Siri Constructions Vs the State of Ap

SIRI CONSTRUCTIONS, REP.BY.ITS. DIRECTOR, GURAVA REDDY DUGGIREDDY S/O.PAPI REDDY,AGE 53 YEARS, R/O.26-2-1667, 6TH LINE,SIMHAPURI CENTER OPP LAKSHMI VENKATARAMANA KALYANMANDAPAM, VEDAYAPALEM, NELLORE DISTRICT

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...PETITIONER

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AND

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

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THE EXECUTIVE ENGINEER, PUBLIC HEALTH SPL. DIVISION, NELLORE SPSR NELLORE DISTRICT.

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THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT.

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THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE, MULAPETA, SPSR NELLORE 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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THE COMMISSIONER, NELLORE MUNICIPAL CORPORATION, NELLORE, SPSR NELLORE DISTRICT. R6 IS IMPLEADED AS PER THE COURT'S ORDER DT.04.11.2025 IN I.A.NO.02 OF 2025.

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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 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. 36,39,093/- (Thirty Six Lakhs, Thirty Nine Thousand, Ninety Three Rupees only) even after finalizing the bills payable to the petitioner in relation to the

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2

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works i.e.1. Nellore municipal corporation -CUP Balance work -Construction of cc roads at jagadeesh nagar near shivalayam ,maruthi nagar 4th street and drain from D.No.27- 2-290 to 27-2-302 at puttaveedhi in 16th division of Nellore municipal corporation,Agreement no.161/2023-24,Date 09.11.2023 , 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. 36,39,093/- (Thirty Six Lakhs, Thirty Nine Thousand Ninety Three Rupees only) with interest @ 24percentage per annum for the delayed amount till date of realization for the works executed by the petitioner 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 direct the respondents to forthwith consider releasing the amounts Rs. 36,39,093/- (Thirty Six Lakhs, Thirty Nine Thousand, Ninety Three Rupees only) payable to the petitioner herein, pending disposal of the writ petition and pass

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IA NO: 2 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 may be pleased to Implead the present Proposed Respondent No.6 The Commissioner, Nellore Municipal Corporation, SPSR Nellore District in the present Writ Petition No.29477 of 2025 and to 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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3

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THE HONOURABLE SRI JUSTICE HARINATH.N

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WRIT PETITION NO: 29477 of 2025

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ORDER:

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The petitioner is aggrieved by the action of the respondents in withholding the payments of pending amounts of Rs. 36,39,093/- (Thirty Six Lakhs, Thirty Nine Thousand, Ninety Three Rupees only) even after finalizing the bills payable to the petitioner in relation to the works i.e.,1. Nellore municipal corporation-CUP Balance work-Construction of CC roads at jagadeesh nagar near shivalayam, Maruthi Nagar 4th street and drain from D.No.27- 2-290 to 27-2-302 at puttaveedhi in 16th division of Nellore municipal corporation, Agreement No.161/2023-24, Date 09.11.2023.

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The learned counsel further submits that the petitioner duly executed all the works and thereafter submitted final bills. It is submitted that the final bills were duly endorsed by the competent authority. A statement detailing the works executed by the petitioner was prepared, progress of the work was recorded in the M-book and the final quality certificates were also issued in confirmation of due completion. However, in spite of the completion of all procedural formalities, the payment towards the completed works has 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 Development, the learned Standing Counsel for the Corporation and the learned Assistant Government Pleader for Finance and Planning.

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4

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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 the work undertaken.

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Considering the submissions, respondent Nos.5 and 6 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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