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High Court of Andhra Pradesh · body

2025 DAILYLAW 49917 (AP)

SHAIK PEERULLAH v. The State ofAndhra Pradesh

WP/21733/2025 · 2025-08-19

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

a i APHC010420502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT y HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21733 OF 2025 oVV 7 a Between: Shaik Peerullah, S/o. Shaik Kamal Basha, Aged about 29 Years, Occ. Contractor, Resident of D.No. 8/244, Bisimillah Nagar, Kadapa, Y.S.R District ...Petitioner AND The State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buildings, Velagapudi, Guntur District. The State of Andhra Pradesh, rep. by its Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Guntur District. The Kadapa Municipal Corporation, rep by its. Commissioner, Kadapa, Y.S.R District. The Executive Engineer, Kadapa Municipal Corporation, Kadapa, Y.S.R District. The Pay and Accounts Officer, Works Accounts, District. 1. 2. 3. 4. 5. Kadapa, Y.S.R ...Respondents Petition under Article 226 of the Constitution of India is filed 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 inaction of the amounts of Rs.17,51,684/- (Rupees respondents in releasing the net Seventeen Lakhs Fifty One Thousand Six Hundred and Eighty Four only) Rs.17,19,872/- (Rupees Seventeen under CFMS No.2023-2604303, and Lakhs Nineteen Thousand Eight Hundred Seventy Two only) under CFMS No.202352603726, aggregating to a total sum of Rs.34,71,556/- (Rupees T.W^Toi!jr^akhs Seventy One Thousand Five Hundred and Fifty Six only), ,, In ^ c 'I . , tov^dg the ^ork duly executed by me as is arbitrary, illegal, contrary to well- f V t' established legal principles, and violative of and constitutional rights and 300-A of the Constitution of India guaranteed under Articles 14,19,21 and consequently direct the respondents pay the amount of Rs.34,71,556/- (Rupees Thirty Four Lakhs Seventy One thousand Five Hundred and Fifty Six only). lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 take necessary action for payment of an amount of Rs.34,71,556/- (Rupees Thirty Four Lakhs Seventy One Thousand Five Hundred and Fifty Six only) forth\A/ith for which the petitioner is entitled to, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent No. 1: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos. 2 and 5:GP FOR FINANCE PLANNING Counsel for the Respondent Nos. 3 and 4; SRI P VENGAL REDDY SC FORZPP, MPP ANDGP The Court made the following order: APHC010420502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] I WEDNESDAY,THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21733/2025 Between: 1.SHAIK PEERULLAH, S/0. SHAIK KAMAL BASHA, AGED ABOUT 29 YEARS, OCC. CONTRACTOR BISIMILLAH NAGAR, KADAPA, Y.S.R DISTRICT RESIDENT OF D.NO. 8/244, ...PETITIONER AND 1.THE STATE OFANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2.THE STATE OFANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. SECRETARIAT 3.THE KADAPA MUNICIPAL CORPORATION, REP BY ITS.. COMMISSIONER, KADAPA, Y.S.R DISTRICT. 4.THE EXECUTIVE ENGINEER, KADAPA MUNICIPAL CORPORATION, KADAPA, Y.S.R DISTRICT. 5.THE PAY AND ACCOUNTS OFFICER, WORKS ACCOUNTS KADAPA, Y.S.R 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 pleased topleased to issue an appropriate Writ, Order or direction more 2 W.P. No.21733 of 2025 Date of order; 19.08.2025 particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in releasing the net amounts of Rs.17,51,684/- (Rupees Seventeen Lakhs Fifty One Thousand Six Hundred and Eighty Four only) under CFMS No.2023-2604303, and Rs.17,19,872/- (Rupees Seventeen Thousand Eight Hundred Seventy Two only) under CFMS / / Lakhs Nineteen No.2023-2603726, aggregating to a total sum of Rs.34,71,556/- (Rupees Thirty Four Lakhs Seventy One Thousand Five Flundred and Fifty Six only), towards the work duly executed by me as is arbitrary, illegal, contrary to well- established legal principles, and violative of and constitutional rights guaranteed under Articles 14,19,21, and 300-A of the Constitution of India and consequently direct the respondents pay the amount of Rs.34,71,556/- (Rupees Thirty Four Lakhs Seventy One housand Five Hundred and Fifty Six only), forthwith lA NO: 1 OF 2025 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 take necessary action for payment of an amount of Rs.34,71,556/- (Rupees Thirty Four Lakhs Seventy Thousand Five Hundred and Fifty Six only) forthwith for which the petitioner is entitled to, pending disposal of the above Writ Petition Counsel for the Petitioner: 1.PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent(S); 1.POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region In 2.GP MUNCIPAL ADMN AND URBAN DEV AP 3.GP FOR FINANCE PLANNING The Court made the following: Petition One 3 ^4^ W.P. No.21733 of 2025 the HON'BLE SRI JUSTICE HARINATRN WRIT PETITION No.21733 OF 2C)9f^ ORDER: 1. The learned counsel for the petitioner submits executed work as entrusted by the 3 that the petitioner has rd respondent-corporation and submitted final bills. It is submitted that the competent authority has also recorded the Book. It is submitted that progress of work and certified the work in the M- in ail, an amount of Rs.34,71,556/- is due and payable by the respondents to the petitioner. It is submitted that the bills were also uploaded in the CFMS Portal. However , no amounts have been forth coming. 2. Heard the learned counsel for the petitioner, the learned Pleader for Municipal Administration and Government Urban Development; the learned Assistant Government Pleader for Finance & Planning, and the learned Standing Counsel for the respondent-corporation. 3. Considering the submissions, directed to verify and release the the respondents 2 to 5 are hereby payments due payable to the possible preferably within a period of eight (08) weeks from the date of receipt of a copy of this order. 4. Accordingly, the Writ Petition is disposed of. No costs. petitioner as expeditiously as 5. Pending miscellaneous petitions, if any, shall stand closed. Sd/- B. CHITTI JOSEPH assistant registrar //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Development Municipal Administration and Urban Department, State of Andhra Pradesh, Secretariat Buildings, Veiagapudi, Guntur District. / 2. The Principal Secretary, Finance Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 3. The Commissioner, Kadapa Municipal Corporation, District. 4. The Executive Engineer, Kadapa Municipal Corporation, Kadapa, Y.S.R District. 5. The Pay and Accounts Officer, Works Accounts, Kadapa, Y.S.R District. 6. One CC to Sri. Papudippu Sashidar Reddy Advocate [OPUC] 7. One CC to Sri. P Vengal Reddy SC for ZPP, MPP 8. Two CCs to GP for Finance Planning, High Court [OUT] 9. Two CCs to GP for Municipal Admin and Court of Andhra Pradesh [OUT] Two CD Copies / Kadapa, Y.S.R and GP [OPUC] of Andhra Pradesh Urban Development, High 10. GSC HIGH COURT DATED:20/08/2025 ORDER WP NO. 21733 OF 2025 ^8 OCT 20: ^\puni /■'■) 6f)f s DISPOSING THE WP WITHOUT COSTS