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2025 DAILYLAW 29492 (AP)

Sri SK. Mujibul Rahaman v. The State of Andhra Pradesh,

WP/21797/2024 · 2025-01-03

V Sujatha

body2025

Judgment text

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1 APHC010423222024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY ,THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21797/2024 Between: Sri Sk. Mujibul Rahaman ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. R YELLA REDDY Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 3. GP FOR FINANCE PLANNING The Court made the following: 2 ORDER: This Writ Petition is filed by the petitioner, under Article 226 of the Constitution of India seeking Mandamus, for the following relief: “…to issue a Writ of Mandamus declare the inaction on part of the Respondents herein not releasing the final bill amount worth of Rs.92,718.05 (Rupees Seven Lakhs Twenty Eighty Thousand Three Hundred Nineteen Only) as finalized and agreed on March 18, 2024 by the Respondents in relation to work contract for construction of CC Drain from SK Firoz House (Dr.No.244/13) to Pasupuleti Bhavani House (Dr.No.244/12) at Home Guards Colony in 8th Ward, Kandukur Municipality as per the work order bearing ROC.No.1088/2020/El dated August 18, 2022 having Agreement No.40/2022-2023 dated September 12, 2022 and Agreement No,100/2023-24 dated December 30, 2023 as illegal arbitrary contrary to the principles of natural justice and in violation of the Article 14, 19 and 21 of the Constitution of India and consequently direct the Respondents to make the payment of an amount of Rs.92,718.05 (Rupees Ninety Two Thousand and Seven Hundred Eighteen and Five Paise Only) dated March 18, 2024 along with an interest at the rate of 18% on the principal due amount..” 2. Today when the matter came up for hearing, Ms.Sireesha Rani Vallabhaneni, learned Standing Counsel representing respondent No.4, furnished a copy of instructions of the Commissioner, Kandukur Municipality dated 27.12.2024, wherein, the payments payable to the petitioner as claimed in the present writ petition was admitted. But however, it is stated that the new staff in place of Assistant Engineer, Dy.E.E was provided with the user credentials and the office has taken all the necessary measures for creation of bill for the CC 1st and final for the petitioner. After the bill preparation, the bill 3 shall be forwarded to the PAO, Nellore for final approval and release of funds to the contractor/petitioner i.e., Sk.Mujibul Rahaman without any further delay. 3. In view of the same, without keeping the writ petition pending, this Court feels it appropriate to dispose of the same by directing respondent Nos.2 and 3 to upload the bills, as expeditiously as possible, to a tune of Rs.1,00,952/- through CFMS system and thereafter, respondent No.2 is also directed to see that the amount is paid to the petitioner. The said process shall be completed within a period of three months from the date of receipt of copy of this order. 4. Accordingly, the Writ Petition is disposed of. No order as to costs. Consequently miscellaneous applications pending, if any, in the Writ Petition, shall also stand closed. ___________________ JUSTICE V.SUJATHA Date : 03.01.2025 JLV