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2025 DAILYLAW 14786 (AP)

SRI RAO SURESH v. The State of Andhra Pradesh,

WP/9949/2025 · 2025-07-23

Harinath N

body2025

Judgment text

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APHC010185732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 9949/2025 Between: 1. SRI RAO SURESH, S/O. R. V. SURYA RAO AGE 55 YEARS, R/O.2- 11-13, VENKATA NAGAR ,SREE NAGAR, KAKINADA. EAST GODAVARI DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. MUNICIPAL CORPORATION KAKINADA, REP.BY ITS COMMISSIONER, KAKINADA KAKINADA DISTRICT. 3. MUNICIPAL CORPORATION KAKINADA, REP.BY ITS EXECUTIVE ENGINEER KAKINADA DISTRICT. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, 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 pleased tomaybe pleased to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action 2 HN, J W.P.No.9949_2025 of the Respondents in withholding the payments of pending amounts of Rs. 19,27,770/- (Nineteen Twenty Seven Thousand, Seven Hundred and Seventy Rupees only ) even after finalizing the bills payable to the petitioner in relation to the works i. e I. construction of C.C.Drain and RCC Culverts at D.No.3- 16B-105 to 3-16B-110 And 3-16B-94 to 3-16B-94 to 3 16B-100/1and 2- Lakhs 44-19/7 to 2-44-18 in 4A Sachivalayam, GGMP ,Agreement no.67/2023-24,Dated 20.09.2023 For the year 2023 as bad ,illegal, arbitrary, improper, unjust and against the Article 21 of constitution of India and consequently direct the respondents to pay the amounts of Rs. 19,27,770/- (Nineteen Lakhs, Twenty Seven Thousand, Seven Hundred and Seventy Rupees only ) with interest @ 24percent per annum for the delayed amount till date of realization for the works executed by the petitioner and pass any other order or orders as this Honble Court may deem fit and proper in the facts and circumstances of the case 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 may be pleased to direct the respondents to pay the amounts of Rs. 19,27,770/- (Nineteen Lakhs, Twenty Seven Thousand, Seven Hundred and Seventy Rupees only ) with interest @ 24%per annum for the delayed amount till date of realization for the works executed by the petitioner, pending disposal and pass such Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. GP FOR FINANCE PLANNING 3 HN, J W.P.No.9949_2025 This Court made the following Order:- Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Finance and the learned Standing Counsel for the respondent-corporation. 2. Learned counsel for the petitioner submits that the petitioner has completed the works under Agreement No. 67/2023-24, dated 20.09.2023, entrusted by the respondent-Corporation, and has submitted the final bills. 3. It is submitted that a total amount of Rs. 19,27,770/- is due and payable by the respondent-Corporation to the petitioner on account of the completion of the aforesaid works. However, the said amount has not been paid. 4. Considering the submissions, there shall be a direction to the respondents to verify and release the payments as expeditiously as possible preferably within a period of six (06) weeks from the date of receipt of a copy of this order. 5. Accordingly, this Writ Petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 24.07.2025 NKA 4 HN, J W.P.No.9949_2025 268 HONOURABLE SRI JUSTICE HARINATH.N Writ Petition No. 9949 of 2025 Date: 24.07.2025 NKA