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2025 DAILYLAW 19451 (AP)

NULAKA RAMAIAH v. THE STATE OF AP

WP/16549/2025 · 2025-08-27

Harinath N

body2025

Judgment text

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APHC010272642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16549/2025 Between: 1. NULAKA RAMAIAH, S/O NULAKA VENKATA RAMUDU , AGED 48 YEARS, OCC CONTRACTOR, DR.NO.8-67-B, POTHUGUNTA, DHARMAVARAM, SRI SATYA SAI DISTRICT (FORMERLY ANANTHAPURAM DISTRICT) ANDHRA PRADESH-515671. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 3. THE COMMISSIONER AND DIRECTOR, MUNICIPAL AND URBAN DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, 3,4,5 FLOORS, PRIME HILL CREST, VADDESWARAM, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR, SRI SATYA SAI DISTRICT, (FORMERLY ANANTHAPURAM DISTRICT.) 5. THE DHARMAVARAM MUNICIPALITY, REP BY ITS COMMISSIONER, DHARMAVARAM, SRI SATYA SAI DISTRICT (FORMERLY ANANTHAPURAM DISTRICT) 2 6. THE EXECUTIVE ENGINEER, DHARMAVARAM MUNICIPALITY, SRI SATYA SAI DISTRICT. (FORMERLY ANANTHAPURAM DISTRICT) 7. THE DY EXECUTIVE ENGINEER, DHARMAVARAM MUNICIPALITY, SRI SATYA SAI DISTRICT, (FORMERLY ANANTHAPURAM DISTRICT) 8. THE ASSISTANT ENGINEER, DHARMAVARAM MUNICIPALITY, SRI SATYA SAI DISTRICT, (FORMERLY ANANTHAPURAM 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 to pleased to issue a writ order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the the respondent authorities in withholding the admitted amounts even after finalizing the bills, payable to the petitioner in relation to the two works of laying of CC Roads and drainage works for a total amount of Rs.87,77,271/- (Rupees Eighty Seven Lakhs Seventy Seven thousand two hundred and seventy one only)under Gadapa Gadapaki Mana Prabhutwam funds for the FY 2023- 2024, as the same is illegal, arbitrary and violation of principles of natural justice and violation of Article 14, 19 and 21 of the Constitution of India consequently direct the respondents to release of admitted amount Rs.87,77,271/- (Rupees Eighty Seven Lakhs Seventy Seven thousand two hundred and seventy one only)with interests to the petitioner firm and other reliefs and to 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 to consider for payment of Final Bill Rs.87,77,271/- (Rupees Eighty Seven Lakhs Seventy Seven thousand two hundred and seventy one only) forthwith, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. DASARI S V V S V PRASAD Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 3 2. GP FOR FINANCE PLANNING The Court made the following: 4 Order:- Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Finance and the learned Standing Counsel for the Municipality. 2. Learned counsel for the petitioner submits that the petitioner has completed the works under (i) Agreement No.537 of 2023-24, dated 14.11.2023, (ii) Agreement No.409 of 2022-23, dated 24.07.2023, (iii) Agreement No.323 of 2023, dated 03.05.2023, (iv) Agreement No.396 of 2023-2024, dated 17.07.2023 and (v) Agreement No. 372 of 2022-2023, dated 08.06.2023, entrusted by the respondents, and has submitted the final bills. 3. It is submitted that a total amount of Rs. 87,77,271/- is due and payable by the respondents to the petitioner on account of the completion of the aforesaid work. 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 eight (08) weeks from the date of receipt of a copy of this order. 5. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. 6. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 28.08.2025 PNS 5