Chejarla Suresh Reddy, Vs The State of Andhra Pradesh

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APHC010349732024

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

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TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17947 OF 2024

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Between: /

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Chejarla Suresh Reddy, S/o. Venkata Ramana Reddy, Aged^about 43 years, Occ Contractor, R/o. D.No. 2/506, Ramakrishna Nagar Nawabpet, Nellore, SPSR Nellore-524004. ...Petitioner AND

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The State of Andhra Pradesh, rep. by its Principal Secretary MA and UD Department, Secretariat, Velgapudi, Guntur District.

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The State of Andhra Pradesh rep. its Principal Secretary, Finance and Planning Department, Secretariat, Velagapudi, Amaravati Guntur District. 3. The District Collector, Nellore, SPSR Nellore District 4. The Nellore Municipal Corporation rep. by its Municipal Commissioner, Nellore, SPSR Nellore District. 5. The Executive Engineer, Municipal Commissioner, Nellore, SPSR Nellore District. ...Respondents

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Petition under Article 226 of the Constitution of India praying that in the circumstances slated in the affidavit filed therewith, the High Court may be 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 Rs. 19,87,653/- (Ninteen Lakhs Eighty Seven

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Thousand Six Hundred And Fifty Three Rupees only) for^the year 2023-24, even after finalizing the bills, payable to the petitioner in relation to the works Construction of CC Drain and Culvert near 6th Town Police Station, MSM School Back Side and Sandani Division No. 14 in Nellore Municipal Corporation under GGMP Grant of estimated cost of Rs.20.00 Lakhs For the year 2023-2024 vide Agreement No. 150/GGMP/2023-24 dated. 22.07.2023 (Work Order Vide WO.No. 155/DB/2023 dated. 20.07.2023) of the 4th Respondent 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. 19,87,653/- (Ninteen Lakhs Eighty Seven Thousand Six Hundred And Fifty Three Rupees only) with interest @ 24 percent per annum for the delayed amount till date of realization for the works executed by the petitioner forthwith.

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lA NO: 1 OF 209d

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to pay the amounts of Rs. 19,87,653/(Ninteen Lakhs Eighty Seven Thousand Six Hundred And Fifty Three Rupees only) with interest @ 24% per annum for the delayed amount till date of realization for the works executed by the petitioner forthwith pending disposal of the above writ petition.

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Counsel for the Petitioner: SRI SHAIK MEERAVALI Counsel for the Respondents No.1,3:GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No.2:GP FOR FINANCE & PLANNING Counsel for the Respondents No.4,5: SRI A S C BOSE, (SC FOR MUNICIPAL CORPORATION) The Court made the following order:

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APHC010349732024

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

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[3457]

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TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRUUSTICE HARINATH.N

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WRIT PETITION NO: 17947/2024

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Between:

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1.CHEJARLA SURESH REDDY, -S/0. VENKATA RAMANA REDDY, AGED ABOUT 43 YEARS, OCC CONTRACTOR, R/0. D.NO. 2/506! RAMAKRISHNA NAGAR, NAWABPET, NELLORE, SPSR NELLORE524004.

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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 MA AND UD DEPARTMENT, SECRETARIAT, VELGAPUDI, GUNTUR DISTRICT.

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

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3.THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT

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4.THE NELLORE MUNICIPAL CORPORATION REP. BY ITS MUNICIPAL COMMISSIONER, NELLORE, SPSR NELLORE DISTRICT.

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5.THE EXECUTIVE ENGINEER, MUNICIPAL COMMISSIONER, NELLORE, SPSR NELLORE 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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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 Rs. 19,87,653/- (Ninteen Lakhs Eighty Seven Thousand Six Hundred And Fifty Three Rupees only) for the year 2023-24, even after finalizing the bills, payable to the petitioner in relation to the works Construction of CC Drain and Culven near 6th Town Police Station, MSM School Back Side and Sandani Division No. 14 in Nellore Municipal Corporation under GGMP Grant of estimated cost of Rs.20.00 Lakhs For the year 2023-2024 vide Agreement No. 150/GGMP/2023-24 dated. 22.07.2023 (Work Order Vide WO.No. 155/DB./2023 dated. 20.07.2023) of the 4th Respondent 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. 19,87,653/- (Ninteen Lakhs Eighty Seven Thousand Six Hundred And Fifty Three Rupees only) with interest @ 24 percent per annum for the delayed amount till date of realization for the works executed by the petitioner forthwith and to pass

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the circumstances stated Hi ihe affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents to pay the amounts of Rs. 19,87,653/(Ninteen Lakhs Eighty Seven Thousand Six Hundred And Fifty Three Rupees only) with interest @ 24% per annum for the delayed amount till date of realization for the works executed by the petitioner forthwith pending disposal of the above writ petition and to pass

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Counsel for the Petitioner:

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1.SHAIKMEERAVALI

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Counsel for the Respondent(S):

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1.J DILEEP KUMAR

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GP MUNCIPAL ADMN AND URBAN DEV AP

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3.GP FOR FINANCE PLANNING

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The Court made the following:

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n

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Order:-

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f/ Heard the learned counsel for the petitioner, the learned Assistant / Government Pleader for Finance and the learned Standing Counsel for the / / respondent-corporation.

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Learned counsel for the petitioner submits that the petitioner has completed the works as per Agreement No.150/GGMP/2023-24 dated 22.07.2023 (Work Order vide WO3N0.I55/DB/2023 dated 20.07.2023), entrusted by the respondent-Corporation, and has submitted the final bills.

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It is submitted that a total amount of Rs. 19,87,653/- is due and payable by the respondent-Corporation to the petitioner on account of the completion of the aforesaid works. However, the said amount has not been paid.

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It is stated in the counter filed by the respondent Nos.4 and 5 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 4^'' respondent-corporation. It is also submitted that the bills due and payable to the petitioner are admitted.

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Considering the submissions, there shall be a direction to the respondents to verify and release the payments as expeditiously as possible preferably within a period of six (06) v^eeks 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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4

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As a sequel, miscellaneous petitions pending, if any, ^hall stand closed

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//TRUE COPY//

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Sd/-VvlNOD KUMAg assistant regisjrar

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To,

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SECTION OFFICER

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The Principal Secretary, State of Andhra Pradesh, MA and UD Department, Secretariat, Velgapudi, Guntur District.

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The Principal Secretary, State of Andhra Pradesh, Finance and Planning Department, Secretariat, Velagapudi, Amaravati, Guntur District. 3. The District Collector, Nellore, SPSR Nellore District 4. The Municipal Commissioner, Nellore Municipal Corporation, Nellore, SPSR Nellore District. 5. The Executive Engineer, Municipal Commissioner, Nellore, SPSR Nellore District. 6. One CC to SRI. SHAIK MEERAVALI, Advocate [OPUC] 7. One CC to SRI. A.S.C. BOSE, Advocate (SC FOR MUNICIPAL CORPORATION) [OPUC] 8. Two CCs to GP MUNCIPAL ADMN AND URBAN DEV, High^Courtof Andhra Pradesh [OUT] 9. Two CCs to GP FOR FINANCE PLANNING, High Court of^Andhra Pradesh [OUT] 10. Two CD Copies nm

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HIGH COURT DATED:02/09/2025

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ORDER

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WP NO. 17947 OF 2024

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DISPOSING OF THE WP WITHOUT COSTS

Chejarla Suresh Reddy, v. The State of Andhra Pradesh

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Chejarla Suresh Reddy, v. The State of Andhra Pradesh

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