Sri. S. Leela Mohan Reddy Vs he State of Andhra Pradesh

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APHC010307242025

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

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WEDNESDAY,THE THIRTEENTH 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: 15556 OF 2025

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Between:

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Sri. S. Leela Mohan Reddy, S/o. S. Venkata Subba Reddy, Aged 37 years, D.No.23-3-2131, 12th street, chandramouli nagar, A.K.Nagar,^SPSRNellore District

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...PETITIONER

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AND

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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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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, Nellore,^SPSRNellore District.

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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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...RESPONDENTS

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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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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. 9,75,406/- (Nine Lakhs Seventy Five Thousand, Four hundred and Six Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e. I. Upgradation of cc Road from D No.25-11-132 To D No.25-11-32 in chandramouli nagar in Division no 27 of NMC Under Gadapa gadapaku mana prabhutvam vide Agreement no.540/GGMP/EEI/2023-24,Dated17.01.202 4 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. 9,75,406/(Nine Lakhs, Seventy Five Thousand, Four hundred and 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. 9,75,406/- (Nine Lakhs, Seventy Five Thousand, Four hundred and 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

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Counsel for the Respondent Nos.1 & 2: GP FOR MUNICIPAL

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ADMINISTRATION AND URBAN DEVELOPMENT

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Counsel for the Respondent Nos.3 & 4: SRI A.S.C. BOSE,^SCFOR

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MUNICIPAL CORPORATIONS

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

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APHC010307242025

0t!0 06^

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

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[3457]

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WEDNESDAY,THE THIRTEENTH 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: 15556/2025

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Between:

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1.SRI. 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.HE 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,^{theHighCourtmaybe}

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2

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pleased tomaybe pleased to issue an appropriate Writ^{Orderordirection} more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending^amountsofRs. 9,75,406/- (Nine Lakhs, Seventy Five Thousand, Four hundred and Six Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e. I. Upgradation of cc Road from D No.25-11-132 To D No.2511-32 in chandramouli nagar in Division no 27 of NMC Under Gadapa gadapaku mana prabhutvam vide Agreement no.540/GGMP/EEI/202324,Dated17.01.2024 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. 9,75,406/- (Nine Lakhs, Seventy Five Thousand, Four hundred and Six Rupees only) with interest @ 24percent 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^{circumstancesstated} in the affidavit filed in support of the petition, the Fligh Court may be pleased may be pleased to direct the respondents to forthwith consider releasing the amounts Rs. 9,75,406/- (Nine Lakhs, Seventy Five Thousand,^Fourhundred and 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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1.DEVASRI ROSHAN KANCHARLA

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Counsel for the Respondent(S):

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1.GP MUNCIPAL ADMN AND URBAN DEV AP

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2.GP FOR FINANCE PLANNING

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The Court made the following;

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3

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Order:-

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Learned counsel for the petitioner submits that the petitioner has executed work entrusted by the respondent-corporation vide Agreement NO.540/GGMP/EEI/2023-24, dated 17.01.2024 and submitted^thefinal bills. It is submitted that the competent authority has recorded the progress of the work and certified the same in the M-Book. It is further submitted that, in all, an amount of Rs. 9,75,406/- is due and payable by the respondents to the petitioner. Though the progress of the work was recorded in the M-Book, no amount has been forthcoming.

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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 & Planning, and the learned Standing Counsel for the respondent-corporation.

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Considering the submissions, the respondent Nos.3 to 5 are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of six (06) weeks from the date of receipt of a copy of this order.

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