G Sreenivasula Reddy Vs The State of Andhra Pradesh

G SREENIVASUL A REDDY, S/O.G.V.SUBBA REDDY, AGED ABOUT 50 YEARS, OCC CONTRACTOR, R/O.D.NO.96/2 1 7, UTUKURU VILLAGE, CK DIN N E MANDAL, Y.S.R DISTRICT.

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...PETITIONER

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AND

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THE STATE OF A NDHRA PRADESH, REP., BY I T S PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION A ND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI GUNTUR DISTRIC T .

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THE PRINCIPA L SECRETARY, FINANCE D EPARTMENT, SECRETARIAT B U ILDINGS, VELAGAPUDI, AMARA V ATI, GUNTUR DISTRICT.

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THE DISTRICT COLLECTOR, Y.S.R DISTRICT, KADAPA.

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THE COMMISSIO N ER, KADAPA MUNICIPAL CORP O RATION, YSR DISTRICT.

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THE EXECUTIVE E NGINEER, KADAPA MUNICIPAL C O RPORATION, YSR DISTRICT.

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ASSISTANT ENGI N EER, KADAPA MUNICIPAL CORP O RATION, YSR DISTRICT.

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2

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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 to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents in paying a sum of Rs.14,50,810/- (Rupees Fourteen Lakhs Fifty Thousand Eight Hundred and ten only) and Rs. 17,35,519/- (Rupees Seventeen Lakhs Thirty Five Thousand Five Hundred and Nineteen only) towards the work entrusted by the respondents in favour of petitioner through various Work Agreements in Agre No.446/2023-24, dated 27.10.2023 and Agre No.451/2023-24, dated 27.10.2023 entered into by the respondent No.4 and 5 under GGMP Grant, even after, completion of the said work as arbitrary, illegal, colorable exercise of power, abdication of the statutory duty cost on them and contrary to the well-established legal principles apart from being violative of the fundamental rights guaranteed to the petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents to pay a sum of Rs. 14,50,810/- (Rupees Fourteen Lakhs Fifty Thousand Eight Hundred and ten only) and Rs. 17,35,519/- (Rupees Seventeen Lakhs Thirty Five Thousand Five Hundred and Nineteen only) towards the work entrusted by the respondent Nos.4 to 6 in favour of petitioner through various Work Agreements in Agre No.446/2023-24, dated 27.10.2023 and Agre No.451/2023-24, dated 27.10.2023 under GGMP Grant and pass

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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 to direct the respondents to pay a sum of Rs.14,50,810/- (Rupees Fourteen Lakhs Fifty Thousand Eight Hundred and ten only) and Rs. 17,35,519/(Rupees Seventeen Lakhs Thirty Five Thousand Five Hundred and Nineteen only) towards the work entrusted by the respondent Nos.4 to 6 in favour of petitioner through various Work Agreements in Agre No.446/2023-24, dated 27.10.2023 and Agre No.451/2023-24, dated 27.10.2023 under GGMP Grant, pending disposal of the above Writ Petition and pass

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Counsel for the Petitioner:

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1.V R REDDY KOVVURI

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Counsel for the Respondent(S):

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3

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1.GP FOR MUNCIPAL ADMN URBAN DEV

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2.GP FOR REVENUE

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3.J DILEEP KUMAR

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4.GP FOR FINANCE PLANNING

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The Court made the following:

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THE HONOURABLE SRI JUSTICE HARINATH.N

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WRIT PETITION NO: 21937 OF 2024

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ORDER:-

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The learned counsel for the Petitioner submits that the petitioner was entrusted with the works of laying C.C Road from D.No.96/236 to 96/246 (patch) in Utukur, D.No.96/42 to 96/40, Ramalayam to road dead end, Janda Chettu to D.No.96/440, 96/20 to Road end, 97/82, to service road in Utukuru and C.C Drain from D.No.96/163 to Ramalayam in Utukur, 45/65 to Betani Church in CM Peta, D.No.45/138-3-1 to connecting drain and C.C Culverts in 45^th Division of Kadapa Municipal Corporation and C.C road from D.No.44-37157 to ELSR, D.NO.44/37-392 to MPPS Bhagathsingh Nagar School, 44/37333 to 44/37-235-1 in Bhagathsing Nagar and C.C Drains from Siva cement ring factory to road end Keshavareddy School to service road in 45^th Division, Kadapa Municpal Corporation, Kadapa, YSR District.

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It is submitted that the Petitioner had completed the works entrusted to him and that the competent authority of the respondents had also approved the payment due and payable to the Petitioner. The Respondents have also recorded the progress of the works and issued quality control certificate and the amounts due and payable to the petitioner in the records.

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Heard the submissions of the learned counsel for the Petitioner, the learned Government Pleader for Municipal Administration and Urban Development Department, Sri P. Vengala Reddy, learned Standing Counsel

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for the Respondent No.4, and the learned Assistant Government Pleader for

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Finance and Planning.

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During the course of hearing, the learned Standing Counsel appearing for the Respondent Municipal Corporation submits that the works have been completed and that the Petitioner has also submitted the final bills and the amounts due and payable to the Petitioner have been duly admitted. It is submitted that further funds are awaited and that, soon after the release of the

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funds, the bills due and payable to the Petitioner shall be cleared.

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Recording the submissions, this writ petition is disposed of at the admission stage, directing the respondents to verify and release the payments due and 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. There shall be no order as to costs.

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