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2025 DAILYLAW 31231 (AP)

GIREE ENTERPRISES v. THE STATE OF ANDHRA PRADESH

WP/23583/2024 · 2025-02-28

V Sujatha

body2025

Judgment text

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1 APHC010457512024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23583 OF 2024 Between: Giree Enterprises ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. NALLURI SAHITHI APARNA Counsel for the Respondent(S): 1. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. GP FOR FINANCE PLANNING The Court made the following: 2 ORDER : This Writ Petition is 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 declaring the action of Respondents in withholding payment of Final Bill of Rs.9,69,764/- for the work executed under Agreement No.133/EE/GMC/GNT/2023-24, dated 14.08.2023 as illegal, arbitrary, discriminatory, contrary and violation of principle of natural justice and consequently direct the Respondents to pay the total bill amount of Rs.9,69,764/- (along with interest 18 % p.a.,) to the petitioner, and to pass such other order or orders…...” 2. Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development for respondent No.1, learned Government Pleader for Finance and Planning for respondents Nos.2 and 6 and Sri A.S.C.Bose, learned Standing Counsel for Municipality for respondent Nos.3 to 5. 3. 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. 4. At the time of hearing, the learned Standing Counsel for respondents produced a copy of instructions of the Commissioner, Guntur Municipality, wherein it is stated that the Corporation has already prepared and processed the bills, after releasing funds from CFMS the amount is credited to the petitioner’s account. 3 5. 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 an amount of Rs.9,69,764/- (Rupees Nine lakhs, sixty nine thousand, seven hundred and sixty four only) to the petitioner within a period of three (3) months from the date of receipt of a 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 closed. __________________ JUSTICE V.SUJATHA Date: 28.02.2025 KGR