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2025 DAILYLAW 50268 (AP)

Sri. CH.Naresh, v. The State of Andhra Pradesh,

WP/21687/2025 · 2025-08-18

Harinath N

body2025

Judgment text

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APHC010420762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21687 OF 2025 Between: Sri. Ch. Naresh, S/o.Ch.Ramakrishnaiah, Aged 35 years, 25-02-312, 3'”'^ line. New Military Colony, Vedayapalem, Nellore, SPSR Nellore District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Municipal Administration and Urban Development, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Executive Engineer, Municipal Corporation, SPSR Nellore District. 3. The Nellore Municipal Corporation, Rep. by. Commissioner, SPSR Nellore District. 4. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. ...Respondents Petition under Article 2.26 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. 14,01,966/- ( Fourteen Lakhs, One Thousand Nine Hundred And Sixty Six Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e. /. Construction of cc drains both sides at opp 27-7-103 ram nagar pindimiliu street (nearmonoj curries point to near usmansaheb peta sivalayam in 21031034-Nagalapatta secretariat Div 10 (GGMP Grant),Agreement no. 127/2023-24,date 8.07.2023, 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. 14,01,966/- ( Fourteen Lakhs, One Thousand, Nine Hundred And Sixty Six Rupees only) with interest @ 24 percent per annum for the delayed amount till date of realization for the works executed by the petitioner. lA 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 forthwith consider releasing the amounts Rs. 14,01,966/- ( Fourteen Lakhs, One Thousand, Nine Hundred And Sixty Six Rupees only) payable to the petitioner herein, pending disposal of the writ petition. Counsel for the Petitioner: SRI DEVASRI ROSHAN KANCHARLA Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN AND URBAN DEVELOPMENT Counsel for the Respondents No.2, 3: SRI A.S.C. BOSE, SC FOR MUNICIPAL CORPORATION Counsel for the Respondent No.4: GP FOR FINANCE & PLANNING The Court made the following ord§r: APHC010420762025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21687/2025 Between: 1.SRI. CH.NARESH YEARS,25-02-312,3RD COLONY,VEDAYAPALEM, NELLORE SPSR NELLORE DISTRICT. S/O.CH.RAMAKRISHNAIAH , AGED 35 MILITARY »1 LINE. NEW ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL, ADMINISTRATION AND URBAN DEVELOPMENT, VELAGAPUDI, AMARAVATHI,’gUNTUR. SECRETARIAT BUILDING 2.THE EXECUTIVE ENGINEER, MUNICIPAL CORPORATION , SPSR NELLORE DISTRICT. 3.THE NELLORE MUNICIPAL CORPORATION, REP.BY. COMMISSIONER, SPSR NELLORE DISTRICT. 4.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT OF FINANCE AND PLANNING SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR 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 particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 14,01,966/- ( Fourteen Lakhs, one Thousand ine Hundred And Sixty Six Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e. /. Construction of cc drains both sides at opp 27-7-103 ram nagar pindimiliu street (nearmonoj curries point to near usmansaheb peta sivalayam in 21031034-Nagalapatta secretariat Grant),Agreement no. 127/2023-24,date 8.07.2023, 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. 14,01,966/- ( Fourteen Lakhs, One Thousand, Nine Hundred And Sixty Six Rupees only) with interest @ 24 percent per annum for the delayed amount till date of realization for the works executed by the petitioner lA 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 pleased to direct the respondents to forthwith consider releasing the amounts Rs.14,01,966/- ( Fourteen Lakhs, One Thousand, Nine Hundred And Sixty Six Rupees only) payable to the petitioner herein, pending disposal of the writ petition Counsel for the Petitioner: 1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1.GP MUNCIPALADMN AND URBAN DEVAP 2.GP FOR FINANCE PLANNING The Court made the following: Div 10 (GGMP f THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.21687 OF 2025 ORDER: 1. The learned counsel for the petitioner submits that the petitioner has executed works as entrusted by the respondents vide Agreement No. 127/2023-24, dated 08.07.2023 and submitted final bills. It is submitted that the competent authority has also recorded the progress of work and certified the work in the M-Book. It is submitted that, in all, an amount of Rs.14,01,966/- is due and payable by the respondents to the petitioner. Though the work progress was recorded in the M-Book, no amounts have been forth coming. 2. Heard the submissions of the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration & Urban Development, for the 1 St respondent, the learned standing counsel for respondents 2 and 3 and the learned Assistant Government Pleader for Finance and Planning, for the 4*'^ respondent. 3. Considering the submissions, respondents 2 to 4 are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of six (6) weeks from the date of receipt of a copy of this order. 4. Accordingly, the writ petition is disposed of. No costs. 5. Pending miscellaneous petitions, if any, shall stand closed. Sd/- V SATYANARAYANA DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, The Principal Secretary, Department of Municipal, Administration and Urban Development, State of Andhra Pradesh, Secretariat Building, Velagapudi, Amaravathi, Guntur. 1. tr- 2. The Executive Engineer, Municipal Corporation, SPSR Nellore District. The Commissioner, Nellore Municipal Corporation, SPSR Nellore District. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. One CC to Sri Devasri Roshan Kancharla, Advocate [OPUC] One CC to Sri A.S.C. Bose, SC of Nellore Municipal Corporation [OPUC] Two CCs to GP for Municipal, Administration and Urban Development, High Court of Andhra Pradesh [OUT] Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] Two CD Copies 3. 4. 5. 6. 7. 8. 9. RAM 0 HIGH COURT DATED:19/08/2025 ORDER WP NO. 21687 OF 2025 A /y CCi 20® rc5 qi4'^ E n la DISPOSING OF THE WP WITHOUT COSTS