PETITIONER Dudekula Noor Basha AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1 .THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent(S):
1.GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING The Court made the following:
2 W.P. No.25799 OF 2025 Date of order; 22.09.2025 r THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.25799 OF 2025
ORDER
1. This writ petition is filed aggrieved by the action of the respondents for non-payment of the bills for the works undertaken by the petitioner. 2. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration and Urban Development, the learned Assistant Government Pleader for Finance and Planning, and the learned Standing Counsel for the respondent- corporation. 3. The learned counsel for the petitioner submits that the petitioner has executed the works, viz., (1) Providing CC Roads and Drain from Saleem Nagar Bridge to Haneef Nagar Masjid in Ward No.30, vide agreement No.504/2023-2024, dt. 13.03.2024; and (2) Providing CC Roads and Drain from ELSR to Varadarajulu Hospital, Royal Compound in Ward No.30, vide agreement No.214/2023-2024, dt.05.10.2023, as entrusted by the 4‘''respondent-Corporation. 4. The learned counsel further submits that the petitioner duly executed all the works to the satisfaction of the 4^'' respondent and thereafter submitted final bills for a sum of Rs.39,76,311/-. It is submitted that the progress of the work was recorded in the M book and the bills were approved. However, no payment has been forthcoming. W.p. No.25799 OF 202^ | Date of order; 22.09.2025 I Standing Counsel not dispute the submissions respect to the completion of the
5. During the course of the hearing, the learned appearing for the 4^" respondent does made by the petitioner with undertaken. work
6. Considering the submissions to verify and release the respondents 2 and 4 are hereby directed payments due payable to the petitioner as a period of six (06) weeks expeditiously as possible, preferably within from the date of receipt of a copy of this order. 7. Accordingly, the writ petition is disposed of. No costs. 8. Pending miscellaneous petitions. if any, shall stand qlpised. ASsfsTANT^^^fs?^^^ //TRUE COPY// 0^ To, SECTION OFFICER
1. The Principal Secretary, State of Andhra Municipal Administration Pradesh, Department of and Urban Development Secretariat Velagapudi, Amaravathi, Guntur District
2. The Principal Secretary, State of Andhra Pradesh, Department of Finance and Planning, Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The District Collector, Nandyal, Nandyal District. 4. The Commissioner, Nandyal Municipality, Nandyal, Nandyal District. 5. The Municipal Engineer, Nandyal District Municipality, Nandyal, Nandyal
6. One CC to SRI THATHIREDDY ASHOK SRIVASTAVA Advocate [OPUC]
7. Two CCS to GP FOR MUNCIPAL ADMN AND URBAN DEV, High Court of Andhra Pradesh [OUT]
8.
Two CCS to GP FOR FINANCE AND PLANNING High Court of Andhra Pradesh [OUT]
9. One CC to SRI GUDAPATI LAKSHMI NARAYANA, Standing Counsel for Municipalities [OPUC]
10. Two CD Copies r // gsg
HIGH COURT DATED:22/09/2025
ORDER WP NO. 25799 OF 2025 SI 17 OCT 2025 1%) Co ^SOtjirent Sectiojix*> DISPOSING THE WP WITHOUT COSTS