Extracted from the PDF above. The PDF is authoritative.
APHC010311922025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15759/2025 Between:
1. KHADAR VALI SAHEB, S/O SULTHA SAHEB AGED 56 YEARS, OCC CONTRACTOR, SHANTHINAGAR, DR.NO.3-887, 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 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)
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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 tomay be 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 five works of laying of CC Roads and drainage works for a total amount of Rs.82,90,716/- (Rupees Eighty two lakhs ninety thousand seven hundred and sixteen 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.82,90,716/- (Rupees Eighty two lakhs ninety thousand seven hundred and sixteen only) with interests to the petitioner firm and other reliefs and to pass suc h 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 consider for payment of Final Bill Rs.82,90,716/- (Rupees Eighty two lakhs ninety thousand seven hundred and sixteen only) forthwith, pending disposal of the above writ petition and to pass such Counsel for the Petitioner:
1. DASARI S V V S V PRASAD Counsel for the Respondent(S):
1. GP FOR MUNCIPAL ADMN URBAN DEV
2. GP FOR FINANCE PLANNING The Court made the following:
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ORDER:-
Learned counsel for the petitioner submits that the petitioner has executed works entrusted by the respondent-Corporation vide (i) Agreement No.405 of 2022-23, dated 24.07.2023, (ii) Agreement No.399 of 2023-24, dated 24.07.2023, (iii) Agreement No.270 of 2023-24, dated 13.03.2023, (iv) Agreement No.402 of 2023-24, dated 24.07.2023 and (v) Agreement No.559 of 2023-24, dated 15.11.2023 and submitted the final bills. It is submitted that the competent authority has recorded the progress of the works and certified the same in the M-Book. It is submitted that, in all, an amount of Rs.82,90,716/- is due and payable by the respondents to the petitioner. It is submitted that the bills were also uploaded in the CFMS Portal. However, no amounts have been forth coming.
2. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development; the learned Assistant Government Pleader for Finance & Planning, and the learned Standing Counsel for the respondent-corporation.
3. Considering the submissions, the respondents are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of eight (08) weeks from the date of receipt of a copy of this order.
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4. Accordingly, the Writ Petition is disposed off. No order as to costs.
As a sequel, interlocutory applications pending, if any, shall stand closed.
____________________ JUSTICE HARINATH.N Date: 12.09.2025 SR