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2025 DAILYLAW 3048 (AP)

N RAJENDRA PRASAD v. THE STATE OF AP

WP/1108/2025 · 2025-01-27

V Sujatha

body2025

Judgment text

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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 HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1108 OF 2025 Between: N. Rajendra Prasad, S/o N. Balamukunda Prasad, aged 63 years, R/o H.No.21-2-15/41,7th Road, SKD Colony, Adoni, Kurnool District. ...PETITIONER AND I Jhe State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Municipal Administration Department, Secretariat, Velagapudi, Amaravathi, Thullur Mandal, Guntur District. 2. 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. 4. The Municipal Engineer, Adoni Municipality, Kurnool District. The District Collector (Municipality), Kurnool, Kurnool District. ...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. 3,14,096/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., to Laying of CC Road and CC Drain from D.No.21/503 to D.No.21/505/1 and from yamaha show room to D.No.21/515/310 at Ambedkar Nagar in E.W.No.17 in Adoni Municipality of Agreement.No.220/2023-24, dated 20.01.2024 vide M.Book No. 146/2023-24 for Adoni Municipality Under GGMP Funds 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. 3,14,096/- 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 High Court may be pleased to direct respondents to consider for pending amount Bills of Rs. 3,14,096/- with interest for the work executed by the petitioner for the various work in Adoni Municipality through the Agreements forthwith, pending disposal of the main Writ Petition. Counsel for the Petitioner:SRI. KOMMA VIJAYA RAJ KUMAR Counsel for the Respondents No.1,5: GP MUNCIPAL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent No. 2: GP FOR FINANCE AND PLANNING Counsel for the Respondents No. 3,4: M/s V SIREESHA RANI (SC FOR MUNICIPALITY) The Court made the following: ORDER mw' APHC010011152025 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: 1108/2025 Between: N Rajendra Prasad ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) V I Counsel for the Petitioner: 1. KOMMA VIJAYA RAJ KUMAR i Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEVAP 2.GP FOR FINANCE PLANNING The Court made the following: ? I I 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. 3,14,096/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., to Laying of CC Road and CC Drain from D.No.21/503 to D.No.21/505/1 and from yamaha show room to D.No.21/515/310 at Ambedkar Nagar in Municipality of Agreement.No.220/2023-24, M.Book No. 146/2023-24 for Adoni Municipality Under GGMP Funds 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. 3,14,096/- with interest for the pending bills forthwith for the above said work executed by the petitioner and pass. E.W.No.17 in Adoni dated 20.01.2024 vide 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 / i / 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 Government Pleader for Municipal Administration and Urban Development submitted that the amounts payable to the petitioner are admitted bills. However, due to lack of funds, the bill amounts have not been uploaded in the CFMS portal. 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.3,14,096/- to the petitioner within a period of three (3) months from the date of receipt of a copy of this order. 5. 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. Sd/-A.VIJAYABABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1: the Principal Secretary, State of Andhra Pradesh, Municipal Administration Department, Secretariat, Velagapudi, Amaravathi, Thullur _ Guntur District. 2. The Principal Secretary, State of Andhra Pradesh, Finance Department, Secretariat, Velagapudi Amaravathi, Thullur Mandal, 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. Two CCs to GP MUNCIPAL ADMN AND URBAN DEVELOPMENT, High Court of Andhra Pradesh. [OUT] 8. Two CCs to GP FINANCE AND PLANNING DEVELOPMENT, High Court of Andhra Pradesh. [OUT] g. One CC to M/s. V. SIREESHA RANI, Advocate (SC FOR MUNICIPALITIES) [OPUC] 10. Three C.D.Copies nm ▼ HIGH COURT DATED:27/01/2025 ORDER WP.No.1108 of 2025 EP^OFANOTjq 5 15 MAR 2025 ^ Current Section . DISPOSING OF THE WP WITHOUT COSTS