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2025 DAILYLAW 19478 (AP)

NULAKA RAMAIAH v. THE STATE OF ANDHRA PRADESH

WP/16741/2025 · 2025-10-15

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010273582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16741/2025 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 ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL 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 DIRECTOR, MUNICIPAL 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 MUNICIPALICY, 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 issue a writ order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of 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.79,67,336/- (Rupees Seventy Nine lakhs Sixty seven thousand three hundred and thirty six only) under Gadapa Gadapaki Mana Prabhutvam 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.79,67,336/- (Rupees Seventy Nine lakhs Sixty seven thousand three hundred and thirty six 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.79,67,336/- (Rupees Seventy Nine lakhs Sixty seven thousand three hundred and thirty six 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:- The learned counsel for the petitioner submits that the petitioner was awarded five works vide an Agreement Nos.397/2023-24, dated 17.07.2023; 677/2023-24, dated 29.01.2024; 536/2023-24, dated 14.11.2023; 538/2023-24, dated 14.11.2023; and 590/2023-24, dated 12.12.2023. 2. The learned counsel further submits that the petitioner duly executed the works and thereafter submitted final bills for an amount of Rs.79,67,336/-. It is submitted that the said final bills were duly endorsed by the competent authority. A statement detailing the works executed by the petitioner was prepared, and the progress of the works was recorded in the M-book. However, in spite of the completion of all procedural formalities, the payment towards the completed works has not been released till date. 3. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration & Urban Development, the learned Standing Counsel for the Municipality and the learned Assistant Government Pleader for Finance and Planning. 4. During the course of hearing, the learned Standing Counsel appearing for the Municipality does not dispute the submissions made by the petitioner with respect to the completion of works undertaken. 5. Considering the submissions, the concerned respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of ten (10) weeks from the date of receipt of a copy of this order. 5 6. Accordingly, this writ petition is disposed off. There shall be no order as to costs. 7. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 16.10.2025 PNS