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2025 DAILYLAW 10890 (AP)

KOTAIAH AGENCIES v. THE STATE OF ANDHRA PRADESH

WP/6598/2025 · 2025-08-11

Harinath N

body2025

Judgment text

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1 HN, J W.P.No.6598_2025 APHC010124782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 6598/2025 Between: 1. KOTAIAH AGENCIES, FIT NO 105 BLOCK 5. PANCHAVATI APARTMENTS, AMMAVARI TEMPLE, PONNURU ROAD, GUNTUR, GUNTUR DISTRICT-522003. REP BY MALAPATI GURU KRISHNA VARA PRASAD, S/O VENKAIAH, AGED ABOUT 44 YEARS, R/O FIT NO 105 BLOCK 5. PANCHAVATI APARTMENTS, AMMAVARI TEMPLE, PONNURU ROAD, GUNTUR, GUNTUR DISTRICT-522003. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, ANDHRA PRADESH AT TADEPALLI, GUNTUR DISTRICT. 3. THE GUNTUR MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, GMC OFFICE, OPP. GANDHI PARK, GUNTUR, GUNTUR DISTRICT. ...RESPONDENT(S): 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 2 HN, J W.P.No.6598_2025 pleased topleased to issue a writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in not approving the draft C Bills (Contingent bills) and paying the admitted due amounts of Rs 2,01,780/-, Rs 1,64,610/-, Rs 4,72,781/-, Rs1,53,990/, Rs 1,03,360/-, Rs 3,95,010/- And 34,000/- respectively totaling Rs 15,25,531/- (Fifteen Lakhs Twenty Five thousand. Five Hundred and Thirty One), payable to the petitioner for 7 works filed as Annexure-I, executed to the respondent as illegal, arbitrary, unconstitutional and consequently direct the respondent herein to immediately pay the total due amounts of Rs 2,01,780/-, Rs 1,64,610/-, Rs 4,72,781/-, Rsl,53,990/, Rs 1,03,360/-, Rs And 34,000/- respectively totaling Rs 15,25,531/- (Fifteen Lakhs Twenty Five thousand. Five Hundred and Thirty One)payable to petitioner for the above 7 works filed as Annexure-I, executed for Srdrespondent, with an interest at 12 percent per annum and pass IA NO: 1 OF 2025 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 herein to release the due amounts of Rs 2,01,780/-, Rs 1,64,610/-, Rs 4,72,781/-, Rsl,53,990/, Rs 1,03,360/-, Rs 3,95,010/- And 34,000/-respectively totaling Rs 15,25,531/- (Fifteen Lakhs Twenty Five thousand. Five Hundred and Thirty One) payable to petitioner for 7 works filed as Annexure-I respectively, executed for 3rd respondent, within a stipulated time frame and pass Counsel for the Petitioner: 1. SASANKA BHUVANAGIRI Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 3 HN, J W.P.No.6598_2025 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 6598 of 2025 ORDER: 1. The learned counsel for the petitioner submits that the petitioner agency was engaged for demolition of structures, removal of debris, and other words in various areas of Guntur city. 2. The learned counsel for the petitioner further submits that the respondent authorities have also communicated regarding the approval of payment amounting to Rs.15,25,531/-. It is submitted that each of the works was approved by the competent authorities and duly signed by the concerned officer. It is further submitted that the works were completed during the period from 2019 to 2023; however, no payments have been forthwith coming from the respondent authorities despite repeated requests. 3. The learned Standing counsel appearing for the 3rd respondent submits that the internal correspondence of the respondent authorities relied upon by the petitioner is under consideration. Be that as it may, it is not in dispute that the petitioner has executed work, and the work completed by the petitioner has been duly certified by the competent authorities of the 3rd respondent. In such circumstances, there could be no valid reason for the 3rd respondent to withhold the payment due to the petitioner. 4 HN, J W.P.No.6598_2025 4. Accordingly, with these observations, the writ petition is disposed off with a direction to the 3rd respondent to verify the pending bills and release the payments due to the petitioner within a period of four (04) weeks from the date of the receipt of this order. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:12.08.2025 NKA 5 HN, J W.P.No.6598_2025 9 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 6598 of 2025 Date: 12.08.2025 NKA