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

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, SPSR Nellore District

¶11

...Petitioner

¶12

AND

¶13

The State of Andhra Pradesh, Rep by its Principal Secretary Department of Municipal, Administration and Urban Development,

¶14

Secretariat Building, Velagapudi, Amaravathi, Guntur.

¶15

The District Collector, SPSR Nellore District.

¶16

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

¶17

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

¶18

...Respondents

¶19

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 to issue an appropriate Writ Order or direction more particularly one

¶20

in the nature of Writ of Mandamus declaring the action^{oftheRespondentsin} withholding the payments of pending amounts of Rs.^19,62,070/- (Nineteen Lakhs, Sixty Two Thousand, Seventy Rupees only) even after finalizing the bills payable to the petitioner in relation to the^works i.e., “I. Laying of cc roads from D No.26-4-246 to D no.26-4-330 near masjid street^{driverscolonybitin} division no.26 of NMC Under Gadapa gadapaku mana prabhutvam vide Agreement no.487/GGMP/EEI/2023-24, Dated 03.01.2024 as bad, illegal, arbitrary, improper, unjust and against the Article²¹ of constitution of India of Rs. and consequently direct the respondents to pay the amounts 19,62,070/- (Nineteen Lakhs, Sixty Two Thousand, Seventy^{Rupeesonly)with} interest @ 24% per annum for the delayed amount till^{dateofrealizationfor} the works executed by the petitioner.

¶21

lA NO: 1 OF 2025

¶22

Petition under Section 151 CPC praying that in the^{circumstancesstated} 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. 19,62,070/- (Nineteen Lakhs, Sixty Two Thousand, Seventy^Rupees only) payable to the petitioner herein, pending disposal^{ofthewritpetition.}

¶23

Counsel for the Petitioner: SRI DEVASRI ROSHAN KANCHARLA Counsel for the Respondent Nos. 1 & 2: GP FOR MUNCIPAL^ADMN URBAN DEV

¶24

Counsel for the Respondent Nos. 3 & 4: SRI A S C BOSE^(SCFOR MUNICIPAL CORPORATIONS)

¶25

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

¶26

APHC010307172025

¶27

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶28

[3457]

¶29

(Special Original Jurisdiction)

¶30

WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

¶31

PRESENT

¶32

THE HONOURABLE SRI JUSTICE HARINATH.N

¶33

WRIT PETITION NO: 15558/2025

¶34

Between:

¶35

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

¶36

...PETITIONER

¶37

AND

¶38

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

¶39

2.THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT.

¶40

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

¶41

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

¶42

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

¶43

...RESPONDENT(S);

¶44

Petition under Article 226 of the Constitution of India^{prayingthatinthe} circumstances stated in the affidavit filed therewith,^{theHighCourtmaybe}

¶45

-'H

¶46

2

¶47

pleased tomaybe 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^amountsofRs. 19,62,070/(Nineteen Lakhs, Sixty Two Thousand, Seventy Rupees only) even after finalizing the bills payable to the petitioner^{inrelationtotheworks} i.e. . Laying of cc roads from D No.26-4-246 to D no.26-4-330 near masjid street drivers colony bit in division no.26 of NMC Under Gadapa gadapaku mana prabhutvam vide Agreement no.487/GGMP/EEI/2023-24,Dated 3.01.2024 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. 19,62,070/- (Nineteen Lakhs, Sixty Two Thousand, Seventy Rupees only)with interest @ 24 )/oper annum for the delayed amount till date of realization for the works executed by the petitioner and pass any other order or orders as this Hon ble Court may deem fit and proper in the facts and circumstances of the case.

¶48

lA NO: 1 OF 2025

¶49

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 may be pleased to direct the respondents to forthwith consider releasing the amounts Rs. 19,62,070/- (Nineteen Lakhs, Sixty Two Thousand, Seventy Rupees only) payable to the petitioner herein, pending disposal of the writ petition and pass such

¶50

Counsel for the Petitioner:

¶51

1.DEVASRI ROSHAN KANCHARLA

¶52

Counsel for the Respondent(S):

¶53

1.GP FOR MUNCIPAL ADMN URBAN DEV

¶54

2.GP FOR FINANCE PLANNING

¶55

The Court made the following:

¶56

3

¶57

brder:-

¶58

Learned counsel for the petitioner submits that the petitioner has executed work entrusted by the respondent-corporation vide Agreement NO.487/GGMP/EEI/2023-24, dated 03.01.2024 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. 19,62,070/- 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.

¶59

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.

¶60

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.

¶61