K Ramesh Vs the State of Andhra Pradesh

K RAMESH, S/O. KRISHNAIAH, AGED ABOUT 44 YEARS, OCC CONTRACTOR, R/O. 3-4-22/A, BUDDIVARI VEEDI, GOLLAPALEM, KOVURU, SPSR NELLORE DISTRICT, PINCODE 524137.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR 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 DIRECTOR OF MUNICIPAL ADMINISTRATION, GORANTLA, GUNTUR, GUNTUR DISTRICT.

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KAVALI MUNICIPALITY, REP. BY ITS COMMISSIONER, KAVALI, SPSR NELLORE DISTRICT.

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THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT.

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THE DEPUTY EXECUTIVE ENGINEER, KAVALI MUNICIPALITY, KAVALI, SPSR NELLORE DISTRICT.

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THE CHIEF EXECUTIVE OFFICER, , AP CFMS OFFICE, 6TH

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2

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FLOOR, C-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA 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 pleased tomay please to direct the respondents to pay for payment of amount of Rs. 1,60,695/- vide M Book No.01/2019-20 with interest @24 percent per annum for the delayed amount to the petitioner in respect of execution of works i.e. Construction Balance compound wall South side to Eedga Vengal Rao Nagar in Kavali Municipality, vide Agreement No. 177/2018-19/Gen, dated 03.11.2018, forthwith, pending disposal of the Writ Petition and pass such

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IA NO: 1 OF 2024

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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

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Counsel for the Petitioner:

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1.BATHALA RAMESH

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Counsel for the Respondent(S):

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1.GP FOR FINANCE PLANNING

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2.GP FOR MUNCIPAL ADMN URBAN DEV

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3.N RANGA REDDY (SC MC RSEEMA SPSR NLR)

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3

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THE HONOURABLE SRI JUSTICE HARINATH.N

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WRIT PETITION NO: 6430 of 2024

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ORDER:

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The petitioner is aggrieved by the action of the respondents in not releasing the amount of Rs.1,60,695/- vide M Book No.01/2019-20 even after finalizing the bills payable to the petitioner in relation to the works i.e., Construction Balance compound wall south side to Eedga Vengal Rao Nagar in Kavali Municipality, vide Agreement No.177/2018-19/Gen, dated 03.11.2018.

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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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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, respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of four (04) weeks from the date of

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receipt of a copy of this order.

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