Extracted from the PDF above. The PDF is authoritative.
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APHC010401492024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY ,THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 20509/2024 Between: G Sundar Kumar ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. MARELLA RADHA Counsel for the Respondent(S):
1. M Krishna Rao SC for skl vzm kkd Municipal Corporations
2. GP MUNCIPAL ADMN AND URBAN DEV AP
3. GP FOR FINANCE PLANNING The Court made the following:
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ORDER : This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
“....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 payments for the work executed by the petitioner providing the “Construction of fishing platform at East side of Community Hall at Yetimoga in 14th Division through the Agreement No.33/SE/2022-2023 dated 15.06.2022” for an amount of Rs.45,13,750/- and with 18% interest is illegal, arbitrary and contrary to law and un-constitution and violation of Article 14 of Constitution of India direct the respondents to release and consequently Rs.45,13,750/- with 18% Per annum to the petitioner in respect of the execution of aforementioned work forthwith…”
2. Heard learned counsel for the petitioner and learned counsel appearing for the respondents.
3.
Learned counsel for the petitioner submits that even though respondents admitted that the petitioner is entitled for payment of the aforesaid sum of money, no payment is being made and such non-payment of money is clearly arbitrary and high-handed and thereby requires interference by this Court.
4. The 4th respondent filed counter affidavit, wherein it is stated that the amounts payable to the petitioner are admitted bills. However, due to lack of funds, the bill amounts have not been uploaded in the CFMS portal.
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5. In view of the same, since the bills claimed by the petitioner is an admitted amount, this Court feels it appropriate to dispose of the writ petition directing the respondents to release amount of Rs.45,13,750/- (Rupees Forty Five Lakhs Thirteen Thousand Seven Hundred and Fifty only) to the petitioner within a period of four (4) months from the date of receipt of a copy of this
order.
6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.
__________________ JUSTICE V.SUJATHA Date: 13.02.2025 JLV