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2025 DAILYLAW 28660 (AP)

N V N S S KRISHNA PRASAD v. THE STATE OF AP

WP/21190/2025 · 2025-08-11

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

V APHC010408522025 IN THE HIGH COURT OF ANDHI^A^PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWELFTH DAY OF AUGUST . TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21190 OF 202fi 3; Between: N V N S S Krishna Prasad, S/o. Rama Rao, Aged 62 years, Occ. Civil Contractor, R/o Ramachandrarao pet. Near Vijaya Hospital, Eluru, Eluru District Erstwhile West Godavari District ...Petitioner AND 1 The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration Department Secretariat Amaravati, Andhra Pradesh. Buildings, at Velagapudi 2. The Eluru Municipal Corporation, Rep. by its Commissioner, Eluru Eluru District. 3. The Executive Engineer, Municipal Corporation 4. The Director, Works & Accounts Eluru, Eluru District. Department, Anjaneya Towers, Ibrahimpatnam, Vijayawada Krishna District, Andhra Pradesh, ...Respondents Petition under Article 226 of the Constitution of India praying that in the J, the High Court may be or direction more particularly one in the nature circumstances stated in the affidavit filed therewith pleased to issue a writ, order of a Writ of Mandamus any other appropriate Wirt, Direction or Order questioning the action of the respondents in not paying pending admitted bills amount of the tender work No. or for 1 Rs.9,11,905/-, of work No.2 f Rs.8,16,134/-, of work No.3 Rs.9,03,781/- and of work No.4 Rs.9,00,480/- i total Rs.35,32,300/- to the petitioner for the works in 1) Renovation and Construction of Urdu Ghar (Golusulapanja),10th Division, Kundi Center, Main Bazar, Near Head Post Office Eluru 2) Construction of Multipurpose Community Hall, (SC Area), Eluru Division Tapi Paniarala Samkshema Sangam, Raghavaachari Veedhi, Chakali Appalaswami Meda Prakkanna Ramachandrao Peta, Eluru, 3) Construction of Multipurpose Community (SC Area) at 50th Division MRC Colony, Thangellamudi of Library on Bose Sibiram and Renovation ofJose Sibiram Division in favour of the petitioner even though completed the entire work within stipulated time is illegal and arbitrary and violative of Articles 14, 16 and 21 of constitution of India Hall and 4) Construction (ST Area) at 35th in the year 2023-24 and consequently direct the respondents to clear the admitted bills pertaining to the above works. lA NO: 1 OF 7()9R Petition under Section 151 CPC in the affidavit filed in support of the petition, direct the respondents to pay the admitted bills for work No.1 Rs.9,11.905/- Rs.9,03,781/- and of work No.4 of the petitioner, pending disposal of Writ Petition^ praying that in the circumstances stated the High Court may be pleased to an amount of the tender of work No.2 Rs.8,16,134/- of work No. 3 Rs.9,00,480/- in total Rs.35,32,300/- in favor Counsel for the Petitioner: SRI M K RAJ Counsel for the Respondent No.1: KUMAR GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent Nos. 2 & 3: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS) GP FOR FINANCE & PLANNING Counsel for the Respondent No.4: The Court made the following order: » APHC010408522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21190/2025 Between: 1.N V N S S KRISHNA PRASAD, S/0. RAMA RAO, AGED 62 YEARS, OCC. CIVIL CONTRACTOR, R/0 RAMACHANDRARAO PET. NEAR VIJAYA HOSPITAL, ELURU, ELURU DISTRICT ERSTWHILE WEST GODAVARI DISTRICT ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT MUNICIPAL ADMINISTRATION DEPARTMENT BUILDINGS, AT VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. 2.THE ELURU MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, ELURU, ELURU DISTRICT. 3.THE EXECUTIVE ENGINEER, MUNICIPAL CORPORATION, ELURU, ELURU 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 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 A ) 2 for amount of the tender work No. 1 Rs.9,11 905/- Rs.8,16,134/- , I ' total Rs.35,32,300/ of work No.2 of work No.3 Rs.9,03,781/- and of work No.4 Rs.9,00,480/- i to the petitioner for the works 1) Renovation and Construction of Urdu Ghar (Golusuiapanja), Division, Kundi Center Main Bazar, Near Head Post Office Eluru, 2) Construction of Multipurpose Community Hall, (SC Area), Eluru Division Tapi Paniarala Samkshema Sangam, Raghavaachari Veedhi, Chakali Appalaswami Meda Prakkanna, Ramachandrao Peta, Eluru, 3) Construction of Multipurpose Community Hall (SC Area) at 50TH Division MRC Colony, Thangellamudi and 4) Construction of Library on Bose Sibiram and Renovation of Bose Sibiram (ST Area) at petitioner even though completed in the year 2023-24 the entire work within stipulated time is illegal and arbitrary and violative of articles 14, 16 and 21 of constitution of India direct the respondents to clear the admitted bills works and pass in and consequently pertaining to the above lA NO: 1 OF 207Pi Petition under Section 151 CPC in th« affiHo ■+ f I ^ • 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 for the tender work No. 1 Rs.9,11,905/-, an amount of No.2 Rs.8,16,134/-, of work No.3 Rs^9,03,781/- and of work No.4 Rs.9,00,480/- in total Rs.35,32 300/- in Tavorofthe petitioner, pending disposal of Writ Petition and to pass Counsel for the Petitioner: 1.M K RAJ KUMAR Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR FINANCE PLANNING The Court made the following: * ' 3 Order:- Learned counsel for the petitioner submits that the petitioner has executed four works entrusted by the respondent-corporation 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 further submitted that, in ail, an amount of Rs. 35,32,300/- is due and payable by the respondents to the petitioner. Though the progress of the works was recorded in the M-Book, no amount has been forthcoming. 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. Considering the submissions, the respondent Nos.2 to 4 are hereby directed to verify and release the payments due payable to the petitioner expeditiously as possible preferably within a period of six (06) weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall stand closed. 2. 3. as 4. 5. Sd/- V DIWAKAR DEPUTY REOISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration Department Secretariat Buildings, at Velagapudi, Amaravati, Andhra Pradesh. 2. The Commissioner, Eluru Municipal Corporation, Eturu, Eluru District. 3. The Executive Engineer, Municipal Corporation, Eluru, Eluru District. The Director, Works and Accounts Department, Anjaneya Towers, Ibrahimpatnam, Vijayawada, Krishna District, Andhra Pradesh. One CC to Sri M K Raj Kumar, Advocate [OPUC] One CC to Sri A S C Bose (SC for Municipal Corporations), Advocate [OPUC] Two CCs to GP for Muncipal Admn Urban Dev, High Court of Andhra Pradesh [OUT] Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] Two CD Copies 4. r 5. 6. 7. 8. 9. TF HIGH COURT DATED: 12/08/2025 ORDER WP NO. 21190 OF 2025 1 » I SEP 2025 "1 ^^Curreniseciion . « ^'SSPATCBSS-S^ disposing of the W.P., WITHOUT COSTS