APHC010271242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 13941/2025 Between: 1. GOGULA DILEEP REDDY, S/O SIVA REDDY, AGED ABOUT 21 YEARS, R/O D.NO. 4-27, PURAM BAZAAR, VELDURTHI, GUNTUR DISTRICT, NOW PALNADU DISTRICT. ...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 STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 3. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, ANDHRA PRADESH AT TADEPALLI, GUNTUR DISTRICT. 4. PAY AND ACCOUNTS OFFICER, WORKS ANU ACCOUNTS,GUNTUR. 5. THE DISTRICT TREASURY OFFICER, GUNTUR DISTRICT. 2 6. THE GUNTUR MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, CORPORATION OFFICE, GUNTUR. 7. THE MEDICAL HEALTH OFFICER, GUNTUR MUNICIPAL CORPORATION, GUNTUR. 8. THE CHIEF MEDICAL HEALTH OFFICER, GUNTUR MUNICIPAL CORPORATION, GUNTUR ...RESPONDENT(S): Counsel for the Petitioner: 1. VENKATA DURGA RAO ANANTHA Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. GP FOR FINANCE PLANNING The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO.13941 of 2025 ORDER: 1. The present Writ Petition is filed questioning the action of the Respondent authorities in not paying an amount of Rs.3,00,718/- due to the Petitioner even after finalizing the bills in relation to work vide Proceedings in ROC.No.280720/2018-F1, dated 30.10.2024, as illegal and arbitrary. 2. At the time of hearing, learned Standing Counsel for the Respondent-Corporation passed on the written instructions signed by the Commissioner, Municipal Corporation, Guntur, wherein it is stated that the Superintending Engineer, GMC has opined that the previous approved rate for JCB was Rs.1,000/- and the bill is to be revised accordingly and it was further stated that there is use of Shovel (0.2 cum 75 hp) in the work done by the Petitioner. 3. Further, it is stated in the written instructions that the Superintending Engineer, GMC has issued Proceedings in ROC.No.280720/2018-F1, dated 24.06.2025, for sanction of Rs.2,29,221/- for removal of backlog garbage, tree branches, construction and demolition waste materials and stilt hips etc. at 6th Sanitary Division by engaging 3 private tractors, 1 shovel for 4 days i.e. from 03.11.2024 to 06.11.2024. 4 4. It is further stated that the bill was forwarded for payment to the Examiner of Accounts, GMC for scrutiny and payment of the bill i.e. Rs.2,20,221/-, but said bill was returned with an endorsement ‘as verified from the website of Transportation Department, it is noticed that the Log Book of “AP 27 X 3978” is not a Tractor as claimed by the contractor’. Hence, it is not possible to admit the bill and it need to be clarified and after getting clarification from the officials of Respondent No.6, the bill of Rs.2,20,221/- is to be resubmitted to the Examiner of Accounts, GMC for payment to the Petitioner. 5. In that view, as there is no dispute with regard to execution of work by the Petitioner and amount due to the Petitioner, the Writ Petition is disposed of, at the stage of admission, with the consent of both sides counsel, with the following directions; (i) The Respondent authorities are directed to pay the amount due to the Petitioner within a period of four (4) months from today; (ii) No order as to costs. 6. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 30.06.2025 IS 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO.13941 of 2025 Date: 30.06.2025 IS