Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1076 OF 2025 Between: N Rajendra Prasad, S/o N. Balamukunda Prasad, aged 63 years R/o H.No.21-2-15/41,7*" Road, SKD Colony, Adoni, Kurnool District. ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Municipal Administration Department Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Finance Department, Secretariat, Velagapudi Amaravathi Thullur Mandal, Guntur District. Adoni Municipality, Rep By Its Commissioner, Adoni, Kurnool District. The Municipal Engineer, Adoni Municipality, Kurnool District. The District Collector (Municipality), Kurnool, Kurnool District. 2. 3. 4. 5. ...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 a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing the pending due payments of amount Rs. 17,49,441/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., to Laying of CC Road from Storm water drain near P.B 90/25 to D.No 17/4034 and D.No 17/837/26/2A to 17/840/48 in Kranthi Nagar Vanka gadda in E.W.No.24 in Adoni Municipality of Agreement.No.309/2023-24, dated 13.03.2024 vide M.Book
No. 176/2023-24 for Adoni Municipality Under GGMP Funds (2"^^ call) 2023-24, as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release the pending amounts of Rs. 17,49,441/- with interest for the pending bills forthwith for the above said work executed by the petitioner. 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 Fligh Court may be pleased to direct respondents to consider for pending Amount Bills of Rs. 17,49,441/- with interest for the work executed by the petitioner for the various work in Adoni Municipality of Agreements forthwith, pending disposal of the main writ petition.
Counsel for the Petitioner: SRI KOMMA VIJAYA RAJ KUMAR Counsel for the Respondents: GP FOR MUNCIPAL ADMN & URBAN DEV Counsel for the Respondents: GP FOR FINANCE & PLANNING Counsel for the Respondents: SMT V. SIREESHA RANI, SC for MUNICIPALITIES The Court made the following order:
\ APHC010011312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY ,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1076/2025 Between: N Rajendra Prasad ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner;
1. KOMMA VIJAYA RAJ KUMAR Counsel for the Respondent(S):
1.GP MUNCIPAL ADMN AND URBAN DEVAP 2.GP FOR FINANCE PLANNING The Court made the following: I
w /
ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- . .to issue a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing the pending due payments of amount Rs. 17,49,441/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., to Laying of CC Road from Storm water drain near P.B 90/25 to D.No 17/4034 and D.No 17/837/26/2A to 17/840/48 in Kranthi Nagar Vanka gadda in E.W.No.24 in Adoni Municipality of Agreement. No. 309/2023-24, dated 13.03.2024 vide M.Book No. 176/2023-24 for Adoni Municipality Under GGMP Funds (2nd call) 2023-24, as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release the pending amounts of Rs. 17,49,441/- with interest for the pending bills forthwith for the above said work executed by the petitioner and pass...” Heard learned counsel for the petitioner and learned counsel appearing
2. for the respondents.
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.
3. I
for hearing, learned Government and Urban Development submitted that admitted bills. However, due to lack Today, when the matter came up
4. \ Pleader for Municipal Administration the amounts payable to the petitioner are the bill amounts have not been uploaded in the CFMS portal. of funds. 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 the respondents to release amount of Rs.17,49,441/- to
5. writ petition directing the petitioner within a period of three (3) months from the date of receipt of a i 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 Sd/- U.SRl DEVi ASSISTAN'M^EGISTRAR officer closed.
//TRUE COPY// To, The Principal Secretary to Government, Municipal Adnninistration Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. Principal Secretary to Government, Finance Department, pjate of ^ Secretariat, Velagapudi Amaravathi, Thullur Mandal,
1.
2. The Andhra Pradesh, Guntur District.
3. The Commissioner, Adoni Municipality, Adoni, Kurnool District.
4. The Municipal Engineer, Adoni Municipality, Kurnool District.
5. The District Collector (Municipality), Kurnool, Kurnool District.
6. One CC to Sri Komma Vijaya Raj Kumar, Advocate [OPUC]
7. One CC to Smt V. Sireesha Rani, SC for Municipalities [OPUC] 8 Two CCs to GP for Municipal Administration & Urban Development, High Court of Andhra Pradesh. [OUT] 9 Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT] 10.Two CD Copies RAM
/ HIGH COURT DATED:27/01/2025 ^AND/y^ 1 3 MAR 2025 | ^ . Current Section
ORDER WP.No.1076 of 2025 DISPOSING OF THE WP WITHOUT COSTS