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2025 DAILYLAW 21516 (AP)

KASU BROTHERS v. THE STATE OF AP

WP/15752/2024 · 2025-04-16

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010304412024 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: Between: Kasu Brothers The State Of Ap and Others Counsel for the Petitioner: 1. KODE RAMESH BABU Counsel for the Respondent(S): 1. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 2. GP FOR MUNCIPAL ADMN URBAN DEV 3. GP FOR FINANCE PLANNING The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 15752/2024 ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: KODE RAMESH BABU Counsel for the Respondent(S): Sireesha Rani Vallabhaneni,Standing Counsel For MUNCIPAL ADMN URBAN DEV GP FOR FINANCE PLANNING The Court made the following: [3460] THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY ...PETITIONER ...RESPONDENT(S) 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.15752 of 2024 ORDER: 1. The Writ Petition is filed questioning the action of the respondents in not paying the admitted due amount of Rs.18,05,914/- to petitioner herein in relation to contract Work i.e., “(GGMP Funds) – Construction of CC Drain at 26th Ward canal Road from Shaik Baji House to Shaik Mahaboob Subani House in Ponnur Municipality” & “Construction of RCC Drain and Slab from SK Munjeer House to Kotte Nagamani House at 26th ward in Ponnuru Municipality (General Fund)” executed by the petitioner herein, under Agreement & Supplementary Agreement Bearing No.22/2022-23, dated 04.4.2023, 06/2023-24, dated 24.01.2024 & 119/2023-24 dated 11.01.2024, despite lapse of more than one year, even after finalizing the bills, is illegal and arbitrary. 2. Heard Sri Kode Ramesh Babu, learned counsel for the Petitioner and Smt.Sireesha Rani, learned Standing Counsel for the Respondent No.7-Municipality. 3. At the time of hearing, the learned Standing Counsel for the Respondent No.7-Municipality passed on the counter affidavit signed by the Commissioner, Ponnur Municipality, wherein it was stated in Paragraph No.4 that the bills have been uploaded in the CFMS portal for a total of Rs.18,05,914/- on behalf of the petitioner. The said amount includes Rs.10,22,762/- uploaded in CFMS vide token No.2024-221897 from GGMP funds and Rs.7,83,152/- uploaded in CFMS vide token No.2024-464836 from the General Funds. It is 3 further submitted that the payment could not be made due to financial priority of the Respondent-Municipality. It was stated that the Municipality will be paying the amounts as and when the amounts are released under GGMP-HIW Grant, without any delay. 4. In view of the aforesaid submissions and also considering the fact that there is no dispute with regard to the execution of work and the amounts due to the Petitioner, this Court is inclined to dispose of the Writ Petition, with the consent of both sides, with the following direction: (i) The Respondent authorities are directed to pay the amounts due to the Writ Petitioner within a period of four (04) months from the date of receipt of the copy of this order. There shall be no order as to costs. Consequently, miscellaneous applications, if any, pending shall stand closed. __________________ NYAPATHY VIJAY, J Date: 16.4.2025 TJN 4 133 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.15752 of 2024 Date: 16.4.2025 TJN