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2025 DAILYLAW 24863 (AP)

Pasala Anil Kumar v. The State of Andhra Pradesh,

WP/17954/2025 · 2025-07-16

Harinath N

body2025

Judgment text

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APHC010351692025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) n THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17954 OF 2025 Between: PasaJa Anil Kumar, S/o. Nageswara Rao, aged about 48 Years, Occ Contractor, R/o. H.No.44-10-33 Street, Rajahmundry, East Godavari District. Annapurna Peta, Veeranjaneyaswamy ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Secretariat Municipal Administration and Urban Development, Buildings, Velagapudi, Amaravathi. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Secretariat Buildings, Department of Finance and Planning, Velagapudi, Amaravathi, Guntur District. 3. The District Collector, Rajamahendravaram, East Godavari District. 4. The Rajahmundry Municipal Corporation, Rep. by its Commissioner, Rajahmundry, East Godavari District. 5. The Executive Engineer, Rajahmundry Municipal Rajamahendravaram, East Godavari District. 6. The Pay and Accounts Officer, Works and Accounts East Godavari District. Corporation, , Dowlaiswaram, ...RESPONDENTS 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the admitted/finalized bill payable to the petitioner towards the completed work I.e., Construction of CC Drains from D.No.44-13-55 to 45-27- 39 at Annapurnamma peta Railway gate road and D.No.44-13-112 to 44-13- 08 at Pedda Veedhi Ramalayam Veedhi Conservancy lane in Secretariat - 11, Division-6, High Impact works of Gadapa Gadapaku Mana Prabhutvam, under M-Book Pass Order No. 128/2022-24, finalizing the bills as illegal, arbitrary and violative of Articles 14 Constitution of India and also Rs. 18,11,782/-, even after and 21 of the oppose to the settled principles of law, and consequently direct the respondents to forthwith release the due the petitioner pending towards the completed work I.e., Construction of CC Drains from D.No.44-13-55 to 45-27-39 at Annapurnamma peta Railway gate road and D.No.44-13-112 to 44-13-08 at Pedda Veedhi Ramalayam Conservancy lane in Secretariat - 11, Division-6, High Impact works of Gadapa Gadapaku Mana Prabhutvam, under M-Book Pass 128/2022-24, Rs. 18,11,782/-. amount to Veedhi Order No. lA 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 to direct respondent Nos: 1 to 3 to release the amount pending completed work I.e., Construction of CC Drains from D.No.44-13-55 to 45-27- 39 at Annapurnamma peta Railway gate road and D.No.44-13-112 to 44-13- 08 at Pedda Veedhi Ramalayam Veedhi Conservancy lane in Secretariat - 11. Division-6, High Impact works of Gadapa Gadapaku Mana Prabhutvam, under M-Book Pass Order No. towards the 128/2022-24, Rs. 18,11,782/-, to the petitioner, pending disposal of the above writ petition Counsel for the Petitioner: SRI RAVULA NAGARJUNA Counsel for the Respondent Nos.1 & 3: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 6:GP FOR FINANCE & PLANNING Counsel for the Respondent Nos.4 & 5: SRI A.S.C.BOSE, SC FOR MUNICIPAL CORPORATIONS The Court made the following order: APHC010351692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17954/2025 Between: 1.PASALA ANIL KUMAR, S/0. NAGESWARA RAO, AGED ABOUT 48 YEARS, OCC CONTRACTOR, R/0. H.NO.44-10-33, ANNAPURNA PETA, VEERANJANEYASWAMY STREET, RAJAHMUNDRY, EAST GODAVARI DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEVELOPMENT, AMARAVATHI. MUNICIPAL ADMINISTRATION AND URBAN SECRETARIAT BUILDINGS, VELAGAPUDI, 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT OF FINANCE AND PLANNING, SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3.THE DISTRICT COLLECTOR, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 4.THE RAJAHMUNDRY MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, RAJAHMUNDRY, EAST GODAVARI DISTRICT. 5.THE EXECUTIVE ENGINEER, RAJAHMUNDRY MUNICIPAL RAJAMAHENDRAVARAM, EAST GODAVARI CORPORATION, DISTRICT. 2 6.THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS DOWLAISWARAM, EAST GODAVARI DISTRICT. i ...RESPONDENT(S): Counsel for the Petitioner: 1.RAVULA NAGARJUNA Counsel for the Respondent(S): I.GPMUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING The Court made the following; 3 Order:- r Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Finance and the learned Standing Counsel for the respondent-corporation. 2. Learned counsel for the petitioner submits that the petitioner has completed the work of Construction of CC Drains from D.No.44-13-55 to 45- 27-39 at Annapurnamma peta Railway gate road and D.No.44-13-112 to 44- 13-08 at Pedda Veedhi Ramalayam Veedhi Conservancy lane in Secretariat - 11, Division-6, High Impact works of Gadapa Gadapaku Mana Prabhutvam, under M-Book Pass Order No. 128/2022-24, entrusted by the respondent corporation, and submitted the final bills. It is submitted that a total amount of Rs. 18,11,782/- is due and payable by the respondent corporation to the petitioner on account of the completion of the aforesaid work. However, the said amount has not been paid. 3. 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 six (06) weeks from the date of receipt of a copy of this order. 5. Accordingly, this Writ Petition is disposed off. There shall be no order as to costs. 4 As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- J. SAROJA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi. 2. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Guntur District. 3. The District Collector, Rajamahendravaram, East Godavari District. 4. The Commissioner, Rajahmundry Municipal Corporation, Rajahmundry, East Godavari District. 5. The Executive Engineer, Rajahmundry Municipal Corporation, Rajamahendravaram, East Godavari District. 6. The Pay and Accounts Officer, Works and Accounts, Dowlaiswaram, East Godavari District. 7. One CC to Sri Ravula Nagarjuna, Advocate [OPUC] 8. One CC to Sri A.S.C. Bose, SC for Municipalities[OPUC] 9. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 10. Two CCs to GP for Finance and Planning High Court of Andhra Pradesh [OUT] 11. Two CD Copies Amaravathi, ssb \ i HIGH COURT N DATED:17/07/2025 ORDER WP No.17954 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS