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2025 DAILYLAW 12897 (AP)

Korada Rama prasad, v. The State of Andhra Pradesh,

WP/7759/2024 · 2025-09-02

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010153472024 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 7759/2024 Between: 1. KORADA RAMA PRASAD,, S/O. PRAKASA RAO, AGED ABOUT 42 YEARS, OCC- CONTRACTOR, R/O. H.NO.5 YELESWARAM, KAKINADA DISTRICT 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND UD DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT-522237. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRI 522237. 3. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, VADDESWARAM, GUNTUR DISTRICT, 4. THE DISTRICT COLLECTOR, KAKINADA, KAKINADA DISTRICT. 5. THE YELLESWARAM NAGAR PANCHAYAT, KAKINADA DISTRICT. REP. BY ITS COMMISSIONER, 6. THE ASSISTANT ENGINEER, YELESWARAM NAGAR PANCHAYAT, KAKINADA DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 7759/2024 KORADA RAMA PRASAD,, S/O. PRAKASA RAO, AGED ABOUT 42 CONTRACTOR, R/O. H.NO.5-502, NANDI VEEDHI, YELESWARAM, KAKINADA DISTRICT - 533429. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL MUNICIPAL ADMINISTRATION AND UD DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, 522237. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRI THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, VADDESWARAM, GUNTUR DISTRICT, THE DISTRICT COLLECTOR, KAKINADA, KAKINADA DISTRICT. THE YELLESWARAM NAGAR PANCHAYAT, KAKINADA DISTRICT. REP. BY ITS COMMISSIONER, ASSISTANT ENGINEER, YELESWARAM NAGAR PANCHAYAT, KAKINADA DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH [3457] KORADA RAMA PRASAD,, S/O. PRAKASA RAO, AGED ABOUT 42 502, NANDI VEEDHI, ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL MUNICIPAL ADMINISTRATION AND UD DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT- THE COMMISSIONER AND DIRECTOR OF MUNICIPAL THE DISTRICT COLLECTOR, KAKINADA, KAKINADA DISTRICT. THE YELLESWARAM NAGAR PANCHAYAT, KAKINADA DISTRICT. ASSISTANT ENGINEER, YELESWARAM NAGAR PANCHAYAT, 2 7. THE PAY AND ACCOUNTS OFFICER, KAKINADA, KAKINADA 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 pleased tomay be pleased to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying a sum of Rs.4,32,530/- (Rupees Four Lakhs Thirty Two Thousand and Five Hundred Thirty only) relating to General Funds (2018-19) (2019-20), 14th FC (2015-16) and SFC (2017-18) respectively in Yeleswaram Nagar Panchayat, Kakinada District in respect of five works mentioned in the tabular form as illegal, irregular, arbitrary and against to the principles of natural justice and violative of fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India and consequently direct the Respondents to release a sum of Rs.4,32,530/- (Rupees Four Lakhs Thirty Two Thousand and Five Hundred Thirty only) along with 12percent interest from the date of completion of the works to till the date of realization forthwith and pass IA NO: 1 OF 2024 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 may be pleased to direct the respondents to release a sum of Rs.4,32,530/- (Rupees Four Lakhs Thirty Two Thousand and Five Hundred Thirty only) relating to General Funds (2018-19) (2019-20), 14**’ FC (2015-16) and SFC (2017-18) respectively in Yeleswaram Nagar Panchayat, Kakinada District in respect of five works mentioned in the tabular form forthwith to the Petitioner pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. B JAYA PRABHAKARA RAO 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: 3 Order:- Learned counsel for the petitioner submits that the petitioner has executed works relating to General Funds (2018-19) (2019-20), 14th FC (2015-16), and SFC (2017-18) respectively in Yeleswaram Nagar Panchayat, Kakinada District, in respect of five works mentioned in the tabular form and submitted the final bills. It is submitted that the competent authority has recorded the progress of the work and certified the same in the M-Book. It is further submitted that, in all, an amount of Rs.4,32,530/- is due and payable by the respondents to the petitioner. Though the progress of the works was recorded in the M-Book, no amount has been forthcoming. 2. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development; and the learned Assistant Government Pleader for Finance & Planning. 3. As the completion of work is not in dispute and transfer of bills work is not in dispute, there shall be a direction to the respondents to verify and release the bills due payable to the petitioner within period of four (04) weeks from the date of receipt of a copy of this order. 4. Accordingly, the Writ Petition is disposed off. No costs. 5. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 03.09.2025 SR