S Leela Mohan Reddy Vs the State of Andhra Pradesh

The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Municipal" Administration and Urban Development, Secretariat Building, Velagapudi, Amaravathi, Guntm^r"

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The District Collector, SPSR^Nellore District.

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The Nellore municipal corporation, Rep.by. Commissioner, SPSR Nellore District.

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The Executive Engineer, Municipal Corporation, SPSR Nellore District. 5. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance"and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. ...Respondents

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Petition under Article 226 of the Constitution of India praying that in the

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circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ Order or direction more particularly one

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r

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in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 29,50,846/(Twenty Nine Lakhs, Fifty Thousand, Eight Hundred And Forty Six Rupees only) even after finalizing the bills payable to the petitionerⁱⁿ relation to the works i.e.l. Laying of BT Roads from GNT Road to Kondayapalem Gate^{indivisionno.27} of NMC Under Gadapa gadapaku mana prabhutvam vide Agreement no.547/GGMP/EEI/2023-24, Dated 18.oY.2024 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. 29,50,846/(Twenty Nine Lakhs, Fifty Thousand, Eight Hundred And Forty Six Rupees only) with interest @ 24% per annum for the delayed^amount till date of realization for the works executed by the petitioner.

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lA NO: 1 OF 2025

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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. 29,50,846/- (Twenty Nine Lakhs, Fifty Thousand, Eight Hundred And Forty Six Rupees only) payable to the petitioner herein, pending disposal of the writ petition.

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Counsel for the Petitioner: SRI DEVASRI ROSHAN KANCHARLA Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondent Nos. 3 & 4: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS) ' Counsel for the Respondent Nos. 1 & 2: GP FOR MUNCIPAL ADMN AND URBAN DEV

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Counsel for the Respondent No.5: GP FOR FINANCE & PLANNING The Court made the following order:

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[3457]

APHC010307752025

IN THE HIGH COURT OF ANDHRA PRADESH SMB AT AMARAVATI BSS (Special Original Jurisdiction)

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(Special Original Jurisdiction)

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THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE HARINATH.N

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WRIT PETITION NO: 15538/2025

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Between:

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1.S LEELA MOHAN REDDY, S/0. S. VENKATA SUBBA REDDY,^AGED 37 YEARS, D.NO.23-3-2131, 12TH STREET, CHANDRAMOULI NAGAR, A.K.NAGAR, SPSR NELLORE DISTRICT

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...PETITIONER

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AND

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1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL, ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR.

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2.THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT.

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3.THE NELLORE MUNICIPAL CORPORATION, REP.BY. COMMISSIONER, SPSR NELLORE DISTRICT.

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4.THE EXECUTIVE ENGINEER, MUNICIPAL CORPORATION, SPSR NELLORE DISTRICT.

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5.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

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...RESPONDENT(S):

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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

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2

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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. 29,50,846/- (Twenty Nine Lakhs, Fifty Thousand, Eight Hundred And Forty Six Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e.l. Laying of BT Roads from GNT Road to Kondayapalem Gate in division no.27 of NMC Under Gadapa gadapaku mana prabhutvam vide Agreement no.547/GGMP/EE1/2023-24,Dated 18.01.2024 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. 29,50,846/- (Twenty Nine Lakhs, Fifty Thousand, Eight Hundred And Forty Six Rupees only) with interest @ 24 percent per annum for the delayed amount till date of realization for the works executed by the petitioner and pass

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lA NO: 1 OF 2025

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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. 29,50,846/- (Twenty Nine Lakhs, Fifty Thousand, Eight Hundred And Forty Six Rupees only) payable to the petitioner herein, pending disposal of the writ petition and pass

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Counsel for the Petitioner:

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I.DEVASRi ROSHAN KANCHARLA

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP)

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3.GP MUNCIPAL ADMN AND URBAN DEV AP

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4.GP FOR FINANCE PLANNING

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The Court made the following:

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3

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THE HONOURABLE SRI JUSTICE HARINATH.N

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WRIT PETITION NO: 15538/2025

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ORDER:

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Learned counsel for the petitioner submits that the petitioner has completed the work of laying of BT Roads from GNT Road to Kondayapalem Gate in Division No.27 of NMC Under Gadapa Gadapku Mana Prabhutamvide Agreement No.547/GGMP/EEI/2023-24, dated 18.01.2024 entrusted by the 4^'" respondent and submitted final bills. However, amounts have not been paid. Aggrieved by the same, the present Writ Petition^isfiled. 2. It is stated in the counter that the bills could not be paid on account of financial constraints. It is further stated that the petitioner will be paid soon after the release of the budget to the 3'^'^ respondent-Corporat^ion. 3. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development, the learned Assistant Government Pleader for Finance and also the learned Standing Counsel.

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Considering the submissions, the respondents 3 and 5 are hereby directed to verify and release the payment due payable to the petitioner as expeditiously as possible preferably within a period^ofsix weeks from the date of receipt of a copy of this order.

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