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2025 DAILYLAW 25758 (AP)

PADALA HANIMIREDDY v. THE STATE OF ANDHRA PRADESH

WP/18515/2024 · 2025-09-21

Harinath N

body2025

Judgment text

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APHC010362952024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18515/2024 Between: 1. PADALA HANIMIREDDY, S/O VASU REDDY, AGED ABOUT 40 YEARS, OCCUPATION CIVIL CONTRACTOR, R/O H.NO. 3-86, MAIN ROAD. NEAR BODRAYI, ROMPICHERLA, PALNADU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 3. THE ANDHRA PRADESH COMPREHENSIVE FINANCIAL MANAGEMENT SYSTEM, 6TH FLOOR, C BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT, REP. BY ITS CHAIRMAN. 4. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, ANDHRA PRADESH AT TADEPALLI, GUNTUR DISTRICT. 5. THE DIRECTORATE OF TREASURIES AND ACCOUNTS, 1ST FLOOR, NIDHI BHAVAN, BEHIND APIIC BUILDING, IT PARK, 2 MANGALAGIRI, AP - 522. 503 REPRESENTED BY ITS DIRECTOR 6. PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS, NARASARAOPET 7. THE DISTRICT TREASURY OFFICER, PALNADU DISTRICT. 8. THE NARASARAOPET MUNICIPALITY, REP. BY ITS COMMISSIONER, NARSARAOPET, PALNADU 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 topleased to issue a writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the admitted due amount Rs 50,49,419/- (Fifty Lakhs Forty Nine thousand Four Hundred and Nineteen) payable to petitioner for the 9 works executed for 8 th respondent by the petitioner, under agreements Bearing Nos 133/2021-22 (dated 26-06-2021, 109/2023-24 (dated 25-09-2023), 125/2023-24 (dated 21-10-2023), 126/2023-24 (dated 21-10-2023), 173/2023- 2024 (dated 05-01-2023), 182/2023-2024 (dated 21-01-2024), 202/2023- 2024 (dated 20-02-2024), 202/2023-2024 (dated 20-02-2024),205/2023- 24205/2023-24 (dated 24-02-2024) and 235/2023-24 (dated 11-03-2024) respectively despite finalizing the bills, as illegal, arbitrary, unconstitutional and consequently direct the respondents herein to immediately pay the due amount of Rs 50,49,419/- (Fifty Lakhs Forty Nine thousand Four Hundred and Nineteen) payable to petitioner in relation to above 9 works executed for 8th respondent under the said agreements with an interest @ 12 percent per annum and pass IA NO: 1 OF 2024 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 herein to release the due amount of Rs 50,49,419/- (Fifty Lakhs Forty Nine thousand Four Hundred and Nineteen) payable to petitioner for the 9 works executed for 8th respondent under agreements Bearing No’s 133/2021-22 (dated 26-06-2021, 109/2023-24 (dated 25-09-2023), 125/2023-24 (dated 21-10-2023), 126/2023-24 (dated 21-10-2023), 173/2023- 2024 (dated 05-01-2023), 182/2023-2024 (dated 21- 01-2024), 202/2023-2024 (dated 20-02-2024), 202/2023-2024 (dated 20-02- 3 2024), 205/2023-24205/2023-24 (dated 24-02-2024) and 235/2023-24 (dated 11-03-2024) respectively within a stipulated time frame and pass Counsel for the Petitioner: 1. SASANKA BHUVANAGIRI Counsel for the Respondent(S): 1. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. GP FOR FINANCE PLANNING The Court made the following: 4 Order: Learned counsel for the petitioner submits that the petitioner has executed 9 works entrusted by the 8th respondent vide (i) Agreement No.133/2021-22 dated 26.06.2021; (ii) Agreement No.109/2023-24 dated 25.09.2023; (iii) Agreement No.125/2023-24 dated 21.10.2023; (iv) Agreement No.126/2023-24 dated 21.10.2023; (v) Agreement No.173/2023-24 dated 05.01.2023; (vi) Agreement No.182/2023-24 dated 21.01.2024; (vii) Agreement No.202/2023-24 dated 20.02.2024; (viii) Agreement No.205/2023- 24 dated 24.02.2024; and (ix) Agreement No.235/2023-24 dated 11.03.2024 and submitted the final bills. It is submitted that the competent authority has also recorded the progress of works and certified the works in the M-Book. It is submitted that, in all, an amount of Rs.50,49,419/- 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 and Planning, and the learned Standing Counsel for the respondent Municipality. 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 six (06) weeks from the date of receipt of a copy of this order. 4. Accordingly, the Writ Petition is disposed off. No costs. 5 5. Pending miscellaneous petitions, if any, shall stand closed. _______________________ JUSTICE HARINATH.N Date : 22.09.2025 PNS