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High Court of Andhra Pradesh · body

2025 DAILYLAW 56225 (AP)

K SANDEEP NAIDU v. THE STATE OF ANDHRA PRADESH

WP/32459/2025 · 2025-11-21

Harinath N

body2025

Judgment text

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APHC010624282025 IN THE HIGH COURT OF ANDHRA PRADESH SATURDAY,THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: Between: 1. K SANDEEP NAIDU, S/O K RAVI PRAKASH NAIDU, AGED ABOUT 37 YEARS, OCC CONTRACTOR, R/O NANDYAL TOWN, NANDYAL DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AM PRADESH. 3. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, VADDESWARAM VILLAGE, MANGALAGIRI, ANDHRA PRADESH 4. THENANDYAL MUNICIPALITY, REP. BY ITS COMMISSIONER, NANDYAL, NANDYAL DISTRICT, ANDHRA 5. THE DISTRICT COLLECTOR, NANDYAL, NANDYAL DISTRICT, 6. THE EXECUTIVE ENGINEER, NANDYAL MUNICIPALITY, NANDYAL, NANDYAL DISTRICT, ANDHRA PRADESH. 7. THE DEPUTY EXECUTIVE ENGINEER, NANDYAL MUNICIPALITY, NANDYAL, NANDYAL DISTRICT, ANDHRA 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 respondents in not releasing the 1st and Finalbill amounts mounting to Rs. 8,54,194/-, Rs.8,55,244/- admittedly due to the petitioner despite the successf terms of the (i)agreement No. 464/2023 of Providing of CC Road from Digital D.No. APNL Kumar Reddy House at Housing board colony in Ward no.18 under GGMP.(ii)agreement No. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SATURDAY,THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 32459/2025 K SANDEEP NAIDU, S/O K RAVI PRAKASH NAIDU, AGED ABOUT 37 YEARS, OCC CONTRACTOR, R/O NANDYAL TOWN, NANDYAL ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, VADDESWARAM VILLAGE, MANGALAGIRI, ANDHRA PRADESH THENANDYAL MUNICIPALITY, REP. BY ITS COMMISSIONER, NANDYAL, NANDYAL DISTRICT, ANDHRA PRADESH. THE DISTRICT COLLECTOR, NANDYAL, NANDYAL DISTRICT, THE EXECUTIVE ENGINEER, NANDYAL MUNICIPALITY, NANDYAL, NANDYAL DISTRICT, ANDHRA PRADESH. THE DEPUTY EXECUTIVE ENGINEER, NANDYAL MUNICIPALITY, NANDYAL, NANDYAL DISTRICT, ANDHRA PRADESH ...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 respondents in not releasing the 1st and Finalbill amounts mounting to Rs. - and Rs.8,67,628/- a total of Rs.25,77,066/ admittedly due to the petitioner despite the successful completion of work in terms of the (i)agreement No. 464/2023- 2024, Dated 02.03.2024for the work of Providing of CC Road from Digital D.No. APNL-NG1-227 to P Sudheer Kumar Reddy House at Housing board colony in Ward no.18 under GGMP.(ii)agreement No. 460/2023- 2024, dated 02.03.2024 for Providing of IN THE HIGH COURT OF ANDHRA PRADESH [3457] SATURDAY,THE TWENTY SECOND DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE HARINATH.N K SANDEEP NAIDU, S/O K RAVI PRAKASH NAIDU, AGED ABOUT 37 YEARS, OCC CONTRACTOR, R/O NANDYAL TOWN, NANDYAL ...PETITIONER THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, ARAVATHI, GUNTUR DISTRICT, ANDHRA THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, VADDESWARAM VILLAGE, MANGALAGIRI, THENANDYAL MUNICIPALITY, REP. BY ITS COMMISSIONER, PRADESH. THE DISTRICT COLLECTOR, NANDYAL, NANDYAL DISTRICT, THE EXECUTIVE ENGINEER, NANDYAL MUNICIPALITY, NANDYAL, THE DEPUTY EXECUTIVE ENGINEER, NANDYAL MUNICIPALITY, ...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 of Writ of Mandamus, declaring the action of respondents in not releasing the 1st and Finalbill amounts mounting to Rs. a total of Rs.25,77,066/-which is ul completion of work in 2024, Dated 02.03.2024for the work 227 to P Sudheer Kumar Reddy House at Housing board colony in Ward no.18 under 2024, dated 02.03.2024 for Providing of 2 CC Road and CC Drain from D.N0.28/783-A2 to 28/783-A2-1 and D.No.28/783-B2 at Cm Santhi Road in Ward no.20 under GGMP (iii)agreement No. 461/2023-2024 Dated 02.03.2024for the work of Providing of CC road from Digital D.No.APNL-NGC-125 anf CC Drain from D.No.28/759-M4-4A to existing drain at NGOs Colony in Ward No.20 under GGMP enteredwith the Respondent No.4, even after successful completion of work and in spite of repeated requests, as arbitrary, illegal, discriminatory, unjust enrichment, violative of the Fundamental Rights guaranteed under Articles 14, 19 and 21 of the Constitution of India, apart from being contrary to the orders of this Honble Court issued from time to time and consequently direct the respondents to release the 1st and final bill amounts of Rs. 8,54,194/-, Rs.8,55,244/- and Rs.8,67,628/- respectively a total of Rs.25,77,066/ is equal to payable to the petitioner for the work executed by petitioner under the aforesaid agreement, along with 18 percentage interest accrued on the said amount from the due date till the date of payment and pass 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 pleased to direct the respondents to release the withheld 1st and final bill amounts of Rs. 8,54,194/-, Rs.8,55,244/- and Rs.8,67,628/- respectively a total of Rs.25,77,066/-which is admittedly due to the petitioner despite the successful completion of work in terms of the (i)agreement No. 464/2023- 2024, Dated:02.03.2024for the work of “Providing of CC Road from Digital D.No. APNL-NG1-227 to P Sudheer Kumar Reddy House at Housing board colony in Ward no. 18 under GGMP”(ii)agreement No. 460/2023-2024, dated 02.03.2024 for “Providing of CC Road and CC Drain from D.N0.28/783-A2 to 28/783-A2-1 & D.No.28/783-B2 at Om Santhi Road in Ward no.20 under GGMP”(iii)agreement No. 461/2023-2024 Dated:02.03.2024for the work of “Providing of CC road from Digital D.No.APNL-NGC-125 & CC Drain from D.No.28/759-M4-4A to existing drain at NGOs Colony in Ward No.20 under GGMP” enteredwith the Respondent No.4, forthwith, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. AYESHA AZMA S Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. GP FOR FINANCE PLANNING The Court made the following: 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.32459 OF 2025 ORDER : 1. The learned counsel for the petitioner submits that the petitioner has awarded various works vide agreement Nos.464/2023-2024, dated 02.03.2024, 460/2023-2024, dated 02.03.2024, 461/2023-2024, dated 02.03.2024. 2. The learned counsel further submits that the petitioner duly executed all the works and thereafter submitted final bills for an amount of Rs. 25,77,066/- and the final bills were duly endorsed by the competent authority. A statement detailing the works executed by the petitioner was prepared. 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, Sri.G.Lakshmi Narayana, 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 completione of the work undertaken. 5. Considering the submissions, concerned respondent is hereby directed to verify and release the payments due payable to the petitioner as 4 expeditiously as possible preferably within a period of six weeks from the date of receipt of a copy of this order. 6. Accordingly, the writ petition is disposed of. No costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N KGM 5 18 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.32459 OF 2025 Dated 22.11.2025 KGM