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2025 DAILYLAW 29784 (AP)

K VIJAYA DURGA PRASAD v. THE STATE OF AP

WP/22319/2025 · 2025-08-27

Harinath N

body2025

Judgment text

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s APHC010425892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) v.-« THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST v TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22319 OF 2025 V-. Between: K Vijaya Durga Prasad, S/o Gopayya, Aged about 35 years, Occu: Contractor, D.No.9-41-119, Vagu Centre, Anjaneyavagu, Kothapeta, Vijay.awada Urban, Vijayawada- 520001 NTR District, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. By its Principal Secretary Municipal AdminYstration and Urban Development Department Secretariat Buildings, Velagapudi, Amaravathi. 2. The State of Andhra Pradesh, Rep. By its Principal Secretary, Finance Department, A.P Secretariat Buildings, Velagapudi, Amaravathi. 3. The Vijayawada Municipal Corp^ation, Rept. by its Commissioner, Vijayawada NTR District. 4. The Executive Engineer-Ill, O/o Municipal Corporation, Vijayawada. 5. The Pay and Accounts Officer, Work and Accounts Department, Vijayawada, NTR Distri^. A.P ...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 Writ, Order or direction more particularly one in the Nature of ? Writ of Mandamus declaring the action of the respondents in withholding the 1ST and final admitted Rs.4,24,160/- respectively for a total bills for a net amount of Rs. 4,17,946/- and U--' sum of Rs.8,42,106/-, even after finalizing the bills payable to the petitioner in relation to the works i.e 1) “Providing steps. Drains and landing at mattavari street. Hill Area in 1073194 sachivalayam 38th Division, vide agreement No.EE/4^2023-24 dt.30.05^023, 2) Providing step Landings and storm water, drain in Nukala vari Street to Yerra katta down and Kanaka Durga Temple at 210731J2 Sachivalayam Area in 55 th» Division vide agreement No.EE/42/2023-24 respectively is questioned consequently direct the respondents to consider dt.30.05.2023, ’ as the same is illegal and arbitrary and payments of the Final admitted Bills for a net total an amount of Rs. 8,42,106/- with interest @ 12% per annum for the delayed amount to the petitioner in respect of the execution of above mentioned work forthwith. 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 1st respondent authorities to release the 1st and final admitted bill amount of Rs. 8,42,106/- lakhs with interest at 12% for the works the petitioner forthwith, pending disposal of the Writ petition. Counsel for the Petitioner: SRI GNANESWARA RAO MITTIREDDI Counsel for the Respondent No. 1: GP FOR MUNCIPAL ADMN AND URBAN DE\C . Counsel for the Respondent Nos. 3 & 4: SRI S.Vrs's.SIVARAM VMC) Counsel for the Respondent Nos.2 & 5: GP FOR FINANCE & The Court made the following order: executed by (SC FOR PLANNING V ► w APHC010425892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22319/2025 Between: K Vijaya Durga Prasad ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.GNANESWARA RAO MITTIREDDI Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.S.V.S.S.SIVARAM SC For VMC 3.GP FOR FINANCE PLANNING The Court made the following: -2- W.P. No.22319 OF 2025 Date of order:28.08.2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.22319 OF 2025 ORDER 1. The learned counsel for the petitioner submits that the petitioner has executed work as entrusted by the 3 rd respondent-corporation and submitted final bills. It is submitted that the competent authority has also recorded the progress of work and certified the work in the M-Book. It is submitted that, in all, an amount of Rs.8,42,106/- is due and payable by the respondents to the petitioner. It is submitted that the bills were also uploaded in the CFMS Portal. However, no amounts have been forth coming. 2. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration and Urban Development; the learned Assistant Government Pleader for Finance and Planning, and the learned Standing Counsel for the respondent- corporation. 3. Considering the submissions, the respondents 2, 3 and 5 are hereby directed to verify and release the payments due payable to the petitioner 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\clpsed. . \ Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Development Department, A.P Secretariat, vjagapudi, Amaravathi. Municipal Administration and Urban 2. The Principal Secretary, Finance ^Department, Buildings, Velagapudi, Amaravathi. 3. The Commissioner, Vijayawada Municipal Corporation, NTR District. 4. The Executive Engineer-Ill, O/o Municipal Corporation, Vijayawada. 5. The Pay and Accounts Officer, Work Vijayawada, NTR District. 6. One CC to Sri Gnaneswara Rao Mittireddi, Advocate [OPUC] 7. One CC to Sri S.V.S.S.Sivaram (SC for VMC) Advocate [OPUC] 8. Two CCs to GP for MuncTpal Admn and Urban Dev Andhra Pradesh [OUT] 9. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 10. Two CD Copies A.P Secretariat Vijayawada and Accounts Department, V- High Court of TF *■ ■ HIGH COURT DATED;28/08/2025 ORDER WP NO. 22319 OF 2025 I t SEP 2025 J \^^yrrentS«£^^^^/ Oi I m DISPOSING OF THE W.P., WITHOUT COSTS