O Sreedhar Reddy Vs the State of Andhra Pradesh

THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY FOR MUNICIPAL ADMINISTRATION URBAN DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

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

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THE DIRECTOR, WORKS ACCOUNTS ANDHRA PRADESH, FLOOR, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT.

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NELLORE MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, NELLORE CITY, SPSR NELLORE DISTRICT

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THE EXECUTIVE ENGINEER, NELLORE MUNICIPAL CORPORATION, NELLORE CITY, SPSR NELLORE DISTRICT

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THE ASST PAY ACCOUNTS OFFICER, WORKS ACCOUNTS, NELLORE, SPSR NELLORE DISTRICT

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...RESPONDENT(S):

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2

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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 pleased topleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not pajdng the lumpsum contract final bills dated 22-12-2023 for Rs. 13,61,139.87, Rs. 16,18,312.15 and Rs. 16,15,166.00 respectively for the contract works namely 1) laying of CC Road from MCPS School to Temple at Akkacheruvupadu main Road in Division No. 31 of NMC under GGMP covered under agreement No.310/GGMP/EElll/23-24 dated 22-10-2023, 2) La3dng of CC Road from Opp. Nagamani Tailors to CP Rama House, Chowtamitta in Division No. 31 of NMC under GGMP covered under agreement No.324/GGMP/EEIll/23-24 dated 28-10-2023 and 3) Laying of CC Road from Podalakur Main Road to Sri Sai Nilayam at Santoshi Nagar main road in Division No. 31 covered under agreement N0.326/GGMP/EE11I/2324 dated 28-10-2023 though the petitioner has successfully executed the same and lumpsum final bills have been issued by respondent Nos 4 5 herein as illegal, arbitrary and against public policy, contrary to the established procedure of law apart from being violative of Article 14 19 (g) of the Constitution of India and consequently, to direct the respondents to forthwith release the lumpsum contract final bills dated 22-12-2023 for Rs. 13,61,139.87, Rs. 16,18,312.15 and Rs. 16,15,166.00 respectively for the contract works namely 1) laying of CC Road from MCPS School to Temple at Akkacheruvupadu main Road in Division No. 31 of NMC under GGMP covered under agreement No.310/GGMP/EElll/23-24 dated 22-10-2023, 2) Laying of CC Road from Opp. Nagamani Tailors to CP Rama House, Chowtamitta in Division No. 31 of NMC under GGMP covered under 0 agreement No.324/GGMP/EEIII/23-24 dated 28-10-2023 and 3) Laying of CC Road from Podalakur Main Road to Sri Sai Nilayam at Santoshi Nagar main road in Division No. 31 covered under agreement N0.326/GGMP/EEIII/23-24 dated 28-10-2023 along with interest @ 18 PERCENT p.a. to the petitioner from the dates of the issuance of lumpsum contract final bills and pass

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IA 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 direet the respondents herein to forthwith release the lumpsum contraet final bill amounts dated 22-12-2023 for Rs. 13,61,139.87, Rs. 16,18,312.15 and Rs. 16,15,166.00 respectively for the contract namely 1) laying of CC Road from MCPS School to Temple at /-miecnjiici uvupadu main Road in Division eovered under agreement No.3lO/GGMP/EEIll/23-24 dated

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3

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22-10-2023. 2) Laying of CC Road from Opp. Nagamani Tailors to CP Rama House. Chowtamitta in Division No. 31 of NMC under GGMP eovered under agreement No.324/GGMP/EElll/23-24 dated 28-10-2023 and 3) Laying of CC Road from Podalakur Main Road to Sri Sai Nilayam at Santoshi Nagar main road in Division No. 31 covered under agreement N0.326/GGMP/EEI11/2324 dated 28-10-2023 along with interest @ 18 % p.a. to the petitioner from the dates of passing the bills and pas

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Counsel for the Petitioner:

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1.P SRIDHAR REDDY

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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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4

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ORDER:-

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The learned counsel for the petitioner submits that the petitioner has awarded the works of 1) laying of CC road from MCPS School to Temple at Akkacheruvupadu main road in Division No.31 of NMC under GGMP covered under Agreement No.310/GGMP/EElll/23-24, dated 22-10-2023, 2) Laying of CC road from Opp. Nagamani Tailors to CP Rama House, Chowtamitta in Division No.31 of NMC under GGMP covered under Agreement No.324/GGMP/EEIll/23-24, dated 28-10-2023 and 3) Laying of CC Road from Podalakur Main Road to Sri Sai Nilayam at Santoshi Nagar main road in Division No.31 covered under Agreement N0.326/GGMP/EE11I/23-24, dated 28-10-2023.

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The learned counsel further submits that the petitioner duly executed the works and thereafter submitted final bills for Rs.13,61,139.87, Rs.16,18,312.15 and Rs.16,15,166.00. It is submitted that the said final bills were duly endorsed by the competent authority. A statement detailing the works executed by the petitioner was prepared and the progress of the works was recorded in the M-book. However, in spite of the completion of all procedural formalities, the payments towards the completed works have not been released till date.

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Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration & Urban

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Development, the learned Standing Counsel for the Corporation and the learned Assistant Government Pleader for Finance and Planning.

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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 completion of work undertaken.

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Considering the submissions, the concerned respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of eight (08) weeks from the date of receipt of a copy of this order.

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Accordingly, this writ petition is disposed off. There shall be no order as to costs.

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As a sequel, interlocutory applications pending, if any, shall stand closed.

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JUSTICE HARINATH.N

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____________________

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Dt: 23.09.2025 SR

O Sreedhar Reddy v. the State of Andhra Pradesh

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O Sreedhar Reddy v. the State of Andhra Pradesh

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