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2025 DAILYLAW 29037 (AP)

YENIKA SRINIVASA REDDY v. THE STATE OF AP

WP/21476/2024 · 2025-02-05

V Sujatha

body2025

Judgment text

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1 APHC010415382024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21476/2024 Between: Yenika Srinivasa Reddy ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. BATTULA SANJAIAH GANDHI Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR MUNCIPAL ADMN URBAN DEV 3. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities The Court made the following: 2 ORDER : This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “....to issue an appropriate writ or order or a direction more particularly one in the nature of writ of MANDAMUS declaring the action of the respondents, in not releasing the 1st & Final bill payment of Rs.2,79,718/- even after finalized the bill long back for successful execution of work for “Podili Nagarapanchayat-SCC Grant (2020-22)-Drilling of 165mm dia Borewell and fixing of 2.00HP/25 Stages submersible motor in power bore in Pothavaram SC colony” vide its Agmt. No.31/2021-22 dated 17.01.2022 in Podili Nagarapanchayat, Podili, which is illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India and also violative of principles of natural justice, and consequently direct the respondents to release the bill payment of Rs.2,79,718/-, due to the petitioner in respect of execution of work forthwith interest of 24% and to pass such other order or orders…” 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. Today, when the matter came up for hearing, learned Standing Counsel for Municipality, has furnished a copy of instructions, wherein it is submitted 3 that the amount payable to the petitioner is admitted bill. The 3rd respondent requested the authorities previously to release the amount so as to pay the same to the contractors. It is also submitted that the 3rd respondent is ready and willing to pay the amount to the petitioner as soon as the 2nd respondent releases the said amount to the Nagara Panchayat, Podili. 5. In view of the above instructions, since the bill amount claimed by the petitioner is an admitted bill, this Court feels it appropriate to dispose of the writ petition directing the respondents to release amount of Rs.2,79,718/- (Rupees Two Lakhs Seventy Nine Thousand Seven Hundred and Eighteen only) to the petitioner within a period of three (3) 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: 05.02.2025 JLV