In a writ petition for payment of outstanding construction bills flagged as arbitrary and illegal under Article 21, the High Court of Andhra Pradesh dismissed the petition as infructuous because the authorities had already released the claimed amount to the petitioner after the filing of the writ.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction)
AMARAVATI
WEDNESDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO: 4195 OF 2024
Between:
M. Srihari, S/o. M. Pitchireddy,
Age 45 years, R/o. S1, 3rd Floor, Sri Adithi villa Apartment, beside veda vysa school, lectures colony magenta layout, Nellore,Dargamitta,SPSR Nellore District, Andhra Pradesh
...PETITIONER
AND
Secretariat Building, Velagapudi, Amaravathi, Guntur.
Nellore District.
...RESPONDENTS
Petition under Article 226 of the Constitution of Indiaprayingthatinthe circumstances stated in the affidavit filed therewith,theHighCourtmaybe pleased to issue a Writ, order or direction, more particularly a Writ of Mandamus, declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 56,90,658/(Fifty Six Lakhs Ninety Thousand Six Hundred and Fifty Eight Rupees only) evenafterfinalizingthe bills payable to the petitioner in relation to theFourteenworksi.e. I. I.Laying of BT Roads internal roads of Sathyamji nagar at vaviletipaduDivisionno.12 and padarupalli main road in division no.24.of NelloremunicipalCorporation, Agreement no.27/2020-21 Date:14.09.2020, II. Laying of CC Road from Shivalayam to rajupalam link road (Bit-2) at peddhacherukuru in Division no.12. of Nellore municipal' corporation. Agreement no.29/2020-21, Date;14.09.2020, III. Laying of CC roads from Shivalayamtorajupalem link road (BIT-1 )at peddacheruku in division no.12 of Nellore municipal corporation. Agreement no.28/20-21 Date:14.09.2020, IV.Laying of CC Roads at narayana reddy peta, navalakula gardens, narayanareddypetaBC Colony in Division no.1. Agreement no.33/2020-21, Date;14.09.2020”Forthe year 2020 as bad, illegal, arbitrary, improper, unjustandagainsttheArticle21 of constitution of India and consequently direct therespondentstopaythe amounts of Rs.56,90,658/- (Fifty Six Lakhs Ninety Thousand Six Hundred and Fifty Eight Rupees only) with interest @ 24% perannumforthedelayed amount till date of realization for the workers executed by the petitioner and pass
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition,theHighCourtmaybe pleased to direct the respondents to releasing theamountspayabletohim, pending disposal of the write petition and pass such
\ ¥■ I jt
Counsel for the Petitioner: SRI. MEKALA ANUSHA
Counsel for the Respondent Nos. 1 to 3: GP FOR MUNCIPALADMN URBAN DEV
Counsel for the Respondent No.4: GP FOR FINANCE PLANNING
The Court made the following order:
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1
APHC010076732024 j^E HIGH COURT OF ANDHRA
PRADESH AT AMARAVATl
[3332]
(Special Original Jurisdiction)
WEDNESDAY ,THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FOUR
N
PRESENT
THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATl
WRIT PETITION NO: 4195/2024
Between;
M Srihari
...PETITIONER
AND
The State Of Andhra Pradesh and Others
...RESPONDENT(S)
Counsel for the Petitioner:
1.MEKALA ANUSHA
Counsel for the Respondent(S):
1.GP FOR MUNCIPAL ADMN URBAN DEV
2.GP FOR FINANCE PLANNING .
The Court made the following:
Ms. M.Anusha, learned counsel for the petitioner submitted
that subsequent to filing of the writ petition, theauthoritieshave released the legally entitled amount to the petitionerandtherefore
remains nothing for adjudication.
2
i f !!
- Recording the same, the Writ Petition is dismissed as
Infructuous.
Miscellaneous applications, pending if any, shall stand
closed.
//TRUE COPY//
SD/-G. HELA NAIDU ASSISTANTREGISTRAR
SECTION TCER
/ I
To,
- One CC to Sri. Mekala Anusha, Advocate [OPUC]
- Two CCs to GP for Muncipal Admn Urban Dev, High Courtof Andhra Pradesh. [OUT]
- Two CCs to GP for Finance Planning, High Court of Andhra Pradesh. [OUT]
- Three CD Copies
JSS
WP-SS
I
HIGH COURT
DATED:03/04/2024
ORDER
WP.No.4195 of 2024
I I s nr:T 2m cmmii
Ccj!
Curron, iscuo.n
-Or
DISMISSING THE W.P. AS INFRUCTUOUS WITHOUT COSTS.
M. Srihari
The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Municipal Administration
The Superintending Engineer, Public Health Circle
The Executive Engineer, Public Health PSLP Division
The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Finance and Planning
Ravi Cheemalapati
As recorded by the court registry
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