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2025 DAILYLAW 27043 (AP)

V SUDHAKAR BABU v. THE STATE OF ANDHRA PRADESH

WP/19712/2025 · 2025-07-30

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

.H > APHC010382372025 IN THE HIGH COURT OF ANDHRA PR AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT X THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19712 OF 2025 Between: V Sudhakar Babu, S/o. Late Somaraju, Aged about 53 years, Occ: Civil Contractor, R/o.D.No.24A-20-13, Old Andhra Bank Road, Ashok Nagar, Eluru, Eluru District, Erstwhile West Godavari District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration And Urban Development Department, Secretariat Buildings, at Velagapudi, Amaravati, Andhra Pradesh. 2. The Eluru Muncipal Corporation, Rep. by Commissioner Eluru, Eluru District, Erstwhile West Godavari District. 3. The Executive Engineer, Eluru Municipal Corporation, Eluru, Eluru District, Erstwhile West Godavari District. 4. The Director Works and Accounts Department, Anjaneya Towers, Ibrahimpatnam, Vijayawada, Krishna District, Andhra Pradesh. ...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 a writ, order or direction more particularly one in the nature of a Writ of Mandamus or any other appropriate Wirt, Direction or Order questioning the action of the respondents in not paying pending admitted bills for an amount of Rs.2,42,479/- to the petitioner for the work Providing 110 MM Pipe Line at Arundhathi peta Colony, Kobbarathotalu Area in 16th Division, Eluru vide agreement No.46/2023-24 dated 18.05.2023 in favour of the petitioner even though completed the entire work within stipulated time in the year 2023 is illegal and arbitrary and violative of articles 14, 16 and 21 of constitution of India and consequently direct the respondents to clear the admitted bills pertaining to the above works. 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 the respondents to pay the admitted bills an amount of Rs.2,42,479/- pertaining to the tender work towards the work agreement No.46/2023-24 dated 18.05.2023 in favor of the petitioner, pending disposal of Writ Petition. Counsel for the Petitioner: SRI M K RAJ KUMAR Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos. 2 & 3: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS) Counsel for the Respondent No.4: GP FOR FINANCE & PLANNING The Court made the following order: APHC010382372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19712/2025 Between: 1.V SUDHAKAR BABU, S/0. LATE SOMARAJU, AGED ABOUT 53 YEARS, OCC. CIVIL CONTRACTOR, R/O.D.NO.24A-20-13, OLD ANDHRA BANK ROAD ASHOK NAGAR, ELURU, ELURU DISTRICT, ERSTWHILE WEST GODAVARI DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL MUNICIPAL ADMINISTRATION AND SECRETARY, DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, AT VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. URBAN 2.THE ELURU MUNCIPAL CORPORATION, REP. BY COMMISSIONER ELURU, ELURU DISTRICT DISTRICT. ERSTWHILE WEST GODAVARI 3.THE EXECUTIVE ENGINEER, ELURU MUNICIPAL CORPORATION, ERSTWHILE WEST GODAVARI ELURU, ELURU DISTRICT, DISTRICT. 4. THE DIRECTOR WORKS AND ACCOUNTS DEPARTMENT, ANJANEYA TOWERS, IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH. ...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 2 pleased topleased to issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus or any other appropriate Wirt, Direction or Order questioning the action of the respondents in not paying pending admitted bills for an amount of Rs.2,42,479/- to the petitioner for the work Providing 110 MM Kobbarathotalu Area in 16 Division, Eluru vide agreement No.46/2023-24 dated 18.05.2023 in favour of the petitioner even though completed the entire work within stipulated time in the year 2023 is illegal and arbitrary and violative of articles 14, 16 and 21 of constitution of India and consequently direct the respondents to clear the admitted bills pertaining to the above works and pass lA NO: 1 OF 2025 HOPE Pipe Line at Arundhathi peta Colony, 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 pay the admitted bills an amount of Rs.2,42,479/- pertaining to the tender work towards the work agreement No.46/2023-24 dated 18.05.2023 in favor of the petitioner, pending disposal of Writ Petition, and to pass Counsel for the Petitioner: 1.M KRAJ KUMAR Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP -The Court made the following Order: Learned counsel for the petitioner submits that the petitioner has respondent-corporation and nd executed the work entrusted by the 2 completed the construction work of providing MM HOPE Pipe Line as per Agreement No.46/2023-2024, dated 18.05.2023. It is submitted that, in all, an amount of Rs.2,42,479/- is due and payable by the 2"'‘ respondent- corporation to the petitioner on account of completion of the aforesaid work. It is submitted that, after having completed the works, the petitioner submitted the final bills, which were also approved. However, no payments were forthcoming. Heard the learned counsel for the petitioner; the learned Assistant 2. Government Pleader for Finance and Planning, for the 1®' respondent, the learned Assistant Government Pleader for Municipal Administration and Urban respondent and learned Standing Counsel for th Development, for the 4 Municipal Corporation, for the respondents 2 and 3. 3. Considering the submissions, the respondent Nos.2 to 4 are directed to verify and release the payments as expeditiously as possible preferably within a period of four (04) weeks from the date of receipt of a copy of this order. 4. Accordingly, the Writ Petition is disposed of. No costs. 5. Pending miscellaneous petitions, if any, shall stand closed. Sd/- B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// ^^ctiB^fficer To, 1. The Principal Secretary, Municipal Administration And Urban Development Department, Secretariat Buildings, at Velagapudi, Amaravati, Andhra Pradesh. 2. The Commissioner, Eluru Muncipal Corporation, Eluru, Eluru District, Erstwhile West Godavari District. 3. The Executive Engineer, Eluru Municipal Corporation, Eluru, Eluru District, Erstwhile West Godavari District. 4. The Director Works and Accounts Department, Anjaneya Towers, Ibrahimpatnam, Vijayawada, Krishna District, Andhra Pradesh. 5. One CC to Sri M K Raj Kumar, Advocate [OPUC] 6. One CC to Sri A S C Bose (SC for Municipal Corporations), Advocate [OPUC] 7. Two CCs to GP for Muncipal Admn and Urban Dev, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 9. Two CD Copies TF HIGH COURT DATED:31/07/2025 ORDER WP NO. 19712 OF 2025 *( M AUG 2025 VW^Hdljy*"« SectiopxVy DISPOSING OF THE W.P., WITHOUT COSTS