K Ramesh, Vs The State of Andhra Pradesh

APHC010122442024

IN THE HIGH COURT OF ANDHRA PRADESH^/ AT AMARAVATI V-''

(Special Original Jurisdiction)

TUESDAY,THE NINTH DAY OF SEPTEMBER ^
TWO THOUSAND AND TWENTY FIVE "O'
ib f:
PRESENT rj if #1
■alr
THE HONOURABLE SRI JUSTICE HARINATH.N ^ '

¶5

WRIT PETITION NO: 6434 OF 2024

¶6

Between:

¶7

K. RamesK S/o. Krishnaiah, Aged about 44 years, Occ Contractor, R/o. 3-422/A, Buddivari Veedi, Gollapalem, Kovuru^ .SPSR Nellore^District, Pincode 524137. 't.--

¶8

...PETITIONER

¶9

AND

¶10

The State of Andhra Pradesh, Rep. by its Special Chief Secretary, Department of Municipal Administration And Urban Development, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

¶11

The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and ^Planning Secretariat Buildings, Velagapudi, Amatravathi, Guntur District.

¶12

The Director of Municipal Administration, Gorantia, Guntur, Guntur District.

¶13

Kavali Municipality, Rep. by its Commissioner, Kavali, SPSR Nellore District.

¶14

The District Collector, Nellore, SPSR Nellore District.

¶15

The Deputy Executive Engineer, Kavali Municipality, Kavali, SPSR Nellore District.

¶16

The Chief Executive Officer, AP CFMS Office, 6th Floor, C-Block, Anjaneya Towers, Ibrahimpatnam, Krishna District.

¶17

...RESPONDENTS

¶18

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 a writ of mandamus or any other appropriate^{writordirection} declaj-ing^the action of the Respondents not releasing the amount of Rs.4,23,835/- vide M Book No. 240/2019-2020, even after finalizing the bills, to the petitioner in relation to the works i.e.. Providing^CCRoad . Widening from Vighneswara Hotel to Thatavarti vari^cross road of Kavali Municipality, vide Agreement No. 321/2019-20/Gen, dated 18.10.2019 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.4,23,835/-^videMBookNo. 240/2019-2020 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of above-mentioned^{workforthwith.} lA NO: 1 OF 2024 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 pay for payment of amount of Rs.4,23,835/- vide M Book No. 240/2019-2020 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Providing CC Road Widening from Vighneswara Hotel to Thatavarti vari cross road of Kavali Municipality, vide Agreement No. 321/2019-20/Gen, dated 18.10.20t^, forthwith, pending disposal of the Writ^Petition

¶19

Counsel for the Petitioner: SRI BATHALA RAMESH

¶20

Counsel for the Respondent Nos.1,3, 5 & 6:GP FOR MUNICIPAL

¶21

ADMINISTRATION AND URBAN DEVELOPMENT

¶22

Counsel for the Respondent Nos.2 & 7:GP FOR FINANCE^&PLANNING Counsel for the Respondent No.4:SRI G. LAKSHMI NARAYANA,^SCFOR

¶23

MUNICIPALITIES

¶24

The Court made the following order:

¶25

7 /

¶26

APHC010122442024

¶27

IN THE HIGH COURT OF ANDHRA PRADESH

¶28

AT AMARAVATI (Special Original Jurisdiction)

¶29

[3457]

¶30

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

¶31

PRESENT

¶32

THE HONOURABLE SRI JUSTICE HARINATH.N

¶33

WRIT PETITION NO: 6434/2024

¶34

Between:

¶35

1.K RAMESH,, S/0. KRISHNAIAH, AGED ABOUT 44 YEARS,^OCC CONTRACTOR, R/0. 3-4-22/A, BUDDIVARI VEEDI, GOLLAPALEM, KOVURU, SPSR NELLORE DISTRICT, PINCODE 524137. ...PETITIONER

¶36

AND

¶37

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

¶38

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

¶39

3.THE DIRECTOR OF MUNICIPAL ADMINISTRATION, GORANTLA, GUNTUR, GIMTUR DISTRICT.

¶40

4.KAVAL1 MUNICIPALITY, REP. BY ITS COMMISSIONER, KAVALI, SPSR NELLORE DISTRICT.

¶41

5.THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT. THE DEPUTY EXECUTIVE ENGINEER,

¶42

6.KAVALI MUNICIPALITY, KAVALI, SPSR NELLORE DISTRICT.

¶43

7.THE CHIEF EXECUTIVE OFFICER, AP CFMS OFFICE, 6TH^FLOOR,

¶44

2

¶45

IBRAHIMPATNAM, KRISHNA

¶46

C-BLOCK, ANJANEYA TOWERS DISTRICT.

¶47

...RESPONDENT(S):

¶48

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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs.4,23,835/- vide M Book No. 240/2019-2020, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Providing CC Road Widening from Vighneswara Hotel to Thatavarti vari cross road of Kavali Municipality, vide Agreement No. 321/2019-20/Gen, dated 18.10.2019 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.4,23,835/- vide M Book No. 240/2019-2020 with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass

¶49

lA NO: 1 OF 2024

¶50

Petition under bection 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased please to direct the respondents to pay for payment of amount of Rs.4,23,835/- vide M Book No. 240/2019-2020 with interest i_@24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Providing CC Road Widening from Vighneswara Hotel to Thatavarti vari cross road of Kavali Municipality, vide Agreement No. 321/2019-20/Gen, dated 18.10.2019, forthwith, pending disposal of the Writ Petition and pass

¶51

Counsel for the Petitioner:

¶52

1.BATHALARAMESH

¶53

Counsel for the Respondent(S):

¶54

1.GP FOR FINANCE PLANNING

¶55

2.GP FOR MUNCIPAL ADMN URBAN DEV

¶56

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

¶57

The Court made the following:

¶58

Order:

¶59

Learned counsel for the petitioner submits that the petitioner has executed work as entrusted by the respondents as per Agreement No.321/2019-20/Gen, dated 18:10.2019 and submitted final bills. It is submitted that the competent authority has also recorded the progress of work and certified the work in the M-Book. it is submitted that, in all, an amount of Rs.4,23,835/is due and payable by the respondents to the petitioner. However, no amounts have been forth coming.

¶60

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 and Planning, and the learned Standing Counsel for the respondent Municipality. 3. The learned Standing Counsel for the 4**" respondent filed the counter affidavit and submits that the bills were also uploaded in the CFMS Portal. 4. Considering the submissions, the 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 receipt of a copy of this order.

¶61

Accordingly, the Writ Petition is disposed off. No costs. 6. Pending miscellaneous petitions, if any, shall stand closed.

¶62

Sd/- Wl. PRABHAKAR RAO assistant registrar

//true copy//

SECTION OFFICER

To,

The Special Chief Secretary, Department of Municipal Administration and Urban Development, State of Andhra Pradesh, Secretariat RiiiiHinas. Velaoaoudi, Amaravathi, Guntur District.

¶67