M/s Om Namo Sivayya, v. The State of Andhra Pradesh,
WP/22397/2025 · 2025-08-27
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29839 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29839 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010428522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdictiorif THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22397 OF 2025 Between: M/s Om Namo Sivayya, Rept. by its Proprietor, Dharyaketan Patra, S/o Gouranga Charan Patra aged about 38 years, Occu; Contractor, 14-4/41/32-1, Hanuman Nagar, Gunadala, Vijayawada Urban, Vijayawada- 520004 NTR District, Andhra Pradesh. H.No.44- ...Petitioner AND
1. The State of Andhra Pradesh, Rep. By its Principal Secretary, Municipal Administration and Urban Development Department Secretariat Buildings, Velagapudi, Amaravathi. 2. The State of Andhra Pradesh, Rep. By its Principal Secretary Department, A.P Secretariat Buildings, Velagapudi, Amaravathi. 3. The Vijayawada Municipal Corporation, 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 District. A.P Finance ...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
f' 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 bills for a net amount of Rs.9,09,514/-, even after • ? finalizing the bills payable to the petitioner in relation to the work i.e., Construction of RCC Culvert at APIIC Colony main road in 11th Division vide agreement No. E.E/GGMP/40/2022-23, dt.21.01.2023, is questioned, as the is illegal and arbitrary and consequently direct the respondents consider payments of the Final admitted Bills for same to a net total an amount of Rs.9,09,514/-, 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 2Q2fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Coui1 may be pleased to direct the respondent authorities to release the 1st amount of Rs.9,09,514/- 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 DEV Counsel for the Respondent Nos. 3 & 4: SRI S.V.S.S.SIVARAM (SC VMC) Counsel for the Respondent Nos.
2 & 5: GP FOR FINANCE & PLANNING The Court made the following order: and final admitted bill executed by FOR
f- APHC010428522025 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: 22397/2025 Between; ...PETITIONER M/s Om Namo Sivayya, AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1.GNANESWARARAO MITTIREDDI Counsel for the Respondent(S):
1.GP MUNCIPAL ADMN AND URBAN DEV AP 2.S.V.S.S.SIVARAM SC ForVMC 3.GP FOR FINANCE PLANNING The Court made the following:
2 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.22397 OF 202!?
ORDER
1. The learned counsel for the petitioner submits that the petitioner has executed work entrusted by the 3^^ respondent-corporation and submitted the final bills. It is submitted that the competent authority has recorded the progress of the work and certified the same in the M-Book. It is further submitted that, in all, an amount of Rs.9,09,514/- is due and payable by the respondents to the petitioner. Though the progress of the work was recorded in the M-Book, no amount has been forthcoming.
2. Heard the learned counsel for the petitioner, the earned Government Pleader for Municipal Administration and Urban Development; the learned Assistant Government Pleader for Finance & Planning, and the learned Standing Counsel for the corporation.
3. Considering the submissions, respondent Nos.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 six (06) 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 closed.
Sdl- K.J. RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Municipal Administration and Development Department, Secretariat, Velagapudii, Amaravathi. Urban
2. The Principal Secretary, Finance Department, A.P Secretariat Buildings, Velagapudi, Amaravathi.
3. The Commissioner, Vijayawada Municipal Corporation, Vijayawada, NTR District.
4. The Executive Engineer-lll, O/o Municipal Corporat on, Vijayawada.
5. The Pay and Accounts Officer, Work and Accounts Department,- Vijayawada, NTR District.
6. One CC to Sri Gnaneswara Rao Mittireddi Advocate |OPUC]
7. Two CCs to GP for Muncipal Admn and Urban Dev, High Court of Andhra Pradesh [OUT]
8. One CC to Sri S.V.S.S.Sivaram (SC for VMC) Advocate [OPUC]
9. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT]
10. Two CD Copies TF
•■V HIGH COURT DATED;28/08/2025 • •
ORDER WP NO. 22397 OF 2025 ^ 17 SEP 2025 j1) rrentSectiouX*y^ ★ DISPOSING OF THE W.P., WITHOUT COSTS