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2025 DAILYLAW 12227 (AP)

M/S Rohit Enterprises v. State of Andhra Pradesh,

WP/7563/2024 · 2025-03-17

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010143552024 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7563 OF Between: M/s Rohit Enterprises State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. P NANILU NAIDU Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR MUNCIPAL ADMN URBAN DEV 3. GP FOR REVENUE The Court made the following: 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7563 OF 2024 ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: Counsel for the Respondent(S): GP FOR FINANCE PLANNING GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH [3460] THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY ...PETITIONER ...RESPONDENT(S) 2 ORDER: The present Writ Petition is filed questioning the inaction of Respondent Nos.2 and 3 in releasing the amounts to a tune of Rs.8,12,176/- to the Petitioner for the work done in Narsipatnam Municipality under Gadapa Gadapaku Mana Prabhutvam of State Government. 2. Heard Sri P.Nanilu Naidu, learned counsel for the Petitioner, learned Government Pleader for Municipal Administration and Urban Development, learned Standing Counsel for Municipality. 3. Learned counsel for the Petitioner submits that the Narsipatnam Municipality had awarded works vide Agreement Nos.128/2023-24, 129/2023- 24 and 130/2023-24 dated 13.12.2023 on nomination basis as the works were valued at Rs.5,00,000/- or less than Rs.5,00,000/-. Though all the works were executed to the satisfaction of the Respondent Municipality, the amounts due were not paid. Hence, the present Writ Petition is filed. 4. Respondent No.6 filed counter stating that the petitioner was allotted three works as per guidelines issued by the Government vide G.O.Rt.No.168, dated 15.11.2022 to grant works on nomination basis and the same were successfully completed by 10.01.2024. It was further stated that due to the interim orders passed in W.P.No.828 of 2024 dated 11.01.2024, the amount due to the Petitioner was not paid. The interim orders in W.P.No.828 of 2024 states that the Respondent Nos. 4 to 6 in the said Writ Petition were restrained from executing any works pursuant to the Municipal Council Resolution No.122, dated 28.12.2023. 3 5. Having heard the respective counsel, as it is admitted by the Respondent Municipality that the works were completed by 10.01.2024 i.e., even before this Court passed interim orders in W.P.No.828 of 2024 and the concerned Engineers took measurements and made entries in M-Books to facilitate payments, this Court is of the opinion that interim order passed in W.P.No.828 of 2024, cannot be considered as injuncting the Respondent authority from making payments. Therefore the present Writ Petition is disposed of directing the Respondent Municipality to pay the amount due to the Petitioner within a period of four (04) months from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. _______________________ JUSTICE NYAPATHY VIJAY 17th March, 2025 TJN 4 124 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7563 OF 2024 Dated:17.3.2025 TJN 5 HIGH COURT OF ANDHRA PRADESH WRIT PETITION NO: 7563 OF 2024 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 4. 17.3.2025 VN, J The Writ Petition is disposed of. (Vide Separate Order) _____ VN, J TJN