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2025 DAILYLAW 31139 (AP)

M.R.D Prasada Rao v. The State of Andhra Pradesh,

WP/23486/2024 · 2025-07-23

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

V ' APHC010455862024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMS THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23486 OF 2024 Between: M.R.D Prasada Rao, S/o Venkata Chalapathi Rao, Aged about 70 years, Occ Contractor, R/o Rat No. 503, Vasista Enclave 520007 Kanuru, Krishna District - ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development dept. Secretariat Buildings, Velagapudi, Guntur District. 2. The Commissioner and Director of Municipal Administration, Vaddeswaram, Mangalagiri bypass, Guntur District 3. The Machilipatnam Municipal Corporation, Represented by its Commissioner, Machilipatnam, Krishna District 4. The Municipal Engineer, Machilipatnam Municipal Corporation, Machilipatnam, Krishna District 5. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Velagapudi, Amaravathi, Guntur District Secretariat Buildings, ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the the High Court may be a WRIT OF MANDAMUS declaring the action of the Respondents herein, in withholding the payment of 1st and final bills of Rs. 7,36,680/- and Rs. 4,51,374/ circumstances stated in the affidavit filed therewith, pleased to issue even after finalizing the bills payable to the petitioner in relation to the works i. e., I) Supply, delivery and providing Inter connection between Distribution line and Pumping main at Chilakalapudi and Valandapalem ELSR in ELSR, Gilakaladindi ELSR Machilipatnam 252/MGF/2020- 21, Dt. 04.06 2020 and 2) Replacement of 600mm dia sluice value in place of damaged 350mm sluice value and arresting leakage in 120 KL ELSR delivery line at Tarakaturu SS Tank of Machilipatnam Municipal Corporation 18 respectively, is questioned, as the same is illegal and arbitrary and consequently direct the respondents to consider for bills of Rs. 7,36,680/- and Rs. 4,51,374/- with an interest @24% per annum for the delayed amount to the petitioner i Municipal Corporation vide Agreement No. vide M.Book No. 182/2017- payment of 1 and final in respect of execution of above- mentioned work., forthwith. lA NO: 1 OF 909A Petition under Section 151 CPC in the affidavit filed i praying that in the circumstances stated in support of the petition, the High Court may be pleased to direct the respondents to consider for payment of 1 and final bills of Rs.7,36,680/- and Rs. 4,51,374/- with regard to the completion of works i.e. I) Supply, delivery and providing Inter connection between Pumping Distribution line and Gilakaladindi ELSR at Chilakalapudi ELSR, Valandapalem ELSR in Machilipatnam Municipal Corporation No. 252/MGF/2020-21, Dt. 04.06.2020 mam and vide Agreement and 2) Replacement of 600mm dia value and arresting leakage in 120 KL ELSR delivery line at Tarakaturu SS Tank of Machilipatnam Municipai Corporation vide M.Book No.182/2017-18 with an interest @24% sluice value in place of damaged 350mm sluice r^ per annum for the delayed amount to the petitioner, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI SURESH KUMAR REDDY KALAVA Counsel for the Respondent Nos.1 & 2: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.3 & 4: SRI A.S.C.BOSE, SC FOR MUNICIPAL CORPORATIONS Counsel for the Respondent No.SiGP FOR FINANCE AND PLANNING The Court made the following order: APHC010455862024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23486/2024 Between: 1.M.R.D PRASADA RAO, S/0 VENKATA CHALAPATHI RAO, AGED ABOUT 70 YEARS, OCC CONTRACTOR, R/0 FLAT NO. 503, VASISTA ENCLAVE, KANURU, KRISHNA DISTRICT-520007 ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL MUNICIPAL ADMINISTRATION AND URBAN SECRETARY,. DEVELOPMENT DEPT. SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2.THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, VADDESWARAM, MANGALAGIRI BYPASS, GUNTUR DISTRICT 3.THE MACHILIPATNAM MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER, MACHILIPATNAM, KRISHNA DISTRICT 4.THE MUNICIPAL ENGINEER, MACHILIPATNAM MUNICIPAL CORPORATION, MACHILIPATNAM, KRISHNA DISTRICT 5.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT OF FINANCE AND PLANNING, SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT ...RESPONDENT(S): 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 topleased to issue a WRIT OF MANDAMUS declaring the action of 2 HN, J W.P.No.23486_2024 ^ the Respondents herein, in withhotding the payment of 1st and final bills of Rs. 7,36,680/- and Rs. 4,51,374/- even after finalizing the bills payable to the petitioner in relation to the works i.e., I) Supply, delivery and providing Inter connection between Distribution line and Pumping main at Chilakalapudi ELSR, Gilakaladindi ELSR and Valandapalem ELSR in Municipal Corporation vide Agreement No. 252/MGF/2020- 04.06.2020 and 2) Replacement of 600mm dia sluice value in place of damaged 350mm sluice value and arresting leakage in 120 KL ELSR delivery line at Tarakaturu SS Tank of Machilipatnam Municipal Corporation vide M.Book No. 182/2017-18 respectively, is questioned, as the same is illegal and arbitrary and consequently direct the respondents to consider for payment of 1st and final bills of Rs. 7,36,680/- and Rs. 4,51,374/- with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work., forthwith and pass lA NO: 1 OF 2024 Machilipatnam 21, Dt. an 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 pleased to DIRECT the respondents to consider for payment of 1st and final bills of Rs.7,36,680/- and Rs. 4,51,374/- with regard to the completion of works i.e.. i.e., I) Supply, delivery and providing Inter connection between Distribution line and Pumping main at Chilakalapudi ELSR, Gilakaladindi ELSR and Valandapalem ELSR in Machilipatnam Municipal Corporation vide Agreement No. 252/MGF/2020-21, Dt. 04.06.2020 and 2) Replacement of 600mm dia sluice value in place of damaged 350mm sluice value and arresting leakage in 120 KL ELSR delivery line at Tarakaturu SS Tank of Machilipatnam Municipal Corporation vide M.Book No. 182/2017-18 with an interest @24percent per annum for the delayed amount to the petitioner, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1.SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1 .GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING 3 HN, J W.P.No.23486 2024 ' This Court made the following Order:- Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Finance and the learned Standing Counsel for the respondent-corporation. 2. Learned counsel for the petitioner submits that the petitioner has completed the works under Agreement No.252/MGF/2020-21, dated 04.06.2020, entrusted by the respondent-Corporation, and has submitted the final bills. 3. Considering the submissions, the respondents 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, this Writ Petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- B PRASADA RAO assistant: registrar E //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development dept., State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 2. The Commissioner and Director of Municipal Administration, Vaddeswaram, Mangalagiri bypass, Guntur District Machilipatnam Municipal Corporation 3. The Commissioner, Machilipatnam, Krishna District 4. The Municipal Engineer, Machilipatnam Municipal Corporation, Machilipatnam,Krishna District 5. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, VeJagapudi, Amaravathi, Guntur District 6. One CC to Sri Suresh Kumar Reddy Kalava, Advocate [OPUC] 7. One CC to Sri A.S.C. Bose, SC for Municipal Corporations[OPUC] 8. Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 10. Two CD Copies ssb w 1 HIGH COURT DATED:24/07/2025 ORDER WP No. 23486 OF 2024 DISPOSING OF THE W.P. WITHOUT COSTS